Ca BON background check, failed to list infraction conviction

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Hi,

I graduated from my LVN program in CA last year and recently passed my nclex, but I recieved a letter aswing me why I checked the NO box when asked if I had ever been convicted of a crime. I did recieve an infraction for disturbing the peach in 2011 but i was told at the time by my attorney that it would never show up on my records and I would never need to dis close it. This is the only reason I didn't list it on my application.

I requested the court minutes and I'm going to mail them in to the BON, but I'm wondering has any anyone else been in this situation? If so what was the outcome? And what did you list as the reason for not disclosing the information?

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Hello Tandrea, I am not sure why your lawyer told you that disturbing peace is an infraction because usually that charge is a misdemeanor, and if you had to pay a fine or do community service that is definitely a Misd. charge. I have seen instances where the board will have you explain and then hopefully send your license and if the proof you send clearly does not show what you are stating they could even go as far to deny your license and you would have to appeal etc. or jump through all type of hoops over one little mistake. My only advice to you is to be PATIENT!!! It will take time for your paperwork to get to them, for it to go through enforcement and so on. You should be fine, just relax and do not get into any trouble.

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Specializes in Psych ICU, addictions.
Hello Tandrea, I am not sure why your lawyer told you that disturbing peace is an infraction because usually that charge is a misdemeanor, and if you had to pay a fine or do community service that is definitely a Misd. charge.

OP's attorney could have accepted a plea bargain to reduce the charge. Or depending on what OP did and what the local laws are, it may have really been an infraction. Or perhaps the lawyer is mistaken. Who knows?

OP: verify if it is an infraction or misdemeanor. Then quickly and cheerfully reply to any information or explanation requests the BON sends you. When it comes to explaining why you didn't disclose it, stick with the truth. Don't try to twist facts or embellish things, just be straightforward. In the unlikely event the BON wants you to appear before them to discuss this charge, have an attorney with you.

Best of luck.

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