Expunged charges and licensure

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I am not asking for legal advice, but I'm not sure what to do. The scbon says that if I have ever been arrested or convicted of a crime I must explain it and submit documentation. I do have a few past charges. All have been expunged. I called a court house today and they said that they have no documentation because they destroy expunged records. So what do I do?

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If you browse this board or do a search for "expunged charges", you'll see that they DO sometimes show up in background checks.

https://allnurses.com/nursing-licensure-criminal/

Proceed with extreme caution. You do NOT want to get caught lying about your past to the BON. Is it possible you could call them and ask about it anonymously?

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Specializes in School Nurse, past Med Surge.

When in doubt, say yes & send a letter of explanation. It's worse if they find something that should have been disclosed that wasn't.

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It will absolutely show on your background check when they finger print you. Do just what they ask and explain. Do you have paperwork on file in your home that proves it was expunged?

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I've read many posts in the nurses with criminal backgrounds forum which say that expunged records are not visible to potential employers, but ARE visible to the BON. These nurses got burned for "dishonesty" in not reporting their expunged convictions. I don't know if this is still the case as a general rule, but you need to find out for SURE whether or not expunged records are supposed to be disclosed in your case.

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I had the same issue. I just included an explanation that the courthouse could not provide me documentation due to the expungement. That was sufficient. My state does two background checks, a state and federal one. Neither shows any record of my arrest.

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Just be honest and include all charges...even if expunged. I went through the same thing and got licensed in GA with no problem..good luck'

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Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
When in doubt, say yes & send a letter of explanation. It's worse if they find something that should have been disclosed that wasn't.
I concur with your advice. When in doubt, honesty is the best policy.
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I just got approved by the BRN with a criminal record.

First, get a life scan report. That will show you everything that they will see. Report anything that pops up on the Life Scan Report.

You must obtain certified documents from the court for your previous convictions. If you can't do so, get a certified form from them stating they no longer have it. You must obtain police reports (not gonna happen). Again, get a certified form from them stating they no longer have it. You must show all/any proof of rehab: DUI classes, anger management classes, whatever you did (if anything). Get letter of recommendations from instructors. Write a good letter of explanation. Hire someone on Craigslist to proof read your letter and add corrections were needed. Be honest about all of your convictions when writing your letter. They don't want to hear excuses. They want you to be upfront and show that you have since grown. I will say that getting all of the required documentation is extremely time consuming. Also, look on your state's BRN website. It will tell you what you must disclose to them. Again, expungement/dismissal convictions will still show up on Life Scan reports. That is what the BRN uses so just report what shows up on your Life Scan report. Don't report anything that doesn't show up on there.

Good Luck!!!!

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

It also depends on the state. If the BON specifically states you do NOT need to report convictions which are expunged, you don't have to. Most do require that you report them, though, and will specifically state such. Be prepared to submit copies of all expungements.

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So, I think I'm good. Thanks for your responses. I wrote a letter saying I had previous convictions which were expunged and what they were for, explaining what they were for. I logged on the website yesterday and it seems everything was accepted! I'm assuming nothing actually showed on my bg check since I never heard back, but I'm glad I was honest.

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Hello,

So, if an arrest disappears on your life scan report, then I do not have to admit to it?

What I am asking is my report is the same as thier report?

Thanks yOU!

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