Criminal charge before taking taking the NCLEX-will I be able to test?

[Nurse Beth, MSN]

It depends. 

Successfully completing an approved nursing program is one requirement for eligibility to take the National Council Licensure Examination for Practical Nurses (NCLEX-PN) or receive an Authorization to Test (ATT). Another requirement is passing the background check.

Whether or not someone with a criminal charge can take the NCLEX-PN depends on several factors, including the nature of the criminal charge, the regulations of your state's nursing board, and the policies of the community college's nursing program.

Here's a general outline of the considerations and steps you should take:

• Nature of the criminal charge. The type and severity of the criminal charge can significantly impact eligibility. For instance, minor infractions or misdemeanors may be viewed differently than felonies or charges related to moral turpitude.
• State nursing board regulations. Each state has its own regulatory body overseeing LPN licensure with specific regulations regarding criminal history. Most regulatory bodies require applicants to disclose any criminal history and may require additional documentation, such as court records, a personal statement, and possibly a hearing before the Board.
• Background check. A background check is part of the application process for the NCLEX-PN. Any criminal charges will be flagged during this check.
• Program policies. The community college's nursing program may have its policies regarding criminal charges. It's essential to check with the program's administration to understand their stance and any steps they recommend.

Steps to Take

• Contact your state's LPN regulatory body to inquire about their policies concerning criminal charges. Given your circumstances, they can provide specific guidance on how to proceed with your application.
• Legal Advice. Consider seeking legal advice to understand your charge's implications and help navigate the process of disclosing your criminal history. Be sure to use an attorney with LPN regulatory experience in your state. You can find an attorney at the American Association of Nurse Attorneys.
• Disclosure. Be prepared to fully disclose your criminal charge when applying for your license. Transparency is crucial, and failing to disclose information can result in further complications.
• Documentation. Gather all relevant documentation related to your charge, including court records and any evidence of rehabilitation or mitigating circumstances.
• Personal statement. Be prepared to write a personal statement explaining the circumstances of your charge, what you have done since then to rehabilitate yourself, and why you believe you should be granted the opportunity to take the licensing exam. Read Criminal Infraction? Writing a Letter of Explanation to the Board
• Program director. Speak with the director of your nursing program for advice and support. Be frank. They may have experience helping students in similar situations and can provide guidance. Your program director influences such matters. 

While a criminal charge can complicate becoming an LPN, it does not necessarily disqualify you. Each case is evaluated individually, and many boards of nursing are willing to consider evidence of rehabilitation and positive changes since the incident. It depends on your state and a lot on whether your criminal act could be seen as endangering the safety of the public or your patients.

Other Reading

How do I write a personal letter to the Board?

Bad Attorney Advice Regarding BON Investigation

 

Very best wishes, I know this is incredibly stressful.

Nurse Beth