Should I get my record expunged?

  1. 0
    Hello all,
    I am a new Nurse and new in this forum. I am in desperate need of a job but I don't know if I should start filling applications or not.
    My nightmare begun in 2003, I came here from NJ but all together not speaking English well; I went to a store to get an energy drink for school on a Sunday afternoon ( I was in Medical Assistant School) on Monday in school I found out I was pregnant ( reason why I was so sleepy) I went back to the gas station with my receipt and the drink unopened to return it and owner started to call me name, he said I stole the drink I gave him the receipt then he said he didn't know if I didn't put anything in it although it was seal ( my mistake was, I took 2 snicker bars went outside call the cop) I saw I police car I drove up to that plaza and explained what happened to him he drove me to the store( I was in my car) then since I called the cop I met them there.

    These people charged me with shop lifting and guys I'm taking God as my witness I myself called the cop I went to them.

    To add insult to injury the police report that was given to me had a court date in it which I did not know because prior to this I was never involved in any law enforcement problems, so I missed the court date.

    3 weeks later I was stop by the cop because my car didn't have the registration sticker in the tag( I live in FL by the way) and I was arrested because there was a warrant for my arrest for not showing up to court.

    Now everything I do, people look at me differently at every job applications this always hunts me, if I did go to the store to steal something to me the punishment and the shame would have been fair but I honestly did not. I was reading some of the story here and I something about expunging record but when you do that doesn't still show there was or there is something on your background ( my final discharge was "Nolle Prosse") I really don't know what that means
    I really, really, really need some help guys please, please sorry for grammar, English is not my primary language lol

    Thanks A Million
    Last edit by JustBeachyNurse on Oct 27, '12 : Reason: readability/formatting
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  3. 7 Comments so far...

  4. 0
    Thread moved to Nursing with Criminal History Forum as this has nothing to do with nurses in recover from addictions. Please note that the criminal history forum is moderated and all posts must be reviewed by a staff member and approved before appearing in view on the forum.
  5. 0
    To answer your question, 'Nolle prosequi" means unwilling to pursue, or "do not prosecute". If this is the discharge then while you may have been arrested, you were not prosecuted and thus not convicted. Please check job applications, if they ask if you have ever been convicted you can honestly say no. If they ask if you have been arrested (even if not charged or prosecuted) you would have to say yes. Most places are concerned if you were convicted working on the 'innocent until proven guilty' theory. Most background checks search for open cases (arrested without disposition) and convictions.

    Here is a quick definition of Nolle prosequi from a Google search: Nolle prossed legal definition of Nolle prossed. Nolle prossed synonyms by the Free Online Law Dictionary.
  6. 0
    I'm so sorry, I can't find that thread that you referred to :-(
  7. 0
    Quote from Ineedhelp#
    I'm so sorry, I can't find that thread that you referred to :-(
    You have, this is your thread. It you click on careers > nursing license with a criminal history you can read others with similar plights. Call your local legal aide office they can likely advise you for free regarding your background if you are required to self-report dropped charges on job applications.
  8. 0
    You may have had a "do not prosecute" on the shoplifting, but what ever came of the vehicle registration sticker? If you received a traffic ticket for that and paid it, then you likely have a traffic conviction on your record...and that would be something independent of the shoplifting charges.

    A lawyer would be the best person who could answer your question about whether you need to have your record expunged and how you should answer questions.

    Best of luck.
  9. 0
    Hi All! Like Ineedhelp#, I am in need of some advice. I was arrested almost 10 years ago and charged with "disorderly persons" The charge was ridiculous and I honestly would have walked away from the situation if I had just kept my mouth shut. The case was dismissed because I did not do what the police officer stated I did in the complaint. I was not convicted and my arrest record was expunged. I called the NJBON (which is where I plan to get my license) and they could not advise me on how to reply to the question on whether I had ever been arrested. They recommended I obtain legal advice. So I did. I consulted with a criminal lawyer (which was the lawyer who had my case dismissed and my arrest record expunged) and a nursing lawyer who deals with issues associated with nurses and their license. Both stated that I did not have to report my arrest because 1) i was never convicted of a crime and 2)my arrest record was expunged. I have been reading a lot of conflicting information on reporting arrest records even though it was expunged. I absolutely do not want submit my NJ application with "false" information and then face an issue with the NJBON. However, I truly prefer not to report it if i don't have to because it will delay my application process. If any of you were in my situation, what would you do??

    Thank you
  10. 0
    I called the NJBON (which is where I plan to get my license) and they could not advise me on how to reply to the question on whether I had ever been arrested. They recommended I obtain legal advice. So I did. I consulted with a criminal lawyer (which was the lawyer who had my case dismissed and my arrest record expunged) and a nursing lawyer who deals with issues associated with nurses and their license. Both stated that I did not have to report my arrest...
    You have already contacted the NJ BON and instructed you to seek legal advice. You state you are in contact with 2 Attorneys who have already advised you. I'm sorry, but we cannot advise you per TOS.


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