Employer Discovered Misdemeanor Charges

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Hello Nurse Beth,

I graduated with a BSN in May and am currently job hunting. In 2002, at age 20, I was arrested for underage drinking, possession of marijuana, and having a friend's ID. These are all misdemeanor charges and the final disposition is "adjudication withheld". So not a conviction, but not a dismissal either. My question is, how do I approach this with potential employers?

I recently received a job offer, but the employer is on the fence about rescinding it because of the marijuana charge and that I did not inform them (I didn't because I was not convicted, but clearly the charges are visible on a background check). I haven't had as much as a traffic citation in 15 years. Thank you for your help!

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Dear How to Approach,

Congrats on graduating with your BSN!

Underage drinking, possession of marijuana, holding a fake ID or a friend's ID are all not uncommon youthful offenses, and for you, they all happened quite some time ago. 

The thing is, nurses are held to a higher standard and expectations, and youthful transgressions can come back to bite you.

You obviously passed the BON background check, which is an FBI level check, by answering honestly. 

If an employer asks "Were you ever convicted (arrested, charged)?" now you've learned they will not look kindly on an applicant answering "No" when in fact they were.  I think you've answered your own question ?. It's true that not all employers conduct background checks, but the risk is always there. You gambled and lost.

What you could do is consult with an attorney to see about getting your charges expunged, and if that would conceal them from employer-level background checks.

Employers typically do not conduct FBI level background checks which are conducted for public safety and do reveal all violations, including expunged charges.

There's a good forum here- License with Criminal Charges where you may find other nurses with the same experience.

Best wishes, my friend. Hopefully this is just a hiccup in your new career journey.

Nurse Beth

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