Am I able to get back into nursing school and finish my RN now with a record?

[Nurse Beth, MSN]

Returning to nursing school and pursuing your RN with a record may be possible, but it depends on the specifics of your situation and how the Board of Nursing (BON) views your case. There are some factors and strategies to consider. Here's a breakdown of the key elements:

What You Need to Know About Sealed/Expunged Records

Sealed/expunged records mean that the arrest and conviction are no longer publicly accessible, and you generally don't need to disclose them to most employers or schools.

However, sealed/expunged records are discoverable by boards of nursing (BONs). BONs conduct deeper (FBI-level) background checks than most employers and nursing schools because BONs are charged with protecting public safety.

Most BONs use fingerprint background checks as part of the application process. These checks reveal arrests even if they didn't result in convictions.

Significance of transparency

Some state BONs ask if you've ever been arrested, and others only ask if you've been convicted. If the BON asks, "Were you ever arrested?" You must answer "Yes," even though the records are sealed. 

While application questions vary by state BON, answering them truthfully is essential. Do not conceal information.  

The BON reviews any criminal history discovered on a case-by-case basis.

Nursing school acceptance versus BON authorization to test (ATT)

It is possible to be accepted into a nursing program and, upon completion, be denied authorization to test (ATT), meaning you are not allowed to take the National Council Licensure Examination (NCLEX).

Acceptance to nursing school does not convey ATT, and ATT is not granted until successful completion of your nursing program. Why is this? BONs will not spend time and resources reviewing a student's eligibility until they have successfully completed their nursing program.

Nursing School Admissions

Most nursing schools inquire about felony and misdemeanor convictions in their application process. Even if a felony charge is sealed, it's advisable to be upfront with if asked, particularly regarding the sealed felony. The school is likely to learn about the sealed records later when you apply for testing.

 However, you may still be able to get into school, particularly if you have demonstrated rehabilitation through therapy, volunteer work, or continued education.

Considerations

A misdemeanor conviction (depending on the specific charge) may not automatically disqualify you. In many states, misdemeanors are treated less harshly than felonies. The BON will look at factors such as the nature of the charge, the time that has passed since the conviction, how far apart the offenses were, and whether you completed all court-ordered mandates. 

Be sure to read Criminal Infraction? Writing a Letter of Explanation to the BON

The BON looks for accountability and rehabilitation. The fact that the two infractions are similar could signal to the board that you did not learn your lesson. Are you able to demonstrate you've taken responsibility and changed? 

Recommendations

• Consult with a lawyer. If you're unsure how your specific case will be treated or want to understand your options better, a lawyer familiar with criminal law and nursing licensure can help.
• Contact your state BON. You can ask about the disclosure rules. They may offer guidance on whether a sealed felony or misdemeanor affects your eligibility to take the NCLEX, but they won't make any promises. Again, you cannot apply until you complete nursing school.

While having a criminal record can present some challenges, many nurses have overcome past mistakes and found ways to continue their careers. You're not alone, and staying proactive and informed is important as you move forward.

Best wishes,

Nurse Beth