Criminal Record Discrimination

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Hi Everyone

A few years back something very unfortunate happened to me and I ended up being charged with a couple of things; however these charges were dropped as they found I was never involved in it.

My problem is now that I have applied for LPN school they are having a hard time accepting me because my record isn't completly clear even though all high powers that be (the JUDGE in court) ruled me innocent. (They still keep something on your record to say you were charged but they were dismissed). Apparetly this isn't good enough for the school.:angryfire

I just feel that this isn't fair and that I am being discriminated against. I would think the complete opposite if I had actual convicted charges against me but I don't!

Please help. I feel soooo frustrated and don't know where my life is going now.

Thanks.

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Specializes in Education, FP, LNC, Forensics, ED, OB.
hi everyone

a few years back something very unfortunate happened to me and i ended up being charged with a couple of things; however these charges were dropped as they found i was never involved in it.

my problem is now that i have applied for lpn school they are having a hard time accepting me because my record isn't completly clear even though all high powers that be (the judge in court) ruled me innocent. (they still keep something on your record to say you were charged but they were dismissed). apparetly this isn't good enough for the school.:angryfire

i just feel that this isn't fair and that i am being discriminated against. i would think the complete opposite if i had actual convicted charges against me but i don't!

please help. i feel soooo frustrated and don't know where my life is going now.

thanks.

so sorry about your problem. i do not mean to play devils' advocate here, but, if the charges were dropped, a judge would not have been involved.

in my state, even if you were charged, you must report this and it is up to the school and/or bon to weigh the seriousness of those charges and if you actually get into school and/or receive a license.

so, the school will not accept you? did you have a meeting with them to discuss this and give your side of the issue?

i wish you all the luck in the world.

siri, crnp, clnc, rlnc

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In a court.......innocent means.........no guilty

The school is being ridiculous. I can go file charges on any number of people for any number of things.....they will go to court and be found not guilty.

There is a very big difference between being charged and being found guilty/convicted.

You need to get a copy of the report that the school is using against you and see exactly what it says that is being misinterpreted and go from there. Don't assume you know what it SHOULD say.

After learning that information, then you must decide how to proceed.

Is getting the record expunged in order (doesn't seem right in a 'not guilty' case). In the case of 'dismissed', perhaps you do need to.

You may need to seek the advice of an attorney, but it sounds like you should be albe to make these things effectively go away.

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Actually, the more important question is whether you are eligible for licensure once you finish school (that may be part of the school's concern).

Before you spend the time and money on school, it would be a good idea to contact your state Board of Nursing, discuss your situation/record v. directly and honestly with them, provide whatever documentation they need, and get a decision from them about whether they will be willing to license you when you graduate from school. (That may help you with the school, also.)

I am not passing judgment or drawing any conclusions about your situation or your record, but the state BONs exist to protect the public, and they review each applicant for licensure who has a legal/criminal record on a case-by-case basis to determine that the person does not represent a significant risk to the public. It's not "discrimination," it's their statutory obligation and responsibility.

It is important that you be v. open and honest with the Board; whatever your situation, it will always be much worse if the Board finds out later that you were not completely honest with them -- that, by itself, can be enough to lose your license. State BONs do extensive background checks on people before they license them; many employers do criminal background checks on potential employees (my state requires it for some types of healthcare facilities), and any time you transfer your license to another state, the new state BON will do criminal background checks on you. Whatever is on your record, large or small, will continue to follow you (as a nurse) as long as its on your record, so you might as well deal with it now. It might be worth talking to an attorney about what you can do to get it cleared up.

Good luck and best wishes with your school plans -- :balloons:

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Since you are posting under the Canadian forum, I presume that is where you are a citizen of. Did you submit a copy of the documents that you were given from the court with your application? Did you even include it on your application?

I don't know the answers to the above, but if you didn't tell them about it, then it is definitely grounds not to accept you to their program.

As stated above, I also suggest that you contact the licensing board for your province and let them make a ruling before you even attempt to begin school. They are the ones that will have final say if you will be able to practice or not. No one else has that authority.

Good luck...........

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Hi Everyone

A few years back something very unfortunate happened to me and I ended up being charged with a couple of things; however these charges were dropped as they found I was never involved in it.

My problem is now that I have applied for LPN school they are having a hard time accepting me because my record isn't completly clear even though all high powers that be (the JUDGE in court) ruled me innocent. (They still keep something on your record to say you were charged but they were dismissed). Apparetly this isn't good enough for the school.:angryfire

I just feel that this isn't fair and that I am being discriminated against. I would think the complete opposite if I had actual convicted charges against me but I don't!

Please help. I feel soooo frustrated and don't know where my life is going now.

Thanks.

Just a thought - how about hiring a lawyer and pursuing expungement?

I didnt know a history prevented you from attending classes - but it will come back to haunt you when you apply for a license with the BON and you will also need to declare this on applications. I think the applications state "were you ever charged..." this means even if you werent found guilty you would need to state this. All jobs do criminal record checks that I know of.

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I think the concerns are being raised now because you will need a clear criminal records check before you can go on practicuums. It's all to do with the care of children, the elderly, and the "at risk" populations.

From personal experience, I know that you require a clear police check to be able to obtain your license in BC from CLPNBC. In Alberta, you require a criminal records check to be clear each time you change employers.

Your best bet is to call the CLPN in your province and find out what their requirements are.

Hope that this is of some use.

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I think it depends on the nature of what you where charged with. If it is drug or assualt - assualt with weapon - it would be a problem - but disputes, loud even indecent behavior I can't see how that would be a problem.... most places your record is erased.... but that information that you where charged and the charges dropped is inside information for the police not something that is on your clearence..

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I think it depends on the nature of what you where charged with. If it is drug or assualt - assualt with weapon - it would be a problem - but disputes, loud even indecent behavior I can't see how that would be a problem.... most places your record is erased.... but that information that you where charged and the charges dropped is inside information for the police not something that is on your clearence..

I just wanted to thank everyone who has written and replied with help. This has always been my life long dream and now I think it is hopeless and that I will never be accepted.

I spoke to a lawyer and he said that that information about the dropped charges should have never been released however the schools form does say anything including stayed, dropped, etc. charges need to be notified.

Well I guess I will still be on the website with my finger crossed living through you LPN's.

Thanks again.:zzzzz

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don't give up. I just found out (1 year after graduation) that a girl in my class is finally being allowed to test and she had a 10 yr conviction on her record. she went to the board and fought her case, point being she never gave up, and they are finally allowing her to test. she did what ever it took to make her dream come true. If u just give up because "the board or school said so" then it will never happen. Goodluck to u.

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I am in the same boat, kinda.

I have been an LPN for years. I recently aplplied for my RN license after passing the NCLEX, and guess what...

A marijuanna case from 10 years ago was found even though the case was dismissed AND expunged.

I didn't confess to it on my aplication b/c I was never CONVICTED, which is the word that the RN application used. I also didn't put it down b/c I have been an LPN, and b/c I had it expunged.

I talked to my BON and they told me they are in the process of sending me a "intent to deny" letter. I now have a lawyer, and he is not happy.

we'll see.

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