background check help (new member)

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hello,

first ill start by saying that i have found this forum very helpful for many things (before signing up)

2nd i need some help, ill make it as short as possible. i was convicted of a misdemeanor 7 years ago, did community service, got it expunged. the charge: giving false identification (texas) i have always gone by my middle name so the officer asked me for my name and i said "middle name, last name) asked for my ID so i gave it to him and he slapped the cuffs on me and said i was under arrest for giving false identification to a police officer "insert Miranda rights here". i had just turned 18 that year, had no idea what to do and scared out of my mind so i said "officer my name is on my license please look at it again my full name is "first middle last" its on my license! he told me if i didnt stop arguing with him that he would charge me for something else so i just sat in the car trying not to cry and piss my pants.

today, 7 years later, i submit my background test, ua etc.. to apply for nursing school, not even thnking about it, comes back with charges on my record. what can i do? it was supposed to be expunged/sealed/completely off my record 2 years ago.

long story short/tldr;

got arrested for misdemeanor 7 years ago

local judicial system told me it would be completely expunged in 5 years..

on my record still, scared i wont get into nursing school now

Specializes in Pediatrics.

I'd be at the courthouse today with documentation asking them what you need to do to get it fixed. I'd also be at the nursing office of your school with that same documentation letting them know that it's an error and you are getting it fixed. Depending on your program, it might not matter for entrance because it was a misdemeanor and so many years ago, but there's a chance your clinical site will refuse you over it so you need to get it fixed asap.

Specializes in Pediatrics.

Here is something I just found that may be what is happening in your situation. It's buried in a long forum thread so I will copy the relevant post here:

"Clearing your arrest or criminal record can be tricky. The first thing you need to do is consult an attorney to help you file a motion for expungement or record sealing.Be careful though... When the court grants your expungement/sealing, they will ONLY report the information to a select number of agencies (just government). Large background check companies that hold digital information are never notified that your record has been altered. These background check companies obtain a record of arrest or conviction when it happens, but never follow up for changes. This is what you need to worry about when it comes to getting jobs in the future, or passing a check for an apartment or credit line.

There are Companies out there that notify these thousands of background check places & have them remove the record. Unless you want to take the time to do that yourself and know the right places to call, this may be the route for you: nedcenter.com/

National Expungement Database Center

Most attorneys don't tell you about the additional work that needs to be done in order to FULLY clean your record and prepare for a background check!"

The full thread is located here: Job hunting with an expunged misdemeanor...any success stories? - Career Advice | Indeed.com

misdemeanor shouldn't affect your entrance as long as it was taken care of by appearing to court..etc. however, if your misdemeanor still shows up on your background some hospitals will question it when you do your clinical hours. some hospitals are picky and some aren't. I have heard that if its been over 5 years it would be ok and you just have to give your statement.

thanks for the help everyone! I will pay a visit to the court house tomorrow and speak with the nursing advisors after. I really hope I don't have to hire a lawyer for this. they are so expensive!

Specializes in Psych ICU, addictions.

I would definitely look into this. See what expungement means in your state. It may have wiped the conviction off your record, but the arrest itself may have remained.

Best of luck getting into school!

Specializes in Neuro.

Unfortunately I see this frequently. On paper with the courts it says expunged/diverted/dismissed/reduced or what have you but something gets missed. It either takes forever to get off your record or never does for whatever reason. As PP's said, visit the court house & just in case get a hard copy of the court document showing the charge was ordered to be expunged. Good luck.

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