Could my criminal history be grounds to bar me from license in California

Published

I'm currently 21 in a BSN program and have made a couple mistakes that I'm afraid will come back to bite me when I apply for licensure. At the age of 16 I was charged with driving without a license, driving without insurance, and duty upon striking a fixture. At the time I did not know how to challenge the charges so I simply pleaded guilty and received around $200 in fines that I paid in full. Then at age 19 I was charged with shoplifting a $2 item from Walmart. I agreed to sign an agreement with the judge as part of a pre-trial diversion. I was required to stay out legal trouble for 3 months as part of an unsupervised probation. I did not have any further run ins with the law during those 3 months or for the past 2 years and both cases have been dismissed. I never went to jail or was fingerprinted and my FBI rap sheet shows "no records found." Can the California BRN deny a license over dismissed traffic citations and a theft of an item that was valued at only 2 dollars? Can they find these charges if they occurred in another state and are not in the FBI's database? I'm asking for advice from someone who knows anything about the BRN in CA. I have read many threads on here of people who have had worse offenses and got approval in CA unrestricted. I have also read stories of people who made innocent mistakes, and were initially denied.

The board of nursing in Utah, for example, states that if you have formally expunged a conviction then to make sure it was forwarded to the FBI to be eliminated from the records. But in CA "expungement" is not a true expungement as it stays on record with the DOJ and FBI. Utah also gives a warning that if information from the FBI indicates I did not adequately disclose my criminal history then any license issued will be revoked. I have done a lot of research on this and it seems that every nursing board says they send your fingerprints out for a state and FBI background check. I do not think that they have the money to do extra private background checks beyond the state and FBI as the application fee they get from us is relatively small.

Honestly, I wouldn't try that. Yes, there's a chance you could get away with it...but it's more likely that you won't. You really don't know what tools the BRN has their disposal when it comes to background checks. They've got some big guns at their disposal. So the fact that it didn't turn up in YOUR search won't mean it's not going to turn up in theirs. Or perhaps they won't find it at first, but it may turn up in a later search.

It's not so much the shoplifting charge that would hold you back with the BRN--there's a lot of nurses who have theft convictions who were able to get/keep their licenses. What would be the problem is the BRN discovering on their own something that you should have told them. BRNs consider that falsification of your information, and BRNs really hate nurses that lie. The penalty for such things is usually greater than if the nurse had disclosed it in the beginning.

You could contact the BRN--do it anonymously if you prefer--and ask for more information.

If you want to take your chances and not disclose, that's up to you. I can't say I recommend it.

Best of luck whatever you decide.

Up Vote Up Vote ×

I'm currently going through something similar with the Maryland Board of Nursing. They go before the board here twice a month. So for me the 27th and the 28th is when they will make there decision for muah. I checked no when they said I should've checked yes. I checked NO because I wasn't charged it was actually thrown out of court back in 92. They said they go alllll the way back to 1978. So i went and got a disposition and carried it to them. I was trying to figure out how I was able to even take NCLEX..... but anyway they said because as finger printed they was able to see the charge even though I wasn't convicted. It wasn't even me it was someone I was with but they hauled all of us down to a holding cell. I had to give to references and write a statement about wjat happened and bring in the dssition showing it was thrown out. So I'm just waiting until the end of the month for them to make their decision.

Up Vote Up Vote ×
:wtf:
I'm currently going through something similar with the Maryland Board of Nursing. They go before the board here twice a month. So for me the 27th and the 28th is when they will make there decision for muah. I checked no when they said I should've checked yes. I checked NO because I wasn't charged it was actually thrown out of court back in 92. They said they go alllll the way back to 1978. So I went and got a disposition and carried it to them as they requested. I was trying to figure out how I was able to even take NCLEX..... but anyway they said because I was finger printed they was able to see the charge even though I wasn't convicted. It wasn't even me it was someone I was with but they hauled all of us down to a holding cell. I had to give two references and write a statement about what happened and bring in the disposition showing it was thrown out. So I'm just waiting until the end of the month for them to make their decision.
Up Vote Up Vote ×
What information the public (you) can see is different than what the Board of Nursing can see. Your $2 theft charge would not be public, but that doesn't mean the BON won't find it. If you lie, you may create an even bigger issue.

