Nursing school and arrest

Nurses Criminal

Published

Help! I'm getting ready to apply for my schools nursing program. Before acceptance, I have to have a background check ran. I was arrested for theft over $1,00 (felony) but not convicted. I am on probation and judicial diversion, which means in December 2017 I can have it expunged from my record. Although I have never been convicted of a crime, I know the arrest will still show on my background check, especially if they run a criminal background check. My lawyer told me to answer "no" to the "have you ever been convicted of a crime" section of any background check, because I haven't been. However, I don't want to be dishonest at all. I honestly have no clue if it is even worth spending the time going through my prerequisites for the program, just to be turned away because of an arrest. Not only that, but say I DO get accepted and get through the program, only for the Board of Nursing to see it, and deny me licensing. Has anybody ever been through this before? I feel like I'm stuck and have no options. :(

I have a 2nd degree theft felony in the state of Washington. My conviction was back in 2008 though so I've had a lot of time to research this subject area. Every state is different. In the Washington I am eligible for licensing and I pass a DSHS background check after 5 years from the date of conviction. But in the state of Arizona I couldn't ever enter into any of their nursing programs in a public school. None of the community college programs or the university programs. No felonies, EVER! and if I moved there and had my RN license in Washington and wanted to transfer it, I wouldn't be eligible for 5 years from the time I paid off my fines. So here I am, 9 years after conviction and I still couldn't be educated or licensed in the state of Arizona.

When I was researching for programs in Washington though I contacted my BON and they had a very black and white rubric for which they decide whether to allow an applicant with a criminal record and my school just followed the same guidelines of the BON and the department of health and human services, which meant after 5 years I was eligible for everything! I currently hold a CNA license which has the exact same criminal records regulations in this state as an RN license holds so I know I can be licenses right now.

Specializes in Psychiatry, Community, Nurse Manager, hospice.
Help! I'm getting ready to apply for my schools nursing program. Before acceptance, I have to have a background check ran. I was arrested for theft over $1,00 (felony) but not convicted. I am on probation and judicial diversion, which means in December 2017 I can have it expunged from my record. Although I have never been convicted of a crime, I know the arrest will still show on my background check, especially if they run a criminal background check. My lawyer told me to answer "no" to the "have you ever been convicted of a crime" section of any background check, because I haven't been. However, I don't want to be dishonest at all. I honestly have no clue if it is even worth spending the time going through my prerequisites for the program, just to be turned away because of an arrest. Not only that, but say I DO get accepted and get through the program, only for the Board of Nursing to see it, and deny me licensing. Has anybody ever been through this before? I feel like I'm stuck and have no options. :(

You cannot be penalized for an arrest that does not result in a conviction, or for which you were found not guilty. You are considered legally innocent. The BON is not permitted to discriminate against you for this, although it may take you longer to get your ATT.

I know from experience. Relax, and listen to your lawyer.

Specializes in Cardicac Neuro Telemetry.

My advice: Listen to your lawyer. You are paying him/her to give you the advice you're asking for on this forum. You even contacted the board of nursing. You can't rely on the advice you receive here to be 100% accurate. Also, change your user name. If it is your real name, it would behoove you to post on an anonymous basis especially when discussing your legal issues.

+ Add a Comment