Published Nov 26, 2013
Jeff Duncan
3 Posts
Hi, I live in Virginia and just recently applied to nursing school at three different schools. I had a felony just over 7 years ago. I am afraid that when I apply for clinicals that I will be turned down. The offense was non violent and I did receive full restoration of my civil rights from the Governor of Virgina. This is not a pardon but is the best I could do for now and will be applying for the pardon in September of 2014 when the time limit allows me to do so. I have no further infractions and don't drink at all. Do the background checks go past 7 years for clinical rotations. I'm going to call the board of nursing in Virginia and feel fairly confident they will say I can sit for the license. My worry is the hospitals that I need to take clinical rotations. Does anyone have experience with an issue like this or know who I should contact.
Esme12, ASN, BSN, RN
20,908 Posts
I would not be very confident......I would exercise caution. The fact is that even though your school may think it is OK....the board may not and can deny you sitting for the boards. Even after graduating from school. They will not give you an answer until you graduate and can apply for the permission to sit for boards. According to the BON website......Criminal convictions can affect an individual during the licensure or certification
application process and may affect an individual’s employment options after licensure or
certification by the Board.
Until an individual applies for licensure or certification, the Board of Nursing is unable to review, or consider for approval, an individual with a criminal conviction, history of action taken in another jurisdiction, or history of possible impairment. The Board has no jurisdiction until an application has been filed.
According to 54.1-3007 of the Code of Virginia, the Board of Nursing may refuse to admit a candidate to any examination, or refuse to issue a license or certificate, to any applicant with certain criminal convictions. Likewise, the Board may refuse licensure or certification to an applicant who uses alcohol or drugs to the extent that it renders the applicant unsafe to practice, or who has a mental or physical illness rendering the applicant unsafe to practice (referred to as a history of impairment). Criminal convictions for ANY felony can cause an applicant to be denied nursing licensure or nurse aide certification. Misdemeanor convictions involving moral turpitude may also prevent licensure or certification. Moral turpitude means convictions related to lying, cheating or stealing. Examples include, but are not limited to: reporting false information to the police, shoplifting or concealment of merchandise, petit larceny, welfare fraud, embezzlement, and writing worthless checks. While information must be gathered regarding all convictions, misdemeanor convictions other than those involving moral turpitude will not prevent an applicant from becoming a licensed nurse or C.N.A. However, if the misdemeanor conviction information also suggests a possible impairment issue, such as DUI and illegal drug possession convictions, then there still may be a basis for denial during the licensure or certification application process. Each applicant is considered on an individual basis. There are NO criminal convictions or impairments that are an absolute bar to nursing licensure or nurse aide certification. ADDITIONAL INFORMATION NEEDED REGARDING CRIMINAL CONVICTIONS, PAST ACTIONS, OR POSSIBLE IMPAIRMENTS Applications for licensure and certification include questions about the applicant’s history, specifically: 1. Any and all criminal convictions ever received; 2. Any past action taken against the applicant in another state or jurisdiction,including denial of licensure or certification in another state or jurisdiction; and 3. Any mental or physical illness, or chemical dependency condition that could interfere with the applicant’s ability to practice.
Criminal convictions for ANY felony can cause an applicant to be denied nursing licensure or nurse aide certification.
Misdemeanor convictions involving moral turpitude may also prevent licensure or certification. Moral turpitude means convictions related to lying, cheating or stealing. Examples include, but are not limited to: reporting false information to the police, shoplifting or concealment of merchandise, petit larceny, welfare fraud, embezzlement, and writing worthless checks. While information must be gathered regarding all convictions, misdemeanor convictions other than those involving moral turpitude will not prevent an applicant from becoming a licensed nurse or C.N.A. However, if the misdemeanor conviction information also suggests a possible impairment issue, such as DUI and illegal drug possession convictions, then there still may be a basis for denial during the licensure or certification application process.
Each applicant is considered on an individual basis. There are NO criminal convictions or impairments that are an absolute bar to nursing licensure or nurse aide certification.
ADDITIONAL INFORMATION NEEDED REGARDING CRIMINAL CONVICTIONS, PAST ACTIONS, OR POSSIBLE IMPAIRMENTS
Applications for licensure and certification include questions about the applicant’s history, specifically:
1. Any and all criminal convictions ever received;
2. Any past action taken against the applicant in another state or jurisdiction,including denial of licensure or certification in another state or jurisdiction; and
3. Any mental or physical illness, or chemical dependency condition that could interfere with the applicant’s ability to practice.
Meriwhen, ASN, BSN, MSN, RN
4 Articles; 7,907 Posts
Everything Esme said, and then some.
The fact is that just because a school is OK with your record doesn't mean that the BON has to be OK with it and give you a license. It is not uncommon for nurses with criminal records to graduate and then have the BON slam the door in their face. Fair? Not really, especially after you've gone through 3-4-or more years of schooling.
Likewise, should the BON decide to license you, that doesn't mean that employers have to like your criminal record and give you a job.
And finally, just because a school decides to accept your record doesn't mean that clinical sites have to accept it and let you rotate there. A school may try to place you elsewhere for clinicals, but they are not obligated to. And sometimes, there may not be an elsewhere to place you in. And no clinicals, no school.
For the answer to your question about background reports for clinical sites, your best bet is to ask the school directly.
Have you tried running a background check on yourself? That's one way to see what could show up...though keep in mind that your school may not use the exact same service. But at least you'll have an idea of how it appears on there.