DUI

Is she not listing the offense?

Wow. What state are you in? In California that type of question is illegal to ask because it's discriminatory. If she hasn't done so already, I would look into getting that DUI charge expunged/dismissed, then legally she would never have to disclose it to any employer (except maybe state or federal agencies). Check with your local court system either online or in person to see what her options are. Also, in the mean time if there is a question that states: If you have ever been convicted of a crime list the date and provide a description...The best response is always to list the date and penal code for the offense only. Any further explaining should always be done in person and only when asked. Address the issue as a mistake and a life lesson and discuss what has been done since to rehabilitate and move on from it. She may even benefit from talking with a career counselor either at a college or unemployment agency to get pointers on filling out her applications and how to answer different questions both online and in person.

Yes, she states that it happened 10 yrs. ago she had a couple of drinks and drove home. It states on application that if you don't admit it and they find out, they will throw your application away so she had to say it happened.

This is in PA. she has been applying for jobs in hospitals since she graduated. It asks if you have been convicted and it also asks if you had it expunged, which she didn't. It was 10 years ago with no other offenses. We never thought that it could hurt her.

To my knowledge, in most states, you do have to list a DUI for nursing applications, if asked. In many states, it might have required her go before the BON, before getting a license. It really does not matter that it was 10 years ago. I know someone that stole around 500 dollars in her early adulthood, and 15 years later, found it keeping her from being licensed. She had to get the crime expunged and go through a lot of paperwork to be even be licensed.

I have never heard that it was illegal to be asked on a work application. But then, I have never worked in California.

For some issues, "youthful mistake" is not acceptable, especially when it comes to healthcare professionals. DUI, DWI, any legal infractions involving substance use/abuse fall into that category. I wish more young people would realize the true severity of these actions. "Mistakes" of that nature can kill or maim others and are taken very seriously in healthcare professions.

The other issue is that there is a serious oversupply of nurses. Many, many new nurses, even with spotless records are having serious difficulty finding jobs. When employees have dozens of new grad applications for one or two positions, it makes it harder to get a job.

First, it is a tough job market.

I know in California it *is* legal to ask about any past criminal convictions. If it has been expunged/dismissed then you can legally answer no to the question. (Unless state or gov agency). If it has been more than 10 years since this happened it's possible that they won't find it because many courts don't keep records that long. I would get it expunged as the other poster advised unless you are in a state that it isn't possible.

Find out the laws in your state surrounding this issue and pursue any relief that she can - she may consider moving out of state if there are better options elsewhere.

According to the California Department of Fair Employment and Housing, GENERAL questions regarding criminal history, such as "Have you ever been convicted of a crime?" are permissible and also allow applicants to omit certain marijuana related offenses and dismissed or expunged convictions. Asking specific questions can be looked at as being discriminatory, unless it is job related, such as asking if you have a clean DMV record if your position requires you to drive, etc.