Expungement

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Even if your record has been expunged, does this mean that you still have to tell the truth in regards to your conviction, no matter what, and should I tell my nursing school that I did have a record first?

Specializes in Critical Care.

Expunged means it never happened. Even if the board wants to know, it's not entitled to know.I wouldn't mention it to the BON and I wouldn't worry about it 'showing' up on your background check.

IF they find something out in a background check, then it would be a mistake by whatever reporting agency told them. You can truthfully say that you didn't lie; it's a mistake on your record and you will see to it that that mistake is corrected. Then call the Courthouse where you had your record expunged and ask them to re-notify all reporting agencies about your expungement.

Bottom line, by LAW, You don't have to address an issue that doesn't require being addressed.

Expungement means it never happened.

If your arrest never happened, then were you arrested? Quite simply, no.

As far as others looking down on you: I'd never mention it to anybody - it's not their business.

If your BON finds about about the issue, you are on the legal high ground by claiming that you were not required to disclose.

~faith,

Timothy.

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Specializes in Nursing Assistant/ Army Medic, LVN.
Expunged means it never happened. Even if the board wants to know, it's not entitled to know.I wouldn't mention it to the BON and I wouldn't worry about it 'showing' up on your background check.

IF they find something out in a background check, then it would be a mistake by whatever reporting agency told them. You can truthfully say that you didn't lie; it's a mistake on your record and you will see to it that that mistake is corrected. Then call the Courthouse where you had your record expunged and ask them to re-notify all reporting agencies about your expungement.

Bottom line, by LAW, You don't have to address an issue that doesn't require being addressed.

Expungement means it never happened.

If your arrest never happened, then were you arrested? Quite simply, no.

As far as others looking down on you: I'd never mention it to anybody - it's not their business.

If your BON finds about about the issue, you are on the legal high ground by claiming that you were not required to disclose.

~faith,

Timothy.

I very much agree with this poster. The only other thing I would add is that you can obtain your own criminal record via the local Sheriff's Dept.

They get $20-30 for the paperwork fee ( :angryfire ), but you will be able to tell from that what anyone else can see. If you don't see it on there, neither will they. (No matter how hard they try to tell you otherwise)

Good luck!!

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Expunged means it never happened. Even if the board wants to know, it's not entitled to know.I wouldn't mention it to the BON and I wouldn't worry about it 'showing' up on your background check.

IF they find something out in a background check, then it would be a mistake by whatever reporting agency told them. You can truthfully say that you didn't lie; it's a mistake on your record and you will see to it that that mistake is corrected. Then call the Courthouse where you had your record expunged and ask them to re-notify all reporting agencies about your expungement.

Bottom line, by LAW, You don't have to address an issue that doesn't require being addressed.

Expungement means it never happened.

If your arrest never happened, then were you arrested? Quite simply, no.

As far as others looking down on you: I'd never mention it to anybody - it's not their business.

If your BON finds about about the issue, you are on the legal high ground by claiming that you were not required to disclose.

~faith,

Timothy.

WRONG WRONG WRONG

You should know that even if your criminal record is eventually expunged, you will, most likely, still be required to answer questions about convictions on your license application. The only benefit that expungement confers is privacy... your record is no longer part of a state database (but even then, your arrest record might still be part of your state's system, but that's another story). Expungement doesn't relieve you of the duty to answer truthfully about convictions. You can lie, and you might never be caught, but if you are, you will likely lose your license due to your failure to answer truthfully. What are the chances of a record being found by a background check, despite expungement? Small, but not small enough to be written off.

If your conviction was related to abuse of a minor, or an elderly person, or someone you had charge of, you will have a lot of explaining to do in the form of a meeting with the state board. If your conviction involved the use of a controlled substance, ditto. If your conviction involved something unrelated to the practice of nursing, you likely will not be denied a license. I recommend you seek legal counsel, and not rely on opinions here. It's never smart to fly by the seat of your pants. I've been a lawyer for 20+ years, and this issue has come up in my practice in connection with future lawyers who are applying for admission to the bar. State bars do a VERY thorough background check, and can often find records despite expungement. Bar applications (like applications for nursing licenses) require the applicant to answer questions about convictions, regardless of expungment. Applications are signed under penalty of perjury. It's never a good idea to lie on an application for a license. You can explain away a conviction. You will not be able to explain away your perjury.

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WRONG WRONG WRONG

You should know that even if your criminal record is eventually expunged, you will, most likely, still be required to answer questions about convictions on your license application. The only benefit that expungement confers is privacy... your record is no longer part of a state database (but even then, your arrest record might still be part of your state's system, but that's another story). Expungement doesn't relieve you of the duty to answer truthfully about convictions. You can lie, and you might never be caught, but if you are, you will likely lose your license due to your failure to answer truthfully. What are the chances of a record being found by a background check, despite expungement? Small, but not small enough to be written off.

If your conviction was related to abuse of a minor, or an elderly person, or someone you had charge of, you will have a lot of explaining to do in the form of a meeting with the state board. If your conviction involved the use of a controlled substance, ditto. If your conviction involved something unrelated to the practice of nursing, you likely will not be denied a license. I recommend you seek legal counsel, and not rely on opinions here. It's never smart to fly by the seat of your pants. I've been a lawyer for 20+ years, and this issue has come up in my practice in connection with future lawyers who are applying for admission to the bar. State bars do a VERY thorough background check, and can often find records despite expungement. Bar applications (like applications for nursing licenses) require the applicant to answer questions about convictions, regardless of expungment. Applications are signed under penalty of perjury. It's never a good idea to lie on an application for a license. You can explain away a conviction. You will not be able to explain away your perjury.

