Nurses with criminal background - page 5
I am a 28 year old new nurse graduate. when i was 17 years old, i had a charge of theft. Now after going back to school, and 11 years later, I graduated, and the board does not want to issue my... Read More
Jan 2, '12Even if you get record expunged, when submitting paperwork to Board of nursing, need to check off YES that there is a criminal background and include information re record expungement, Will take one longer for permission to take NCLEX and have license application reviewed. Boards of nursing have access to most criminal info as part of "public protection". Boards will deny license to those who "falsify" application information.
Jan 2, '12That is very TRUE you MUST disclose all criminal records to your state boards wether it was expunged or not. "I DID".... HONESTY IS THE BEST POLICY!!!!
Jan 21, '12I, too, have a misdemeanor on my record: VC-31 False information to peace officer. I will be applying to nursingsoon & have been very worried about how my past will affect me in the future. My sister is an attorney & is working to get my case expunged before I start to apply, but has warned me that even though it will be expunged, for anything regarding state licensing, I will always have to check yes that I have been convicted of a crime. For those of you who had records expunged & disclosed it to the BON, did you also disclose it when applying for employment?
Feb 8, '12No. If your records are expunged you are not required to disclose it on a job application, Once you get the court documents signed by the judge, go through it, it states what your rights are.
Feb 13, '12Hello TxGirl, I do wish that you have received your license already, If not contact the board once again. You may have to request to be heard at a board hearing where you will have to go in person in fornt of the board and in fron of the people at the hearing.
Once they agree to issue a license this will be probationary and your infraction will be in the board website forever. Meaning if 20 years from now you have a BSN, MSN and PHD and apply for a role, your theft charge will be online for your employers to read.
Let me know how this has gone for you thus far. Are you in Ca?
Quote from txgirl11I am a 28 year old new nurse graduate. when i was 17 years old, i had a charge of theft. Now after going back to school, and 11 years later, I graduated, and the board does not want to issue my license because of this old charge. I was so young and it was the biggest mistake of my life, and don't feel its fair that they are judging me for one mistake made. I have always been a straight A student, very responsible and with impecable credit, driving record and school records, its just that one mistake haunting me. My question is, has anyone ever, or do you know of anyone with the same charge as me and were issued their license??? They haven't denied it yet, but its been about 6 months and i don't receive and answer from them so i am getting worried that their answer will be no. and i worked extremely hard in school to get this far, for nothing.
Feb 16, '12Quote from txgirl11I know how you feel. hang in there! I was denied a license in VA , even after I had written the board prior to attending . I had to wait 16 months to get an answer-DENIED!. I have since moved and am trying to get my license in TX. does anyone else know if a state will accept you even if one have denied you?I am a 28 year old new nurse graduate. when i was 17 years old, i had a charge of theft. Now after going back to school, and 11 years later, I graduated, and the board does not want to issue my license because of this old charge. I was so young and it was the biggest mistake of my life, and don't feel its fair that they are judging me for one mistake made. I have always been a straight A student, very responsible and with impecable credit, driving record and school records, its just that one mistake haunting me. My question is, has anyone ever, or do you know of anyone with the same charge as me and were issued their license??? They haven't denied it yet, but its been about 6 months and i don't receive and answer from them so i am getting worried that their answer will be no. and i worked extremely hard in school to get this far, for nothing.
Apr 2, '12Re: sealed/expunged records: (Florida statutes)
I think a lot of people are very misinformed about the purpose of a sealed/expunged record. As noted about, I live in Fla and according to our state's statute there are about 6 entities that one must divulge your record to once it is sealed/expunged and the BON does not fall under any of those organizations.
Yes, the BON is a government entity but the only reason that's significant regarding your record is if you are seeking employment with this government institution- NOT a license. I don't know specifically what other states statutes are but if the law enforcement agency divulge your past to any of the agencies who are not on the exception list, they can be sued and fined and charged with a misdemeanor.
