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)?
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Your crime was this year.....do you have to register as a sex offender? menmaryjean if right...there is no consensual sex with a minor....period. This is just an unfortunate situation for all involved.
while the program might admit you it will be highly unlikely that you will be allowed on site with children present and it is unlikely the board will allow you to sit for licensure at least for the time being. They are a case by case basis and you can't petition until you are ready to sit for the exam or apply for school....Odds are......this conviction has changed the course of your life....I am so sorry. This is one subject they are not very flexible on....have stranger things happened? May be ....is it likely? Probably not....only time will tell and without an attorney.....your chances are even slimmer.
This may just be impossible right now...your crime/conviction is too recent. You may have to realize that his is a part of your sentence.....I wish you the best.
I have a close relative who was manipulated into a sexual relationship with a 35 year old man when she was 14.
A 14 year old can not consent and it's imperative for the adult in the "relationship" to extricate themselves until such time that the minor is of consenting age.
If the mother was aware of & didn't disapprove, who pressed the charges?
If the mother was aware of & didn't disapprove, who pressed the charges?
Contrary to popular belief, individuals can't press charges; they can file a complaint with the police/law enforcement but they can't force charges. It's up to the DA to evaluate the evidence in the matter and decide if they want to pursue any charges. In this case, they did.
Contrary to popular belief, individuals can't press charges; they can file a complaint with the police/law enforcement but they can't force charges. It's up to the DA to evaluate the evidence in the matter and decide if they want to pursue any charges. In this case, they did.
Thank you. That's what I meant though. Who reported him for it to even open the investigation?
@Meanmaryjean: Yes I understand there is no "legal" consensual sex with a minor. What I meant by that was, my punishment and case was probably the least horrible case of that kind that they've seen. In other words, the age difference was only 5 year difference which isn't much compared the psychos out there. Also it wasn't forced or a take advantage kind of situation. That's what I meant; nonetheless, I realize there is no excuse regardless and I appreciate your opinion.
@Meriwhen: I am fully aware of what an expunged does and does not do so I completely agree with your response. However, there are labor codes which PROHIBIT and make it ILLEGAL to discriminate against someone based on an expunged crime. However, that statute is SOLELY based on EMPLOYMENT and NOT Nursing School admission or getting a license. My point being, I completely understand what you're saying as I have already read the statutes. And I agree, it is definitely a "doozy of a crime". I won't say I regret being with the girl because I truly did care about her; what I regret was breaking the law by not waiting to conduct in sex at a legal point in time. Thank you for your opinion and explanations.
@Esme12: My crime was, literally, at the very beginning of this year (2013). I did NOT have to register as a sex offender, NOR take any sex offender classes. Currently I am on formal probation, supposed to be for 5 years but the DA in charge of my case lowered it to 3 years, so that I can terminate my probation and get an expungement at halftime (1.5 years) so that when I am close to graduating, my crime will not hinder me as much (which was very kind of her, despite her prosecuting me). And I understand what you're saying about the "no consensual sex with a minor", but you are mistaking the context I said it in. I meant it in the way that it wasn't like "forced rape" or aggravated or against her will kind of thing. Nonetheless, I completely understand what you are saying and the point you're making. By the time I graduate, it will have been AT LEAST 2 years since my conviction and my crime should be expunged (even though it won't be erased, an expungement looks better than a conviction). But thank you very much for your honesty. I realize this problem has probably put a stop to any high paying career for my future.
@Dansamy: I am very sorry that your relative was manipulated like that, especially by someone who was 20+ years older, that is actually quite disgusting... Also, as I stated in my original post, we were caught in the act by the police. We were very impulsive in our relationship, so we were in my car doing the sexual act, and the police caught us.
@Meriwhen: You are quite well informed on the law. You are exactly correct in this statement.
TO ALL:
Again thank you all for your time and advice. For future posts, I am well aware there is no such thing as "consensual" sex with a MINOR. When I said consensual, I meant it in a way such that I did not force her nor manipulate her. We were just very impulsive in our relationship. Her mother knew we were seeing each other (seeing each other, not doing sexual things), let us go on dates, and we dated for a decent amount of time (1.5 years). That being said, I know that I am still in the wrong. I am not trying to plead my case or say that I was falsely accused or that I am not at fault, I know that I am at fault and that it was not the best choice that we made. I am just trying to see if I have a decent chance at becoming at Nurse. I am trying to get a feel of how the Dean of Nursing and the BON will feel towards my case. So thank you all for everything.
