criminal background check

llg, PhD, RN · Mar 27, 2006

If you want to be a nurse, then do what the Board of Nursing tells you to do. It would be a shame to go through all the education, etc. only to find out that you could not be licensed, which I seriously doubt is the case. It sounds as if your previous record is a minor one that will probably be acceptible to them -- but you will never know if you don't follow through.

Also be prepared for similar questions when you apply for jobs. Many employers do criminal background checks and you may be asked to submit copies of the court records and writen documentation to employers.

The mistakes we make in our pasts stay with us. We have to answer for them, sometimes repeatedly for many years. In your case, I suspect that it won't be a serious hindrance to your career -- but you will have to explain that positive criminal record.

llg

pixie-dust37 · Mar 27, 2006

Thanks for your reply. That makes me feel a little better.

pixie-dust37 · Mar 27, 2006

Sorry, I just wanted to bump this up. I'm really freaking out over this whole thing.

Thanks

Septic Boy · Apr 7, 2006

So now I have this misdemeanor (sp?) on my criminal record. On the paperwork I have it says "withhold adjudication", and I can say that I was never "convicted" of any crime. But, when I called the board of nursing, they told me that it would show up and I would need to write a letter of explanation and send the court documents with it. The lady I talked to on the phone told me that since it was 12 years ago, and a misdemeanor, that that was on my side.
I just don't know if I should go through all of this, just to find out that I cannot be licensed. Has anyone ever whent through this procedure before? Or know how they work? She did also tell me that they have seen cases like this before.

Disclaimer: This is not legal advice.

You post is confusing. You say you have a misdemeanor on your record but weren't convicted. This can't be. If you aren't convicted , you dont have a conviction record, but there is record of an arrest. Two different things. Please clafify this.

I went through this stress myself the last couple of weeks and gave up on it. I was freaking because I was arrested as a teenager (over 20 years ago), but was never convicted. The police made me go to counseling with my parents and I never was referred to juvenile court. End of story. The board person I talked to said I did not have to report this since it wasn't a court order diversion program so I rightfuly put NO on my application. She initially told me the same thing as you but once I explained it further, she changed her mind and said no.

The boards basically decide what they want because none of them are lawyers and you get a different answer depending on the day you call.

Each state boards have different questions to this infamous question on the application. In California they want to know if you were CONVICTED of a felony or misdemeanor AND also if placed in a a court order diversion program. This includes drunk driving of course. If you record has a misdeamenor on it then you do have a criminal record and must report it. If you have been arrested and NOT convicted or placed in a court diversion program you dont have to report. OF course the Calif Board doesn't bother to tell you if juvenile and adult diversion progams are the same thing (which they are not).

You need to go the the state you are in and look carefully at what they are asking. It is simple. Do the following:

1) Read the question about this VERY carefully on the application. Does it say convictions? IF so what type and what clauses come with it like diversion programs. Some may say ARREST, and if that is the case you have to disclose ALOT more.

2) Quit stressing and just do a FBI of DOJ criminal background check on yourself and see what comes up.

3) Was this as a juvenile or adult. Most juvenile information won't show up on an FBI background check if older than 7 years unless a serious offense.

4) Again, talk to the boards and get a clear answer. First READ the question on the application carefully. If they say you must report it (again) then do so. The WORSE thing to do is to blatantly LIE on the application.

pixie-dust37 · Apr 11, 2006

I know this sounds confusing, it is for me too. Ok, I do have an arrest record because I was arrested. But because it says "Withhold Adjudication", I was told that I do not have to answer "yes" to a conviction question. In other words, I am able to say that I have never been "convicted" of a crime.

This is from the State of Florida, and I have found out that this "Withhold adjudication" is something that they use frequently for first time offenders.

I wouldn't dream of lieing on an application, so I called the BON and they told me to fill out a declatory order and submit it with all the proper paperwork. But the problem with that is, it takes 3-6 months for an answer. The lady I talked to on the phone at the board also told me that the arrest would show up and that I needed to do this.

So, I don't know, this is all so scary. To think that they may turn me down. I guess I'll just have to wait and see.

Thanks for all of your info. it helped alot.