As I've mentioned, I did an FBI fingerprint criminal background check on myself and turned up nothing. The FBI provides individuals with their own Identity History Summary for personal view and it doesn't hide any information.

Up Vote Up Vote ×

Did they ask for disclosure of charges/arrests without convictions on the application?

Up Vote Up Vote ×
I'm currently going through something similar with the Maryland Board of Nursing. They go before the board here twice a month. So for me the 27th and the 28th is when they will make there decision for muah. I checked no when they said I should've checked yes. I checked NO because I wasn't charged it was actually thrown out of court back in 92. They said they go alllll the way back to 1978. So i went and got a disposition and carried it to them. I was trying to figure out how I was able to even take NCLEX..... but anyway they said because as finger printed they was able to see the charge even though I wasn't convicted. It wasn't even me it was someone I was with but they hauled all of us down to a holding cell. I had to give to references and write a statement about wjat happened and bring in the dssition showing it was thrown out. So I'm just waiting until the end of the month for them to make their decision.

http://mbon.maryland.gov/Documents/FAQs%20CHRC%2012.16.pdf

According to this link, they require you to address every "arrest, charge, and/or conviction." I currently go to college in a state where they only ask for felony convictions on an application. Because my FBI background check isn't showing any charges, I am hoping I will be fine in not disclosing my criminal history in other states when applying for endorsement.

Up Vote Up Vote ×
Specializes in Critical Care; Cardiac; Professional Development.

What are you basing your assumptions about the California BRN only using the FBI background check on? Do you have this in writing from them? Or...?

Basing your whole career on a "hope" that things won't be discovered is probably not very smart. However, you do seem determined. I am curious why you are asking this here if you already know what you plan to do? Nobody here can assure you it will all be okay. There is a very good chance it won't. California in particular seems good at finding out stuff and they are well known to be one of the harshest states for violations. Failure to disclose is looked at much more harshly than the offenses that you are stating you plan to hide.

Up Vote Up Vote ×
What are you basing your assumptions about the California BRN only using the FBI background check on? Do you have this in writing from them? Or...?

Basing your whole career on a "hope" that things won't be discovered is probably not very smart. However, you do seem determined. I am curious why you are asking this here if you already know what you plan to do? Nobody here can assure you it will all be okay. There is a very good chance it won't. California in particular seems good at finding out stuff and they are well known to be one of the harshest states for violations. Failure to disclose is looked at much more harshly than the offenses that you are stating you plan to hide.

California board of nursing uses an FBI and California DOJ background check.

http://www.healthsciences.uci.edu/nursing/docs/brn%20message%20on%20rn%20fingerprints.pdf

http://www.acnl.org/assets/docs/dec%20brn%20fingerprinting.pdf

According to their website's FAQ:

"What is my fingerprint information going to be used for?

The mission of the Board is to protect the health and safety of California healthcare consumers. Any information received from the California Department of Justice (DOJ) or the Federal Bureau of Investigation (FBI) will be reviewed on a case-by-case basis to determine if there is any cause to pursue administrative action against the license."

Also: Type of Results and Timeframes:

The Board receives various types of results from the DOJ and FBI.

Clear – A response stating no convictions have occurred or a listing of any conviction sustained.

Rejection – The Board will notify you within 14 days after a rejection of fingerprints is received from DOJ or FBI.

If initial Live Scan fingerprints do not produce clear results, you will be notified by the BRN with additional instructions to re-submit fingerprints. You will not be charged an additional DOJ and FBI fee, but may be charged the Live Scan vendor's processing fee. Please allow 2 to 4 weeks for fingerprint results to be electronically transmitted from DOJ to the BRN. Click here for a list of Live Scan locations.

Delay – A DOJ or FBI delay can vary from approximately 30 to 90 days before the Board will receive a result.

Invalid – The Board will notify you within 14 days after an invalid fingerprint notification is received from DOJ or FBI.

Fingerprint Requirement for License Renewal

What are you basing your assumption on that the California board of nursing goes above and beyond in searching criminal history? As previously noted, my charges came from out of state. In California, all misdemeanors and felonies are mandatorily fingerprinted and put on file with the CA DOJ. Even if they are "expunged", California law does not erase the record and merely changes its disposition from "conviction" to "dismissed."

