advice about felony-reduced to a misdemeanor

Sirena922 · Jul 14, 2005

well, this is really embarrassing.i want to apply for lpn school in the spring but i have a problem. back in 2001, i had written some checks that bounced and moved out of state. well, i recently moved back and found out that i had a felony warrant. i went to court and explained what had happened and they reduced it from a felony to a misdemeanor and said that after i pay off the checks, it would be completely erased from my record (this is the only thing on my record) . in oklahoma it says that if youve been convicted of a felony, you have to wait 5 years to apply. also, it says that for misdemeanors involving moral turpitude or fraud would disqualify certain people. do you think that i would be banned from taking the test??? since it was reduced to a misdemeanor does it still count as a felony?? i really dont have a record and this is something ive wanted to do for a long time.
any advice, especially from anyone that has been through this would be great.

Your lucky. I have a felony for embezzlement. I got convicted back in December 2003. I want to go to nursing school also, but of course I have to wait until I can get my Felony Expunged. Call your state police department and ask them or your Federal Clerks Office, to see how long will it be before you can expunge your record. It takes 5 years from the time of conviction. So I'll be able to get my record expunged in December 08, thats what I was told by the Federal Clerks office here in Michigan where I live and the Michigan State police Department in which I ran my name to see what was on my record. Your State Nursing Boards where your from uses the State Police Background check to see if you have any felonies on your record. Once this is expunged, the nursing board or anyone else can't see this. This is what I was told TODAY, by the State Police Department. So go and talk to them. Good Luck, there's still hope, I didn't give up until I found out what my chance were. Now I'm making a 3 year plan towards getting into the program by taking all my liberal arts courses at a community college then I'll transfer to a 4 year college so that I can get my bachelors in nursing.

jamieanne75 · Jul 14, 2005

i dont have a felony it was a felony that was reduced to a misdemeanor.

they said as soon as the checks are paid off (about 2 years) that it would be completely off my record. im just wondering if since it was reduced, if its still a felony or a real misdemeanor.

i feel better though it sounds like you are getting through the process ok so maybe ill be able to do the same :)

Sirena922 · Jul 14, 2005

i dont have a felony it was a felony that was reduced to a misdemeanor.
they said as soon as the checks are paid off (about 2 years) that it would be completely off my record. im just wondering if since it was reduced, if its still a felony or a real misdemeanor.
i feel better though it sounds like you are getting through the process ok so maybe ill be able to do the same :)

You'll get through it I'm sure. If it's going to come completely off in 2 yrs, you'll be ok. The only thing about that is if your going into a nursing program you have to make sure that your record is clean. Is your misdemeanor high or low. All that matters to the BON, that's the question they asked me when I told them I had a record. But once the misdemeanor falls off you won't have any problems, as long as it falls completely off. They told me (BON, and nursing school) that I wouldn't be able to do any clinicals because of my record. So you want to make sure.

jamieanne75 · Jul 14, 2005

it would be off today if i could pay for the checks right now. i remember what they said now, ( i looked at my court papers) after i completely pay off my checks, the case will be dismissed.

the checks themselves totaled about 500 dollars but after they added their fees, it turned into 1400 dollars. thats the only thing on my record.

do you think check bouncing would disqualify someone from clinicals???

Sirena922 · Jul 14, 2005

it would be off today if i could pay for the checks right now. i remember what they said now, ( i looked at my court papers) after i completely pay off my checks, the case will be dismissed.
the checks themselves totaled about 500 dollars but after they added their fees, it turned into 1400 dollars. thats the only thing on my record.
do you think check bouncing would disqualify someone from clinicals???

I'm sure it wouldn't as long as it doesn't show up on your record. Call your BON, they can better tell you. Good Luck, I"m sure you won't have a problem though, but please make sure cause you don't want to go all the way through and can't do the clinicals, it'll be a waste of time.

sgent · Jul 14, 2005

It seems like you have a really cooperative DA, and since you did the right thing (turning yourself in), they are willing to let the entire thing go. Your best move right now is getting those checks paid off -- at which time you'll have a clean record. This may invovolve some overtime, etc.

1,400 sounds like a lot, but even a PT weekend job should enable you to pay it off in six months.

As for currently, I have no idea -- you'd have to ask the school or BON. Some consider a bounced check a crime of moral turpitude, some don't. If they do, then you'll have to deal with it as such -- and admit to being in a pre-trial diversion re/check bouncing.

jamieanne75 · Jul 14, 2005

well, in oklahoma it says that you can be passed as long as its a first time deal, which it is. im just worried because i dont know if they individually talk to every person who takes the test and then decides. im worried they wont like me or something.

suzanne4, RN · Jul 14, 2005

Recommendation is to speak with the BON before you begin school and get something in writing from them. It doesn't matter what any of us, or even an attorney, tells you. The only one that can make a decision that actually matters is the BON, and only them.

jamieanne75 · Jul 14, 2005

well, im really glad for all the advice. i called and basically i have to wait until my fine is paid. the reason is that even though its now a misdemeanor, it shows that i was charged with a felony and all that will be taken off as soon as i pay it off, and you cant do the clinicals with a felony, even if its been reduced. i am very very glad that they reduced now!!!!!

and im glad i got some advice and called around before spending tons of money when i wouldnt have been able to finish the classes

thank you :)

jamie