Here is the link to Florida's law concerning sealed/expunged records:
If you read this, tell me what category does the board of nursing fall under? I don't see it. If you are applying for government jobs (not licenses), yes they can see beyond what is sealed/expunged but other than that, they will not have access to this data.
I even hear lawyers say, "well, it depends on how some entities ask the question regarding background checks," and I will say to this, if they don't fall under the entities listed in this link (for Florida), I would answer "NO." What would be the purpose of sealing a record if you ignore the purpose of the law- its written to give a fresh start and not rehash the past for that one mistake you make (and got caught for )...
Apr 2, '12Follow up comment regarding sealing/expunging:
I just talked with an administrative lawyer this morning and my question to him was if a record is sealed/expunged, does it have to be reported to the board or can the BON see that record even though they are not on the list of agencies that can. He quoted me something (not from the statute itself) but from the NPA (nurse practice act).
I didn't want to get into it with him but I wonder if he realize that the NPA (written by BON) and the law I provided above (written by the legislatures) is not synonymous nor are they congruent. What do I mean? The legislature will tell you that pleading no contest is the same as not being convicted; however, the NPA will say you are convicted or that they look at pleading no contest the same. So again, these 2 rules of law are not congruent.
There are several scenarios one can fall into: you could have sealed a record before you applied for nursing school (in this instance, one does not have to disclose this info to the BON), the attorney said the NPA says a crime must be reported within 30 days- that might be so if you were a nurse at the time but if it happened before that, then the legislative law says you can not acknowledge your history legally (with exception of those agencies the law listed).
The other scenario is, you can be a nurse, get arrested and yes according to the NPA, it must be reported- I agree with this but that's if you are aware or knowledgeable about self-reporting; I have been doing impromptu surveys with different nurses (one who has been a nurse for over 30 years and a student nurse getting ready to graduate in a month)- both were not aware of the self-report policy. I believe one reason the BON tells you to report arrest within such stringent time frames is because they know some nurses might try to have that record sealed ASAP and you can't get a record sealed in 30 days you know.
There is someone I know, who 13 years after his incident and 11 years after sealing his record, he just found out about self-reporting when he was applying for graduate school- this, as I said, isn't unusual- many nurses just really don't know! Anyway, its sealed now and he's not saying anything so far- though he might. He's actually getting ready to have it expunged at this point. Anyway, just thought I'd give you my thoughts. It is imperative that we warn other nurses (esp new ones) to read the NPA in their state. Learn how vulnerable we in regards to loosing our licenses. Hope I didn't confuse anyone. Thanks
May 1, '12Hey LuArciga, I am in a similiar situation, the only difference is I am in Texas and your in Georgia. I was just accepted in to a 2 year RN program starting this fall and I was just wondering if you heard from the BON as of yet? I am so stressed out that I will even be fully accepted in program after background check is done, I just did fingerprints last week (dont really understand how that process works whether you are put out of program if it comes back on your record or that they allow you to stay in and you just have to petition for your license after you graduate--someone help!). I, like you, didn't mention it also... I thought since in was 98' and that it wasnt a drug charge it would be okay. Similar charge but mines was theft by check, due to an ex stealing my check book and writing checks all over town that I had to pay through the DA's office but I pleaded no contest to not get him in trouble---dumb and a little to nice now that I am going thru this. Please tell me if you were okay with the board...I realize TExas may be a little different than G.A. but it may give me some hope.
May 10, '12Came across this while I was researching how to handle a similar situation. According to the BRN of CA, nursing schools do a basic background check, and the BRN does an "EXTENSIVE/detailed & more expensive background check. According to the supervisor I spoke with they have this problem A LOT!!.. Time to implement change I'd say.
Sep 10, '12What exactly was you charge? Were you charged as an adult? what are the nursing rules in your state? Can you petition for either an expungment, sealing of the record or a pardon by the governor? Depending on your state clemendy may not me out of reach because I know in IL the ever forgiving Gov. grants over %60 of pardon requests.