California application confusion...gray area around criminal history...

[mimi42]

Hi all.

I'm a California resident finishing my BSN in December at an out-of-state college.

I know this site is not for legal advice, but I want to know if anyone else has had a similar experience and what they are reporting to their state BoN. California is pretty vague but particular in their instructions...

On March 17, 2013 I borrowed a friend's fake ID to go out on St. Patrick's Day. I never used a fake ID before...and a lot happened that night. There was no arrest but I was issued two tickets that night at the front-door of the bar. I was given an infraction for "Possession of false identification" and a misdemeanor for "Minor in Tavern" and went home in tears.

I have NOTHING on my record, not even a traffic violation. It was very much an isolated event that I deeply deeply regret.

I received a letter from the deputy prosecuting attorney stating my Misdemeanor ticket was dismissed without prejudice and filed as the infraction charge for the fake ID.

I paid a fine for $439 and that was the end of it.

The California application by examination asks: "Have you ever been convicted of ANY offense other than a minor traffic violation?" Yes.

But then it says on a separate page, "Applicants are required under law to report all misdemeanor and felony convictions. "Driving under the influence" convictions must be reported. Convictions must be reported even if they have been adjudicated, dismissed or expunged or even if a court ordered diversion program has been completed under the Penal Code or under Article 5 of the Vehicle Code. Also, all disciplinary action against an applicant's registered nurse, practical nurse, vocational nurse or other health care related license or certificate must be reported. Also any fine, infraction, or traffic violation over $1,000.00 must be reported."

I was never convicted of a misdemeanor, or charged with it for that matter. There is no record of my misdemeanor at the courthouse when I went to get official documents of my case. I'm thinking I am not going to mention the Misdemeanor ticket. I am hoping to not disclose the infraction, since it was not over $1000. But doesn't that contradict itself?

Any thoughts? Did anyone have an infraction offense (NOT a traffic violation) of LESS than $1000 that they did not disclose to the California BoN? Were you able to test? Will my misdemeanor show up on my DOJ Background Check? I don't believe it was ever filed.

[poppycat, ADN, BSN]

I'm not sure, but I think if you paid a fine it's considered a conviction. Maybe you could call the BRN anonymously and ask.

[Meriwhen, ASN, BSN, MSN, RN]

Honestly, only the CA BRN can accurately answer this question, as they are the ones who will have the final say on licensing you. I would call or e-mail them (do it anonymously if you prefer) and ask.

Also, if you end up having to disclose it and they ask you to appear in front of them to address it, you should have a lawyer go with you. The BON is NOT the nurse's friend: they care about the safety of the public above all else. Do not fall under the delusion that all you have to do is explain it was a youthful discretion and they will smile understandingly and let it go. They may. They may not.

Best of luck.