ACOD (New York State) and Virginia Board of Nursing - sealed records

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Hi,

About 8 years ago, I was arrested for petty shoplifting. Because it was my first & only offense, I received an "adjournment contemplating of dismissal;" basically, if I had no other offenses within the next six months, the charges would be dismissed. Naturally, this was the case, and as far as New York State is concerned, the records (including the arrest record) were sealed.

Since then, I've had jobs working in health & human services with developmentally disabled adults and children, and was also a preschool teacher. All of my positions required fingerprinting and background checks, and it never barred me from getting a job.

I'm graduating next month (BSN program) and I am wondering how to proceed with my application for licensure. I'm assuming it's something I have to disclose, but when I emailed the Virginia BON to inquire, they referred me to their website, which says nothing about sealed records.

I'm incredibly nervous about the whole thing, and regret this mistake every day. It was stupid, but I have contributed a great deal to society since then and I believe I will be a great nurse. I am in the Sigma Theta Tau honor society, have a GPA of about a 3.8 and have stellar recommendations from professors and clinical advisors. I realize this is a mistake I have to live with (and trust me, I have dealt with the guilt and remorse every day), but it will not affect how I practice as a nurse.

Does anyone have any suggestions on this matter? I will probably hire a lawyer and seek legal assistance, especially because I already have interviews for jobs right out of school.

Thanks so much.

-TH

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Specializes in Psych ICU, addictions.

http://www.dhp.virginia.gov/nursing/guidelines/90-55CriminalConvictions.doc

Should you have questions as to how to complete the application, I would consult with an attorney as we can't give legal advice here per our Terms of Service. I also recommend having that attorney with you should the BON ever want you to appear in front of them, as the BON is not the nurse's friend. Yes, hiring a lawyer is an expense. But not being able to get licensed after years of education is far more costly in the long run.

You can find lawyers that are versed in dealing with nursing issues and BONs here: TAANA Executive Office - Home

Best of luck.

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Thank you for your reply. I have contacted an attorney and should be able to speak with him next week. That was the same document I was referred to when I spoke with the Board of Nursing; however, I was not convicted (the charges were dropped) so I think that's where I'm not clear.

Thank you! I will see what the attorney suggests.

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

See FAQ: Nursing Licensure With Criminal History

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Hello i am in the same situation, i have been arrested for shoplifting twice 5 years ago in new york, however both of my cases were dismissed and i received an ACD for both. The clerk said that i do not have a criminal record since i have no conviction. Do u think i will be ok when i apply for nclex. I will be applying in June and im a bit paranoid about the situation. Thanks

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