Background Checks

[nmbaur]

Hi, I have an citation on my record, but it was expunged. When applying for jobs do I have to still say I was charged with a misdemeanor or no? I'm confused as to if they see the expunged citations on the background check like the BON did when I got my license? or if they can't see it. I would never lie about it if asked in an interview but just curious as to should I check the box that says yes or no when asking if I have a misdemeanor on applications...Thanks for the advice!

[CrufflerJJ, BSN, RN, EMT-P]

Sorry, but we can't offer legal advice on this site. That being said, expunged/sealed records are often visible to your BON.

Your best bet is likely to contact an attorney with a strong background in representing clients before the Board of Nursing in your state.

For a list of nurse attorneys in your area, you might wish to check out http://www.taana.org .

Best of luck!

[Double-Helix, BSN, RN]

If the application asks if you were charged with a misdemeanor and you check NO on the application, it's the equivalent of lying in an interview. At the bottom of an application, you have to sign that all of the information you provided is accurate to the best of your knowledge. If the company finds out (either through a background check, an in person interview, or after you have been hired) that you lied on the application it is grounds for immediate disqualification or termination. It also could result in civil litigation if the company has invested money in your hire.

Then you'll have to check that little box on applications that asks if you've ever been fired.

Answer the application questions honestly. It's not worth the risk.

[Meriwhen, ASN, BSN, MSN, RN]

You should contact the employer in question to find what criminal history they want to you to disclose. Some employers focus only on felonies and misdemeanors; others want to know about traffic tickets, arrests even if the charges are dropped, etc.

If after that, you still have questions whatsoever as to how to answer questions on applications, you need a lawyer's advice. We're not lawyers.

Best of luck.

[JBri313]

It depends on what state that you live in. I live in Michigan and wen sumthng is expunged or suppressed on ur record nobody can see it. Only law enforcement

[tyvin, BSN, RN]

It's been my experience that it's the language of the question. If they want the expunged part then they have to put it on the form to also disclose expunged records (I don't know how legal that would be). I don't think nursing boards have the clearance needed to access expunged records. Anyway, if it comes up and they didn't ask that's going to be their problem IMO.