Again, if any of you know of ANY nursing schools that have been known to accept students with criminal convictions (expunged or not), please let me know. Also if any of you know of any people or friends who've had the same charge or a sexual charge against them and still tried for nursing school, please let me know how it turned out for them. I appreciate all of your HONESTY and BLUNTNESS.
@Meriwhen: I am fully aware of what an expunged does and does not do so I completely agree with your response. However, there are labor codes which PROHIBIT and make it ILLEGAL to discriminate against someone based on an expunged crime. However, that statute is SOLELY based on EMPLOYMENT and NOT Nursing School admission or getting a license. My point being, I completely understand what you're saying as I have already read the statutes. And I agree, it is definitely a "doozy of a crime". I won't say I regret being with the girl because I truly did care about her; what I regret was breaking the law by not waiting to conduct in sex at a legal point in time. Thank you for your opinion and explanations.
You're right about the codes. However, the hard reality is that any employer can pass you over saying, "we found a candidate that was a better fit" and it'd be on you to prove that they did in fact discriminate against you based on an expunged record. Unfortunately, that's far easier said than done, and the burden of proof would solely rest upon you. Hopefully that won't be the case...but as you've seen from some of the responses here, your record isn't always going to go over well with employers, codes or otherwise.
@Meriwhen: You are quite well informed on the law. You are exactly correct in this statement.
Eh, I read a lot.
However I am not a lawyer, nor can I (or AN period) give anyone legal advice.
Also if any of you know of any people or friends who've had the same charge or a sexual charge against them and still tried for nursing school, please let me know how it turned out for them.
Don't know anyone who had a underage sex charge become a nurse, and unfortunately the cards are stacked against you. Nursing schools have tons of applicants to chose from, most of them without the baggage that you bring.
Also, I would talk to an attorney who is versed in California code to determine if your conviction is an automatic disqualifier for working in nursing facilities, because this may also apply to clinical sites. Because it doesn't matter how easy your attorney may claim an expungement is to get: until you actually get your record expunged, you will have to deal with it.
Just as everyone says, there will be several hurdles to overcome. Not quite the same situation, but I have a misdemeanor from 15 years ago (it was sealed a year after the incident occurred). I did tell two of the programs I applied to what happened, and they still accepted me. When it came for me to apply for my license, however, I sought the advice of a licensing attorney. She told me that because it was so long ago, that was the biggest thing in my favor. I am no attorney, but I think because your situation happened so recently, that may be an issue.
Crimes involving minors/children are pretty serious in the eyes of those in higher places. You could try and explain your situation (the BRN does make decisions on a case-by-case basis), but again, it is really hard to tell. You could get through school and get through your clinicals and then run into the BRN wall.
I advise you seek the counsel of an attorney. It will cost some money, but if you really want to become a nurse, then it will be an investment and something you will take to heart. Good luck!
Ok so I didn't read what others are posting... Just the main post. But I remember a case like this when I was in nursing school. I was with my DON in her office and one of the student came up and asked her a question about her friend who wanted to do nursing but he have a record and its expunge and same case as u. Sex with a minor and they were a couple etc. I don't know the whole story but anyways the DON told her that expunge means your innocent (something like that, just to break it down for that student) and all he needs to do is write a letter to the BON and explain what had happened. Because what the BON is really concern about drug abuse and domestic violence etc, and I know two students in the program who had DUI and the school let them in.... But with the broad of nursing they had to deal with them...but in the end they get to take their broads.
The BRN has a lot of jurisdictional power (and the ability to overrule decisions made in other courts). You may want to get an attorney who specializes in issues related to the California Nurse Practice Act.
Esme12, ASN, BSN, RN
20,908 Posts
Your crime was this year.....do you have to register as a sex offender? menmaryjean if right...there is no consensual sex with a minor....period. This is just an unfortunate situation for all involved.
while the program might admit you it will be highly unlikely that you will be allowed on site with children present and it is unlikely the board will allow you to sit for licensure at least for the time being. They are a case by case basis and you can't petition until you are ready to sit for the exam or apply for school....Odds are......this conviction has changed the course of your life....I am so sorry. This is one subject they are not very flexible on....have stranger things happened? May be ....is it likely? Probably not....only time will tell and without an attorney.....your chances are even slimmer.
This may just be impossible right now...your crime/conviction is too recent. You may have to realize that his is a part of your sentence.....I wish you the best.