Misdemeanor/Felony:Restricted License ??

  1. Just graduated, career changer, top in my class, taking boards end of month. 15 years ago pleaded guilty to mail fraud (Felony) even though I had no idea at the time what I was doing was illegal, plead guilty to get it over with so name wouldn't get in paper, made retribution, no time served but was on probabation. Decided to get into nursing and saw the rules about felonies, but thought that since it was so long ago and that it wasn't drug related, violent, etc.. it wouldn't be a problem. Have been granted permission to take test, but will have a license with restrictions that I can't be in position of authority. Can someone please tell me what shows up on the actual hard copy license, does it give details on license, what will the employer see, etc. Am nursing assistant now, but left unchecked if I was ever guilty of committing felony on original application (didn't say yes or no). I actually thought it was a misdemeanor until I reviewed my paper work after graduation. Any advice, can I get this restriction taken off eventually (especially since this happened over 15 years ago, young and stupid), if so, has anybody a clue as to how to go about this. Thanks so much for those that respond.
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  2. 9 Comments

  3. by   elkpark
    Don't know anything about restrictions on an OH license, but I did want to respond to your comments about applications and employers. Many healthcare employers these days (if not most -- in my state, it's required) do legal/criminal background checks, and just having been dishonest about your history on an application can be enough to eliminate you from consideration for a job. You are probably better off just being honest about your past (and what you have done since then to put that behind you and move on) in the first place than trying to cover it up.

    Best wishes on your new career.
  4. by   Hellllllo Nurse
    If you can, I would hire a lawyer who specializes in nursing law. If you live in a large metropolitan area, you should be able to find one. I'm pretty sure an employer will find out about restrictions on your license when they verify your licensure with the state board. Many employers ask about license restrictions on their applications.
  5. by   Rhoresmith
    You could try to get an Expungement The process by which the record of criminal conviction is destroyed or sealed some states don't allow this but check with an attorney about it. Don't know what it would cost either.
  6. by   georgie
    I was upfront with the board, who told me (after waiting a GRULING month to get the results of their decision) that I could sit for the license but it will be resticted. I did send them the entire case file with a personal letter, so not hiding it from the board. I just don't remember if/how the question was asked on the employment application. I though it was a misdemeanor, so I would not have anwered yes to a felony. I've been with the hospital for 4 years now as a Nursing Assistant, and I just don't know what it will say on the physical license ( just restricted or does it have details) I could submit all the documents I sent to the board with my letter to my new employer/HR Department to show that this is what I sent the Board so they feel I was upfront with them, just unsure about what my status was when filling out the application. I was single when I made the mistake, now I'm married, 3 kids, family man with a much more mature attitude on life and responsibilities. I appreciate all feedback and points of view.
  7. by   CCU NRS
    Quote from Rhoresmith
    You could try to get an Expungement The process by which the record of criminal conviction is destroyed or sealed some states don't allow this but check with an attorney about it. Don't know what it would cost either.
    Time of offense being greater than ten years and if you haven't been in any trouble since you should be able to get it expunged. Go to the county or city of record and check your file there. Request copies of arrest and disposition of charges. It may have been expunged already and if not request that it be so. You may have to go before a judge and explain your situation and the judge can add a minute to the record and expunge it due to length of time and continued clean record.

    Good luck
  8. by   peaceful
    I agree w/poster who gives you advice to see an attorney, take the steps to get felony expunged from your record. My God, you made a mistake, this should not be allowed to haunt you the rest of your life. I know a guy who 15 yrs ago got caught bringing cocaine over the boarder, served jail time, & never has been in trouble since, leads a whole new life. He is able to get his record expunged. I can not imagine why you would not be able to. Good for you leading your life so differently today compared to when you made the mail fraud mistake. I wish the best for you.
  9. by   georgie
    It was a felony under federal law, not state law, and federal felonies can not be expunged. I can asked for a presidential pardon I suppose, but I don't have thousands to contribute to ANYONE'S presidential campaign. Can anyone answer if the hard copy license says "restrictions" (like supervisory) on it, or do they only find out if they look it up on the boards records? If you're not looking for a supervisory postion, is it that bad to have that on your license... meaning will you be asked? Anyone have someone with this on their license that can speak from experience?
  10. by   Todd SPN
    Ahh, the information age. In my state, healthcare professional licenses are available on the net for anyone to view. Go to the site, enter a name and the query brings up when you were licensed, birthdate and if you are current. If you have restrictions on your license it states that, but does not state what they are for. It advises you to contact the BON for further information. My facility uses the sight to make sure everyone is current rather than take in your license yearly. I'm betting that if there are restrictions it will be on the hard copy also.
  11. by   Destinystar
    Speaking from the point of view of Nursing in California. The license issued here look the same. We are mandated to verify licensure before we hire. At that time if the licensee has some kind of restriction it will be explained. Even though your practice is limited there are still some things you can do. Make a list of all those things. Dont give up on pursuing a pardon
    Quote from georgie
    Just graduated, career changer, top in my class, taking boards end of month. 15 years ago pleaded guilty to mail fraud (Felony) even though I had no idea at the time what I was doing was illegal, plead guilty to get it over with so name wouldn't get in paper, made retribution, no time served but was on probabation. Decided to get into nursing and saw the rules about felonies, but thought that since it was so long ago and that it wasn't drug related, violent, etc.. it wouldn't be a problem. Have been granted permission to take test, but will have a license with restrictions that I can't be in position of authority. Can someone please tell me what shows up on the actual hard copy license, does it give details on license, what will the employer see, etc. Am nursing assistant now, but left unchecked if I was ever guilty of committing felony on original application (didn't say yes or no). I actually thought it was a misdemeanor until I reviewed my paper work after graduation. Any advice, can I get this restriction taken off eventually (especially since this happened over 15 years ago, young and stupid), if so, has anybody a clue as to how to go about this. Thanks so much for those that respond.

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