Can you get into Nursing School with an "Expunged" criminal record in California?

Nurses Criminal

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Hi,

Right now I am currently enrolled in a 4-year UC (University of California). I am just about to start my 3rd year. However, at the beginning of this year (2013), I was arrested and convicted for a sex crime against a minor [P.C. 288a(b)(1)]. I realize that even if your record is expunged, you must still disclose everything to the BON when applying to take the state license test.

By the time I graduate from my UC, it will have been about 2.5 years since my conviction, and since I have NEVER had any criminal record before, my lawyer says an expungement will be easy.

I realize that the MAIN concern for Nursing Practices is the safety of CHILDREN and the elderly, so I am aware that it will be tough to obtain a state license if and when that time comes. However, my main question is, will Nursing SCHOOLS/COLLEGES accept students with an EXPUNGED crime? I am aware they can deny you based on criminal charges, but an expunged crime is different right? This question is for people of CALIFORNIA. (P.C. 1203.4)

The reason I'm asking is because I'm still an undergraduate, and I do not want to remain as a Pre-Nursing major, and then later find out I will not be able to get into Nursing school.

A little bit of background about my crime:

When I was 18 year old, I had a 14 year old girlfriend. We dated for 1.5 years. Her mother knew we were seeing each other, it was not a secret. During the relationship, we were kind of wild and doing things because we were young. At the time, I just turned 20 and she was 15, we were caught by Law Enforcement in my car while doing, the stated above, sexual act.

I am not some "weird child molester" looking to prey on children or anything like that. I just really liked the girl and made a bad choice of not waiting engage in those sexual acts.

Thank you in advanced for any advice. If there is any other information I can offer to help you better answer my question, please don't hesitate to ask.

PS: Are there any Nursing School in California that will accept students even with a criminal record (Not expunged)?

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That one will be tough. Best to speak to an attorney and the BON.

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Okay. Thank you for your honesty!

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Specializes in Nephrology, Cardiology, ER, ICU.

moved to nursing licensure with criminal hx forum.

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@TraumaRUs: Are you telling me to do that, or have you already moved this to another forum? Could you direct me to where you moved my question? Thank you.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

once you post you are already in the new forum we move the whole thread.

I think you also need to consider that even though a program may accept you will the BON let you hold a license. I think you need to get an attorney familiar with the BON and licensing issues for even expunged records are reported to the board....since this is a crime of a sexual nature with a minor...I feel this is going to be a difficult process....even if it was consensual. Yo can get through school and be denied by the board to sit for the exam. Get legal advice.

Nothing is impossible...but are you ready to battle?

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Specializes in Gerontological, cardiac, med-surg, peds.

In our nursing program, you have to pass a criminal background check, or our hosting clinical agencies will not let you practice as a nursing student in any of their units.

You really need to go talk with the admissions counselor at your prospective school of nursing. With your background, he/she could let you know what your prospects are in their program.

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Specializes in NICU, ICU, PICU, Academia.

I think you face three separate and distinct hurdles:

1 ) The school

2) The host (clinical facilities) - because even if your SCHOOL accepts you, the host facility is a free agent and can deny you clinical space.

3 ) The BON

Any one of the thee can bring your budding career to a screeching halt. To be blunt: If I am any of the three, I deny you.

Unfair? Maybe.

*Caveat: My son's closest friend in the world is sitting in a jail cell right now for this very offense. Except he and the girl attempted to run away- and since they crossed state lines- he also carries a federal kidnapping charge. No bail.

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Specializes in Psych ICU, addictions.

You will have to inquire at the nursing schools you are interested in, as each nursing school--and their clinical sites--has their own criteria.

If you have any questions about how to fill out the nursing school application, you will have to ask the school and/or a lawyer for guidance as we can't give legal advice.

To be honest, your biggest worry is the BON. BONs review criminal applicants on a case-by-case basis, and being accepted by a nursing school doesn't mean the BON will rubber-stamp your application and give you a license...especially since, as you've already mentioned, you'll have to disclose the expunged charges, something that you may or may not have to do when applying to schools. BONs don't care how many years you spent in school or how much money you dropped for the program. BONs decide whatever THEY think is best.

So you'd be taking a gamble: you could end up completing school just to find the BON slamming the door in your face.

You could ask the BON what they thought of your record (do it anonymously if you prefer); however, don't expect a definite Yay or Nay until you actually apply for licensure.

Best of luck whatever you decide.

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@Esme12: Yes I heard that even if you complete nursing school you may not even be able to take the state exam. I also realize that yes, with the crime being sexual and against a minor, it is a very steep hill, even if consensual. I agree that nothing is impossible, and I do really want to pursue a career in nursing, but I do not have the financial luxury to be able to afford a high quality attorney or anything like that. I really only want to give this career a try if I have AT LEAST a 50% chance at succeeding because I cannot afford to take out student loans and be in so much debt with nothing to show for it.

@VickyRN: In your nursing program, have you ever known someone with a criminal background, as serious as mine or at all, who has been admitted to your school and been able to take the test?

@Meanmaryjean: I appreciate you being blunt. I'd rather have it straight forward than seeing things on the optimistic side. When you say "If I am any of the three, I deny you" does this mean you're someone in power who makes these kind of decisions? If so, do you know of any places that will not "automatically" deny me?

Also, I feel your son's closest friend's pain, and am very sorry that he is in a worse position than I. I hope all gets better for him.

@Meriwhen: I understand everything that you have just mentioned. When asking the BON, if I choose to, does it matter if I ask anonymously? I mean, if I give them all my information, it's not like they are going to store it there for when I try to applying for a license right? Or is there some advantage for me to remain anonymous?

TO ALL:

Do any of you know of Nursing Schools in California, preferably near Sacramento, that are KNOWN to accept students with criminal records (whether they be expunged or not)?

For those of you in positions of power regarding Nursing Schools, have you known people to have criminal records as serious as mine and still have been successful (whether it be only getting into nursing school and/or qualifying to take the state license exam)?

Thank you all very much for your time. I realize that I made a mistake and that this career will be difficult to pursue with a "sex crime against a minor", despite how low of severity the crime was for me personally. Any and all advice is strongly welcomed and I'd much rather you be VERY blunt and honest with me than sugarcoating things that may cause me problems in the future. Thank you for all your advice.

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Specializes in NICU, ICU, PICU, Academia.

OP: As you appreciated my bluntness (which is mature of you) let me add this:

Legally, there is no such thing as 'consensual sex' with a minor.

I am not in a position to make these decisions, nor am I in California, but I think your chances of becoming a nurse are very, very slender- even with expungement.

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Specializes in Psych ICU, addictions.

I suppose it doesn't really matter whether you choose to contact the BON anonymously, as ultimately they're going to find out when you apply. But some people feel more comfortable approaching the BON anonymously at first. I know I did.

To go back to your question...even if I did know of a school that would accept expunged records, it's still no guarantee that they'd take you. Consider that school's clinical sites often change and you have to pass their background checks in order to do clinicals there. Federal facilities often require disclosure or can see the expungement, so if you have clinicals at a VA they'll end up knowing about it.

Also, I'm no lawyer, but keep in mind that expungement doesn't fully erase the crime from your record: for example, the arrest may still appear on a background check. So your crime may not become as invisible as you'd like it to be. You will need to ask your lawyer for further guidance as to what will and won't appear on your record when a conviction is expunged, as well as on how to answer questions on applications regarding arrests and convictions.

I'm not passing judgment on what you did, but you did pick a doozy of a crime to have on your record, and it's going to be hard to overcome. I do wish you the best of luck.

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