Background Check DENIED

PhoenixTech, LPN · Dec 30, 2009

:icon_hug:What school did you apply to? How did you make out? Is it possible to appeal the decision? Are they saying that their clinical sites won't accept you or it's just their perogative? Please don't give up. I wish you the best :redpinkhe.

paacollins · Dec 31, 2009

I've never heard of this. Plenty of my classmates, including myself, have had speeding tickets. Perhaps schools are just getting very picky because they are flooded with applicants. I'd check other schools.

caroladybelle, BSN, RN · Dec 31, 2009

It depends on the "seriousness" of the offense.

How fast were you going and what was the "nature" of the reckless driving?

I know that in some areas and situations, "reckless driving" can be anything from driving too fast for the conditions to road rage cases, "borrowing" other people's vehicles, "donuting" a yard, or borderline DUI/DWI. And some of those may reflect on your maturity more so than others.

cgreen203 · Dec 31, 2009

My charge was doing 90 in a 70 mph and reckless driving which was reduced to only 79 in a 70. Even though the charge was reduced, all the steps involved in reducing the nature of the offense show up on the background check. The school that rejected me was Bergen Community College in Paramus NJ. They said no hospital would allow anyone with any type of record to do clinicals in their facilities. I tried speaking to the Nursing Directors at a few schools and they basically gave me no direction. I even contacted the NJ Board of Nursing (with a long email) and I got a brief reply in which the woman at the board was of no help. I am in the process of hiring a lawyer to have the case reopened and then taken off my record because I have no other choice in this matter. It really hurts because I worked so hard for this and now because of a stupid speeding charge I have to delay my future and pay a bunch of money to a lawyer. I would try going through other schools but it seems as if I would need to pay for the application fee and background check which begins to add up. This whole situation has aggravated me to no end but I can only pray for the best but if anyone has any suggestions I would love to hear them.

ddv106 · Dec 31, 2009

Hi,

You can go to an attorney and see if they can expunge your record, but I am not sure because what you are saying happened is a misdemenor and not a felony. Check an attorney. If you have limited funds you can check into legal services of NJ. They can at least give you advice on how to proceed.

When I was teaching, It was police records we checked into and if you had any drug convictions, assault and battery, theft, and serious crimes but a speeding ticket is what this accounts for is nuts. I hate to say but many people would be denied employment etc.

Come down the turnpike to Burlington or Camden Counties and see if you can apply. It is a distance and you would have to live down this way especially for clinicals too far to commute especially bad weather.

Good Luck and keep fighting.

ddv106 · Jan 1, 2010

Phoenix Tech,

you sent me a message about my background etc. I can't send personal messages through this site. I am a rn for 34 years, I have done many things including teaching, CNA, HHA, LPN, RN, and Xray techs co-teach at university and a certified K to 12 Vocational teacher for Allied Health Science Technology.. I am also a Legal Nurse Consultant and do probono work for some attorney's. When I was teaching we did backgound checks through the State police if you lived in the state for more than 2 years and an FBI check if you recently moved to the state from another state or from outside of the country.

That is why I responded to the person with background check denied as I did. Since then I spoke to one attorney who said that my advice to check out an attorney was accurate. They are much more aware of the laws than I am.

I am not sure of what else you wanted to know, I hoped this helped. I will be willing to help and answer any questions you might have. I am fine with the questions, I am a teacher and a Nurse. I believe in sharing with each other to get us all to reach our goals and be successful at it. :nurse:

Happy New Year

DoGoodThenGo · Jan 1, 2010

Sadly, or not so depending upon which side of the fence you are sitting on, schools, clinical settings and even some state boards of nursing are shutting the door to persons with *any* criminal convictions. Crimes, offences, everything is now on the table except "minor traffic violations".

While one understands your *anger* and confusion, you cannot blame the nursing program entirely for their actions.

Various federal, state and perhaps local laws require all those seeking employment in health care to undergo criminal background checks, and those with certain convictions are prohibited by statue from patient care. From the school's point of view there is no use in taking on a nursing student who will not be accepted for clinical rotations. I mean if you cannot do clinicals, you cannot complete the program, so there isn't a point in admitting you in the first place.

Some schools will try and find those with certian convictions another place to practice clinicals, but often the school will inform the second choice why the student was not accepted by the first.

Here on the NYC side of the Hudson River, many schools outright declare in information sent to prospective students, or on their websites, that those with *convictions* may not be accepted for clincial rotations, and even those with the same that are accepted may have issues with the NYS BON. Advice often given is that person contact the state BON and discuss the matter before applying.

You might wish to hire an attorney and then try seeing someone from the state BON in person to go over the matter, and get an answer once and for all.

As for the other part of your query, yes, due to the large number of students, schools can be picky about whom they admit. However hospitals just like many other businesses also can be picky whom they hire as well. Those with convictions often are passed over for those who are squeeky clean. Part of it has to do with aforementioned laws and regulations, the other part is simply liablity. Every time something horrible happens to a patient and it comes out the health care worker had a "past", it does not bode well for anyone else in that situation.

As for expungement of your record, there was an article in the New York Times, several months back about how persons with convictions are seeking to have their records sealed or expunged in record numbers. This was due to the tight labour market/high unemployment making causing persons with even small traffic matters such as yourself to have a hard time finding work.

PhoenixTech, LPN · Jan 1, 2010

Phoenix Tech,
you sent me a message about my background etc. I can't send personal messages through this site. I am a rn for 34 years, I have done many things including teaching, CNA, HHA, LPN, RN, and Xray techs co-teach at university and a certified K to 12 Vocational teacher for Allied Health Science Technology.. I am also a Legal Nurse Consultant and do probono work for some attorney's. When I was teaching we did backgound checks through the State police if you lived in the state for more than 2 years and an FBI check if you recently moved to the state from another state or from outside of the country.
That is why I responded to the person with background check denied as I did. Since then I spoke to one attorney who said that my advice to check out an attorney was accurate. They are much more aware of the laws than I am.
I am not sure of what else you wanted to know, I hoped this helped. I will be willing to help and answer any questions you might have. I am fine with the questions, I am a teacher and a Nurse. I believe in sharing with each other to get us all to reach our goals and be successful at it.
Happy New Year

Happy New Year to you as well. *wine

Thank you for your friendly and beneficial invitation. I'm looking forward to contacting you off site very soon. Your reply to cgreen203 was informative as well as hopeful and I was compelled for personal reasons to contact you. So many people are quick to justify denial of NS/Licensesure for people with criminal histories and while what they say may be correct, it seems that 'individual circumstances, rehabilitation and God' gets left out of conversations often.

Your post was compassionate and accurate and I think you're an .

cgreen203 · Apr 29, 2010

Hey Pheonix Tech, I just realized that you requested an update on my situation. Unfortunately every person I spoke with could not give me a firm answer on whether or not I would be denied entrance into their program including the New Jersey Board of Nursing so I had a lawyer reopen the case and have it dismissed. I did not want to get into a program and then have them turn around and kick me out. Such a ridiculous process but I guess it was meant to be because I changed my mind from continuing at a 2 year school for an RN to going to a 4 year school for a BSN. I would have never considered going for my Bachelor's degree if this did not happen to me so it is for the best. Thats the best wayto look at it but its still bs!! lol

PhoenixTech, LPN · Apr 29, 2010

I'm so happy that everything has worked out for you! BCC has lost what I know would have been an attentive and beneficial student and whatever school you have picked has gained one.

cgreen203 · Apr 30, 2010

Thank you so much!!