RNin2007 · Apr 11, 2006

Well, I'm pretty embarrassed to ask any of you this, but I was wondering if anyone ever had to write the board of nursing a letter regarding a criminal background check.
First of all, I am currently taking pre-req's for the nursing program. In 1994 I was in an abusive relationship with an alcoholic and one night things got out of hand with him and I called 911. I did hit him back that night, and was arrested for domestic violence because they told me that even though I was the one to call 911, since they had to come out, we were both going to jail.
So now I have this misdemeanor (sp?) on my criminal record. On the paperwork I have it says "withhold adjudication", and I can say that I was never "convicted" of any crime. But, when I called the board of nursing, they told me that it would show up and I would need to write a letter of explanation and send the court documents with it. The lady I talked to on the phone told me that since it was 12 years ago, and a misdemeanor, that that was on my side.
I just don't know if I should go through all of this, just to find out that I cannot be licensed. Has anyone ever whent through this procedure before? Or know how they work? She did also tell me that they have seen cases like this before.
I'm not trying by any means to make myself sound better by saying that I have never before or after had any criminal trouble. I wonder if that makes a difference.
Well, if there is anyone who can possibly help me with this, I would truely appreciate it.
Thanks
I just wanted to add that when I sent for some info. regarding this case back in 2000, what they sent back to me said, "battery" on it. Gosh, that sounds horrible. But since it was a "domestic violence" case, I cannot even get it expunged because of laws on that.

Trust me, it is worth checking out...don't lose hope! I have a friend, with 9 felonies, drug related, battery, etc. and the boards liscenced her with her CNA (she was working toward NS and they knew it). She took the time to show her interest and plead her case with the board...and they saw her sincerity. It had been only 6 years for her. If you are honest that is what counts.

~J

Fun2, BSN, RN · Apr 11, 2006

Please continue on with your education until you hear from the BON.

Be honest, and explain your situation as clearly and as accurately as possible, and send your documentation to back up your story.

When you get your decision back from the BON, you will not be behind on your studies if they say they will allow your license to go through.

If they say no, then you are only smarter, and I'm sure most of your classes can be applied to another major.

First things first, find out what the BON says before you give up! :) Good luck!!!!

pixie-dust37 · Apr 13, 2006

Thanks everyone for the replies. I was thinking about other programs at my school, if the board doesn't license me. I hate to waste all of that money and time and not get anything for it. I could still apply my classes to the Respiratory program. At least I will get some kind of degree.

Does anyone know if the Respiratory field is as strict as nursing, as far as the background check goes? I've heard that the nursing board is stricter than others.

Thanks again for any replies.

Septic Boy · Apr 14, 2006

Thanks everyone for the replies. I was thinking about other programs at my school, if the board doesn't license me. I hate to waste all of that money and time and not get anything for it. I could still apply my classes to the Respiratory program. At least I will get some kind of degree.
Does anyone know if the Respiratory field is as strict as nursing, as far as the background check goes? I've heard that the nursing board is stricter than others.
Thanks again for any replies.

I have an RCP license in CA. I do not know what Florida asks for. The RC Board asked not only for "convictions" but ALSO arrests, so the RCP in CA actually asked more than the Nursing board :uhoh3: (I am applying for nursing license right now). In fact there a couple of things I don't have to report to the nursing board I had to for the RC boards (pertaining to arrests even though I was not convicted or were in a court ordered diversion program). Guess what? I reported it and got my license and never looked back. Just be honest and report what you HAVE to report (i.e., make sure to read all questions pertaining to this carefully).

However I am thinking you are selling yourself short.

Again, what EXACTLY was the charge/conviction you have on your record. If you do not know go to the Court you appeared or your rap sheet from the DoJ and see what it says. Also talk to the Nursing Board and asked them your chances after telling them your story.

LoriAlabamaRN · Apr 14, 2006

From the information you have given, I sincerely doubt there will be a problem obtaining your license. I have known of many people with past offenses who have not had a problem once they provide the required documentation to the BON. Good luck!

pixie-dust37 · Apr 14, 2006

Well after reading everyone's replies, I think I'll just take my chances and send the board ALL of the information they need and my letter of explaination. When I hear about other people who have had arrests and such, I don't feel so bad. And they got licensed. I sent off for the certified paperwork from the courts and haven't received it yet. I guess it takes a while. Then I wait, wait, wait.

Thanks again for all of your replies, it helped alot.