Fingerprint Requirement for License Renewal

Up Vote Up Vote ×

And while I cannot say that I have writing the California BRN received a check from the FBI and CA DOJ and nothing more, I have done extensive research in the subject and have never found any indication otherwise. In fact, every state board of nursing seems to do a fingerprint-based background check through their respective state as well as FBI (except 6 states that don't dk any background check at all). They seem to be under the false assumption that an FBI background check is all-encompassing when it is not, at least not from when I personally reviewed my own FBI criminal history records. One nursing board even said, "our background check includes a state AND FBI background check. In other words, we will find arrests and charges that occured in this stste as well as other states." And on CA BRN website,

What does the Board look for on the California Department of Justice (DOJ) and/or Federal Bureau of Investigation (FBI) reports?

"The Board reviews the RAP sheets (i.e., criminal record reports) to ensure that the conviction history matches what you provided on your Report of Conviction form and to determine if the violation is related to the qualifications of a licensee.

How can you get a copy of your RAP sheet ( i.e., criminal record report)?

You may request a copy of your RAP sheet from the Department of Justice (DOJ). DOJ requires you to complete a "Record Review Process" form, complete another fingerprint card and pay a fee for processing. To obtain more information on this process, you must contact DOJ directly."

I made this post to see if anyone has any evidence that the CA BRN goes beyond a state and FBI background check, stuff that anyone can get for themselves for personal review. I simpy was correcting some responders on this thread who seem to think the board of nursing has the money, time, and resources to find out any personal dirt that has ever occurred anywhere, without any source to backup the claim. If no one can provide evidence otherwise before I put my career on the line, why would I incriminate myself if I don't have to? It would require a lot of paperwork, time, and a high probability that I get denied, even though I would have been honest. California has been known to discipline nurses harshly, if they find a conviction in their FBI and CA DOJ report.

Up Vote Up Vote ×

This is very interesting and I'm in the same boat. My felony marijuana charge/case in Oregon was dismissed due to a withheld judgement and I had my record sealed afterwards. This was 7 years ago and I live in Idaho now and about to graduate nursing school in May. It has yet to come up in any local, state, nationwide or FBI background check. I've done background checks through Health and Wealthware for CNA jobs (who do fingerprint background checks) and it was clear. I'm doing another personal FBI background check right now (the same one the BON does), sending my finger prints in tomorrow, to make sure it doesn't show up. The reason why I don't want to disclose this info is because I got a misdemeanor DUI and I don't want to have to explain both of these charges to the BON. I feel like it would make my chances slim to none with a charge of marijuana and a DUI. I think the risk is worth the reward if I don't disclose the previous charge. (I personally believe we shouldn't have to if we've gone through all the loops to get it dismissed and sealed) I know this sounds stupid, but I've worked too hard and have turned my life completely around, albeit having one stupid lapse of judgement with the DUI...

Up Vote Up Vote ×
This is very interesting and I'm in the same boat. My felony marijuana charge/case in Oregon was dismissed due to a withheld judgement and I had my record sealed afterwards. This was 7 years ago and I live in Idaho now and about to graduate nursing school in May. It has yet to come up in any local, state, nationwide or FBI background check. I've done background checks through Health and Wealthware for CNA jobs (who do fingerprint background checks) and it was clear. I'm doing another personal FBI background check right now (the same one the BON does), sending my finger prints in tomorrow, to make sure it doesn't show up. The reason why I don't want to disclose this info is because I got a misdemeanor DUI and I don't want to have to explain both of these charges to the BON. I feel like it would make my chances slim to none with a charge of marijuana and a DUI. I think the risk is worth the reward if I don't disclose the previous charge. (I personally believe we shouldn't have to if we've gone through all the loops to get it dismissed and sealed) I know this sounds stupid, but I've worked too hard and have turned my life completely around, albeit having one stupid lapse of judgement with the DUI...

The Idaho board of nursing processes background checks through the Idaho Central Criminal Database and the FBI, so you would definitely want to check what is on your record with those agencies before applying to their BON. Thanks for your input, please let me know how it works out for you.

Up Vote Up Vote ×

How old is your DUI?

Up Vote Up Vote ×
+ Join the Discussion