Prior Arrest and Nursing
0I just passed the LPN boards in the State of IL and was waiting for my name to show up on the IDPR site. Well I get a letter stating that I was arrested in 1993 (picked up by FBI fingerprints). Until that moment, I did not remember that night. So I have a few questions:
I have submitted all of the paperwork they asked for including the court paperwork showing that the case was Stricken on Leave to Reinstate (which they did not reinstate). This is considered a Non-Conviction.
I have also submitted a personal statement explaining what happened that night.
1: Will I be able to practice in the State of IL. I will be taking the RN NCLEX next February and worried that all this school was for nothing.
2: Did I lie somewhere in all of the questioning. I believe I was only asked if I was ever convicted, had a DUI or other convictions. This was an arrest and was not a conviction.
3: I am getting this expunged but will I have to disclose the arrest when I take my RN NCLEX next year?
I am so worried and need some advice. I feel like I spent years preparing for this all for nothing.Last edit by Shadownurse1543 on Mar 24, '10
0Mar 24, '10 by elkparkWe cannot give legal advice here, per the Terms of Service, and, since the BONs handle these types of situations on an individual, case-by-case basis, considering all the specific, relevant information, no one else's experience with the IL BON would necessarily predict what your experience will be.
0Mar 24, '10 by DoGoodThenGoAs other posters have statd, this is not the place to seek legal advice, for that you must contact a lawyer.Your questions regarding ability to practice must be directed to the state BON of which you intend to work.For the record, most all nursing programs, at least those around my part of NYC require students to disclose any prior arrest/conviction records as part of the applicantion process. If anything shows up applicants are directed to contact the NYS BON to seek information as to if they will be eligible for licensure upon graduation. There is also the question of if certian clinical settings will accept a person with a conviction, even a minor one.Aside from federal laws, different states have various laws regarding what sort of criminal record bars a person from becoming licensed. Disorderly conduct while considered an "offense" in some states, can be a crime in others, either way some states, (IIRC, New Jersey is one), bars persons with disorderly conduct offenses on their record from obtaining a license. However being as this may, as noted above, you must contact your state's BON and take things from there, as each situation is judged on it's own.Not to nitpick, nor kick a person when they are down, you posted that until the BON sent their letter, you "forgot" all about the event. That you have no memory of being arrested and convicted of something might seem a bit far-fetched for some to believe.As part of any clinical setting employment screening process, you will be asked about any criminal record/background. To say "no" then later on something different comes to light, merely saying one "forgot" normally isn't enough to prevent termination for cause.Many persons have things in their past they aren't too proud of, however it is far better to admit the mistake and show how one has moved on in life, than to "forget", or in anyway be less than honest. For some that merely shows the event may not have been simply a temporary case of poor judgement.Best of luck and keep your head up!
0Maybe I was not clear in my original post. I was arrested when I was 18 for disorderly conduct.
There was NO conviction, just an arrest.
It was stricken on leave to reinstate which means the courts had the option to reinstate the offense (like if I were arrested again) within 90 days, but they never did because I was never arrested again.
I have no convictions for any misdemeanors nor for any felons. I only have one arrest.
0Mar 24, '10 by RedhairedNurseIn my opinion, a nurse needs to be very thorough in all things. After all, you are dealing with the lives of other's and if you don't read that medication bottle or read the doctors orders thoroughly, you just may miss something that could cause harm to your patient. My point is, I find it difficult to believe that you didn't read the application you were submitting for your nursing license.
I too had to submit a declaratory order to the TX BON. I read each line, line by line very closely; it clearly states (I'm paraphrasing here) if you've ever been "arrested (except for minor traffic violations)" then you must submit the paper work, and a letter explaining the circumstances of the arrest, etc. The same thing you're having to do now.
I'd be a little worried if I were you. They (the nursing board) are going to think you lied and tried to pull one over on them. On the other hand, they may say, wow, doesn't this nurse know how to read. I know it was a very minor offense, but still. That is something you should have caught. If you read the BON application even further, it will most likely say to list expunge offenses, I know the TX BON does.
I'm sorry for you situation, but you need to learn from this.
Before I even applied for nursing school, I went through this process because it was the smart thing to do.
0Mar 24, '10 by PhoenixTechQuote from DoGoodThenGoI'm sorry but what about New Jersey? Please direct me to where you got your information because I've scoured NJ BON website, statues and mandates from the NJ government website, consulted NJ expungement lawyers and performed numerous internet searches in the pursuit of what sort of offenses constitute an absolute bar. I was unsuccessful. As a matter of fact this is the only thing I could find with any information concerning NJ and Lincensure Bars:Aside from federal laws, different states have various laws regarding what sort of criminal record bars a person from becoming licensed. Disorderly conduct while considered an "offense" in some states, can be a crime in others, either way some states, (IIRC, New Jersey is one), bars persons with disorderly conduct offenses on their record from obtaining a license.
and this briefing paper analyzing the barriers of employment for persons with criminal histories: