TX: FBI background check

Nurses Criminal

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so i have to apply to take the NCLEX in texas, and of course there is a background check. my guilty conscience has me all paranoid. :) of course the instructors talk smack and say that if you've ever done anything, you may have to wait 3 years to get your license. i only have traffic violations, and i realize this doesn't count, but when i was 20(many years ago) :crying2:, i was arrested for theft by check. it was a "computer" mistake because i had paid the fine. i even got an apology from the police dept, it was cleared, etc, but does that count? i paid a fine for theft by check, is that criminal activity? don't they check that stuff when you apply for the program?? it seems like bullocks to allow someone into a nursing program only to have them be inelligible to take the NCLEX.

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Specializes in N/A. I'm a nursing student..

Hmm? Besides a pre-entry drug screen, I know that many nursing programs require a fingerprint clearance before you can start. If you did a fingerprint, or background check and it can back cleared for nursing school wouldn't the FBI check be OK as well? Then again, a fingerprint search may only go statewide whereas an FBI check is national.

I suppose I didn't help you here, but you raised a good question for some.

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Why don't you order your own copy of your criminal history ahead of time? That way you'll have piece of mind.

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Why don't you order your own copy of your criminal history ahead of time? That way you'll have piece of mind.

that's what i plan on doing. ugh. it's just so annoying. i called the BON and they were less then helpful. i am going the safe route by not doing the online app, and applying via snail mail. :banghead:

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It's better to confess and send the proper paperwork for a declartory order than to not mention it and it turn up! :bluecry1:

I had a "Disorderly Conduct~Unreasonable Noise" ticket for a car alarm. It is considered a class C misdeamenor and I had to disclose it. You send a disposition of charges and you send a letter explaining how you got the charge and two letters from your nursing instructors vouching for you and you will hear something from BON after that.

I got my letter back clearing me in about three weeks. Good luck! Tell the truth and you won't go wrong. Don't tell, and you could be wishing that you did!:banghead:

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Specializes in Sub-acute, Rehab.

wow my school has done three or four different background checks, i'm def. glad they were so thorough. I would hate to get through it all and be told you can't finish. I think you'll be fine esp. if it was cleared but never hurts to be sure. Always safer that way. Good luck to you hun.

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Specializes in Vents, Telemetry, Home Care, Home infusion.

best advice straight talk from boards of nursing

ala: frequently asked questions and answers regarding a criminal history and prior disciplinary action

;

question: what type of criminal history should be reported on the application?

answer: all arrests and convictions should be reported. this includes cases which were ultimately dismissed. it includes cases which were resolved by a guilty plea, nolo contendre plea, a trial or by some type of deferred prosecution. felonies and misdemeanors should be reported. minor traffic violations do not need to be reported. dui is not a minor traffic violation

question: can a person obtain a license as a nurse with a misdemeanor or felony conviction?

answer: each applicant is evaluated on a case by case basis. the board of nursing considers the nature, severity, and recency of the offense, as well as rehabilitative efforts and other factors. the board cannot make a determination for approval or denial of licensure until the entire application and supporting documentation is received and reviewed.

ca: failure to report prior convictions or disciplinary action is considered falsification of application and is grounds for denial of licensee or revocation of license.

pa board of nursing newsletter winter 2004/2005, pg 26

http://www.dos.state.pa.us/bpoa/lib/...nurse_2004.pdf

should you answer "no" and it is later determined you should have checked "yes," the prosecuting attorneys for the department of state may charge you with fraud and deceit in securing your continued license to practice and recommend disciplinary action against your license, in addition to any action with regard to the actual criminal matter. many licensees will state, "that's not fair, moral turpitude is something terrible, heinous." that was the old definition;that one stated above is the one currently utilized. other licensees will state, "i was innocent, but my lawyer advised me to plead guilty or nolo contendere; that nolo contendere wasn't the same as pleading guilty."

this is incorrect; the licensing laws consider a nolo contendere plea as well as a guilty plea.

pa license renewal: are you guilty of a crime of "moral turpitude"? dui, drug crime

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Specializes in Vents, Telemetry, Home Care, Home infusion.

tx: i think something may come up on my criminal background check. should i notify the board before submitting my fingerprints?

yes, please send a signed and dated letter to the board describing the incident(s) on your criminal background with certified copies of the court documents.

http://www.bon.state.tx.us/olv/faqs-fp.html#faq11

tx: study on criminal background checks

... the study showed that a total of 1,508 nurses were disciplined by the board for criminal histories. three hundred and thirty nurses were sanctioned due to a criminal history prior to the mandated cbcs; and 1,182 nurses were sanctioned due to a criminal history after the mandated cbcs. the results showed that 852 more nurses, a 258% increase, were sanctioned after the mandated cbcs. of the 1,508 case files reviewed, with 3,310 crimes identified, it was calculated that 938 or 28% were felonies and 2,372 or 62% were misdemeanors.

in the two-year time period since implementation of cbcs, two hundred and twenty-seven nurses were sanctioned who failed to disclose their criminal histories as required on the licensure renewal form, a 638% increase. these statistics substantiate that the cbcs have been effective in identifying nurses with criminal histories.

results of this research project may be reviewed by clicking this link cbc-analysis.pdf. research project results include: the number of nurses categorized by rns, lvns, applicants and endorsees sanctioned by the board due to criminal histories; identification of the nature and level of crimes, disclosure and non disclosure of criminal histories; as well as the sanctions the board issued for these crimes.

the board has also published a grid of disciplinary guidelines for criminal conduct that lists a number of criminal acts and the typical board action if a nurse is convicted, including deferred or probated sentences, for a listed crime. the board's disciplinary sanction policies offer additional insight into how certain crimes relate to the practice of nursing

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candidates for licensure

[ ] yes [ ] no (2.)

for any criminal offense, including those pending appeal, have you:

a. been convicted of a misdemeanor?

b. been convicted of a felony?

c. pled nolo contendere, no contest, or guilty?

d. received deferred adjudication?

e. been placed on community supervision or court-ordered probation, whether or not adjudicated guilty?

f. been sentenced to serve jail or prison time? court-ordered confinement?

g. been granted pre-trial diversion?

h. been arrested or have any pending criminal charges?

i. been cited or charged with any violation of the law?

j. been subject of a court-martial; article 15 violation; or received any form of military judgment/

punishment/action?

(you may only exclude class c misdemeanor traffic violations.)

note: expunged and sealed offenses:

while expunged or sealed offenses, arrests, tickets, or citations need

not be disclosed, it is your responsibility to ensure the offense, arrest, ticket or citation has, in fact, been expunged

or sealed. it is recommended that you submit a copy of the court order expunging or sealing the record in question

to our office with your application. failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged

or sealed, will at a minimum, subject your license to a disciplinary fine. non-disclosure of relevant offenses raises

questions related to truthfulness and character.

note: orders of non-disclosure:

pursuant to tex. gov't code 552.142(b), if you have criminal matters that

are the subject of an order of non-disclosure you are not required to reveal those criminal matters on this form.

however, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness

issue. pursuant to other sections of the gov't code chapter 411, the texas nursing board is entitled to access

criminal history record information that is the subject of an order of non-disclosure. if the board discovers a criminal

matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the board

may require you to provide information about any conduct that raises issues of character.

http://www.bon.state.tx.us/olv/pdfs/doapp.pdf

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