I'm just going by what the State Police Department told me and the Director of Nursing said. Now if the State Police said it won't show up, then what's the use!! This is the place where the BON checks for background checks. But I have spoke with a lawyer and he also told me the same thing. So I'm not sure what your talking about, but I'll ask again. I even left a message for the BON on the subject but I haven't gotten a return call yet, their so slow about returning phone calls or letters. So what do u do???

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I'm just going by what the State Police Department told me and the Director of Nursing said. Now if the State Police said it won't show up, then what's the use!! This is the place where the BON checks for background checks. But I have spoke with a lawyer and he also told me the same thing. So I'm not sure what your talking about, but I'll ask again. I even left a message for the BON on the subject but I haven't gotten a return call yet, their so slow about returning phone calls or letters. So what do u do???

You received bad advice. I suggest you have a lawyer WRITE to the BON and request a WRITTEN explanation of their policy. If they advise you must report all convictions regardless of expungement, then you must do so.

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You received bad advice. I suggest you have a lawyer WRITE to the BON and request a WRITTEN explanation of their policy. If they advise you must report all convictions regardless of expungement, then you must do so.

It doesn't say "regardless of expungement"! It says "convictions"! There is a difference. But I'll take your advice and do just that. I'll request a written explanation!

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It doesn't say "regardless of expungement"! It says "convictions"! There is a difference. But I'll take your advice and do just that. I'll request a written explanation!

I take it you have reviewed the application form for RN licensure in Michigan? It can be downloaded in pdf format here:

http://www.michigan.gov/mdch/0,1607,7-132-27417_27529_27542---,00.html

You'll note that it asks, among other things, if you've ever been convicted of a felony. It does not ask "Tell us about any felonies that have not been expunged".

Also note the certification section, which specifically advises that if you lie on the application, and such lie is discovered later, your license will be revoked.

Unless you have something in writing from the BON advising that you need not report felonies which have been expunged, I would report everything.

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I take it you have reviewed the application form for RN licensure in Michigan? It can be downloaded in pdf format here:

http://www.michigan.gov/mdch/0,1607,7-132-27417_27529_27542---,00.html

You'll note that it asks, among other things, if you've ever been convicted of a felony. It does not ask "Tell us about any felonies that have not been expunged".

Also note the certification section, which specifically advises that if you lie on the application, and such lie is discovered later, your license will be revoked.

Unless you have something in writing from the BON advising that you need not report felonies which have been expunged, I would report everything.

It's funny you should say that because I was just reading it. I sent them an email requesting their policy and I left a message for a supervisor on Thursday regarding this. So I'm just waiting.

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Specializes in Med-Surg.

I suppose it depends on what your sins are. I shoplifted $10 worth of lipstick when I was young (minor) and dumb and was told that if I paid my fines, served my community service time, met their other requirements, and did not offend again I could come back to the court in a year and have the record expunged. I did everything they asked and showed up a year later where I was told that I would never have to admit to the offense, it was being wiped off my record. Now I don't care what shows up where, I was told by a court officer I didn't have to admit to it and I never will. If someone in authority manages to find it anyway and wants to come and ask me about it I'll confess all, I'll even tell them what shade I tried to make off with, but until that day comes my official story is "never been convicted" and I'm stickin' to it.

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WRONG WRONG WRONG

You should know that even if your criminal record is eventually expunged, you will, most likely, still be required to answer questions about convictions on your license application. The only benefit that expungement confers is privacy... your record is no longer part of a state database (but even then, your arrest record might still be part of your state's system, but that's another story). Expungement doesn't relieve you of the duty to answer truthfully about convictions. You can lie, and you might never be caught, but if you are, you will likely lose your license due to your failure to answer truthfully. What are the chances of a record being found by a background check, despite expungement? Small, but not small enough to be written off.

If your conviction was related to abuse of a minor, or an elderly person, or someone you had charge of, you will have a lot of explaining to do in the form of a meeting with the state board. If your conviction involved the use of a controlled substance, ditto. If your conviction involved something unrelated to the practice of nursing, you likely will not be denied a license. I recommend you seek legal counsel, and not rely on opinions here. It's never smart to fly by the seat of your pants. I've been a lawyer for 20+ years, and this issue has come up in my practice in connection with future lawyers who are applying for admission to the bar. State bars do a VERY thorough background check, and can often find records despite expungement. Bar applications (like applications for nursing licenses) require the applicant to answer questions about convictions, regardless of expungment. Applications are signed under penalty of perjury. It's never a good idea to lie on an application for a license. You can explain away a conviction. You will not be able to explain away your perjury.

Okay, this is not the answer that I recieved from either my lawyer (one of the best my LARGE city), the police OR my state BON. Maybe it is different from state to state, but expunged means CLEAN, period in my state.

Except here, you can only have one record expunged, EVER.

So, say you are convicted... you can get that expunged but not the arrest\charge. That is totally different. So you would still have that on your record. Thankfully, my case were dropped but I am currently trying to get my

charges\arrest record expunged, and after that, I am not required in ANY sense to tell anyone. The state BON (North carolina) said that if anything comes up, you simply send the letter you recieve, and you're good. No questions asked.

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Specializes in critical care; community health; psych.

Not that I'm a lawyer or an authority on law, but the question comes to mind why bother having your record expunged at all if you have to report the conviction anyway? Isn't the whole purpose of expungement to avoid having one's life limited by virtue of a conviction?

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Isn't the whole purpose of expungement to avoid having one's life limited by virtue of a conviction?

ROFL. Don't start throwing logic into how things should work. You'll knock the planet off it's axis!

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