Afraid to Apply for a Job

Nurse Beth,

Thank you for taking the time to answer my question. I completely agree with waiting to apply for jobs until I have a test date. To add a few details: I was never convicted and the arrest happened nearly 10 years ago. Thankfully, I received my ATT about 2 weeks after I submitted my application.

I want to clarify my thought process for waiting to apply until my record was expunged:

The decision to wait to apply until my record was expunged was the result of advice from a family friend who used to work on the BON and my attorney. If my record was not expunged when I applied, then I would have had to submit certified copies of every page of records that pertained to my arrest and charges with my application. Those records would then become part of my file at the BON for the rest of my life as a nurse. If I wanted to move to another state, that state's BON would ask my current BON for my file and they'd see every record in all it's detail.

Because I waited until my record was expunged, the only court documents I had to submit were certified letters from the agencies involved in my arrest that state "We have no record of this individual from this date (date of offense) to present". I agree that the BON's background check will show the arrest, charges, and outcome, but given how transparent and genuinely remorseful I was in my personal letter of explanation, I found it less likely that they would take the time/resources to request every page of detail from my record and was hopeful that even if they did, that they would not include it in my permanent file at the BON.

The goal in this approach was that now that it is expunged, I will be able to largely put this painful memory behind me and should I choose to work in another state, the details of that memory won't follow me the rest of my life. Because my record is now expunged, I am able to check the "No" box on job applications asking if you've ever been arrested, charged or convicted etc etc.

It was a longer process than I would have liked, but I'm really glad I took this rout. Thank you again for your reply!

I am so glad this worked out for you and thank you for the explanation of your state's process. Best wishes.

I feel for you, because this type of situation is pretty stressful.

What I know to be true, because of personal, up-close experience.

Yes. The BONs do a "deep" search. Here's the TRUTH about expunction: if you live in a state that you can do this, then DO IT. Some crimes are not eligible, so be aware of that.

The reason I say to do it (my friend's took 3 months to complete) is because BY LAW, you are permitted to mark "NO" to the question "have you ever been arrested".

Because you haven't. Expunctions go to all state and federal authorities. You can sue anyone who uses any information that they may find, say, on a website or other information gathering, that claims you were arrested. The records for the state will be erased. The records in the court are erased. Not "archived". ERASED. That is the definition of expunge.

I know this. I have helped my friend apply for jobs and mark "NO" on being arrested, not even the "convicted" box. I have watched her apply for multiple state licenses...marking NO to the "have you been arrested" question. She never, EVER gets anything kicked back on her.

Now....you need to consider telling anybody at all. I DISAGREE with Beth's advice about not waiting.

If you disclose your arrest to the NCLEX/Pearson Vue/BON they will have this record no matter what you do with an expunction. Believe me...the BONs are NOT ON YOUR SIDE.

How I know this one? Another friend had an arrest as a juvenile, which was sealed, and then as an adult, he had it expunged.

He applied asap for the NCLEX when we graduated. They said nothing. He took the test, passed with flying colors.

THEY DENIED HIM HIS NURSING LICENSE. Why? Because he marked "no" on the arrest box. It had been expunged. What some bright spark at the BON did, was a search on his name in Google, and he had been on some type of "busted" website that buys court records and publishes them.

He had to get a lawyer and sue the BON. He won, but the BON still, to this day, refuses to shred these documents. He was arrested for being involved in a protest that got violent.

This person has a military record and top secret clearance. Even the records that come back for his e-Qip don't show an arrest history.

It is ILLEGAL for the BON to deny you your license or an employer to make a decision on any arrest history...and if you have an expunction...you can sue anyone who claims that they know you were arrested.

My advice is to get the expunction FIRST before you take any exams, and let the cat out of the bag. The BON will NOT be on your side. You think that "being honest" will help, but they use it against you.

However, that said, if you don't get an expunction and you LIE that you have never been arrested...you're toast.

So I advise you to prevent any and all entanglements that might need addressing later...get the expunction NOW and THEN take the exam. THEN apply for jobs.

My friend got hers in August. She was still terrified to apply for jobs. I can show you the texts from her attorney, who is a CRIMINAL attorney, not just some guy who went to court for her---that say...."Expunged. You are now arrest history free".

She has applied for licenses all over the country. Some of the toughest states. She has not had one single hiccup....fingerprinting, background check....none of it shows up a whisper of her arrest.

Get the expunction.

Take the NCLEX, keep your arrest to yourself.

Get a job.

You never have to think about it again if you just get the right paperwork filed FIRST.

GOOD LUCK TO YOU!

Thanks for the input. You are right, the BON is not on your side. It's important to know your state's application requirements. Some applications specify that expungements are listed. The most important thing is to answer all questions as asked. Best wishes.