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?

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.

For those who doubted what I said, I finally got an answer from a supervisor from the Michigan BON here it is:

Dear Ms. Swazer,

If an applicant has a conviction record that has been expunged, there is no need to report any history of conviction on theapplication for licensure. An expunged record does not have to be reported to the BON. If you have any additional questions, please let me know.

Lucinda Clark, Supervisor

Application Section

Now if this doesn't answer the question, then what does!! Expunged means just what it say's.

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For those who doubted what I said, I finally got an answer from a supervisor from the Michigan BON here it is:

Dear Ms. Swazer,

If an applicant has a conviction record that has been expunged, there is no need to report any history of conviction on theapplication for licensure. An expunged record does not have to be reported to the BON. If you have any additional questions, please let me know.

Lucinda Clark, Supervisor

Application Section

Now if this doesn't answer the question, then what does!! Expunged means just what it say's.

Well, you're lucky that Michigan apparently doesn't give a damn. Check out the following "Frequently Asked Question" from the California BON for RNs, found at this link:

http://www.rn.ca.gov/lic/lic-dispinfo.htm

"1. What convictions or license discipline must be reported on the application?

All convictions must be reported, except for minor traffic violations. Both misdemeanor and felony convictions must be reported, and "driving under the influence" must be reported. Convictions must be reported even if they have been expunged under Penal Code Section 1203.4. Also, offenses must be reported even if the applicant has successfully completed a diversion program under the Penal or Article 5 of the Vehicle Code. All prior or current disciplinary action against a healthcare related license must be reported, whether it occurred in California or in another state or territory."

California's policy is not unique. But as for Michigan, you apparently have a "get out of jail" card.

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Well, you're lucky that Michigan apparently doesn't give a damn. Check out the following "Frequently Asked Question" from the California BON for RNs, found at this link:

http://www.rn.ca.gov/lic/lic-dispinfo.htm

"1. What convictions or license discipline must be reported on the application?

All convictions must be reported, except for minor traffic violations. Both misdemeanor and felony convictions must be reported, and "driving under the influence" must be reported. Convictions must be reported even if they have been expunged under Penal Code Section 1203.4. Also, offenses must be reported even if the applicant has successfully completed a diversion program under the Penal or Article 5 of the Vehicle Code. All prior or current disciplinary action against a healthcare related license must be reported, whether it occurred in California or in another state or territory."

California's policy is not unique. But as for Michigan, you apparently have a "get out of jail" card.

You also have a, as you have put it, get of jail free card in North Carolina.

California, as you probably know better than I, are very different in the Med. field than many states.

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Remember that we do not offer legal advice here. The only one that can give you a final answer in any particular case is the Board of Nursing for that particular state. States have different rulings and they are entitled to their own opinions. In case of any question with licensure, contact the BON in your state and get it in writing from them. Each case is decided on a case by case basis and even a seasoned attorney cannot always second guess them. :)

The BON is the only one that has final jurisdiction over a license, not any other governing body.

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Remember that we do not offer legal advice here. The only one that can give you a final answer in any particular case is the Board of Nursing for that particular state. States have different rulings and they are entitled to their own opinions. In case of any question with licensure, contact the BON in your state and get it in writing from them. Each case is decided on a case by case basis and even a seasoned attorney cannot always second guess them. :)

The BON is the only one that has final jurisdiction over a license, not any other governing body.

That is true, that's why I contacted them. It take's them a while to get back to you though, but I'm glad the matter is resolved.

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The only thing you have to report, expunged or not, are any felony convictions. At least, that is what the California BON states. And, I know California is strict. Any lessor convictions that have been expunged need not be reported..ie, Jaywalking, disturbing the peace, driving a passenger without a seatbelt. If you get a DWI or DUI that is a felony and must be reported.

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Again, you must contact the Board of Nursing for your jurisdiction, do not rely on what others are stating here. Each state has its own laws.

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Specializes in Nursing Assistant/ Army Medic, LVN.

EXPUNGE

In my experience, the people who 'threaten' information from you cannot get it otherwise. They count on your weakness to get what they want.

The courts expunge certain things for a reason, and ANYTHING on your record that has been expunged CAN NOT be accessed by ANY potential employer. (Unless maybe you plan on being a federal employee or something, and even still, discriminating against an expunged charge would be 'illegal')

As for an earlier poster worried about a juvenille offense, I hope I read that wrong........NO juvenille records can be accessed by ANYONE except the D.A., and they can ONLY use it to determine appropriate charges...that cannot be brought up in court or anywhere else......it is illegal........unless you were CONVICTED as an adult.

Why do all of the Cop shows make it a point to say that everyone is "innocent until proven guilty by a court of law"??

EXPUNGEMENT means that the convicting court/judge no longer deems you liable/guilty of the crime.

If the BON is more powerful than a judge in your stae, let me know......I'm interested!!

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Specializes in Nursing Assistant/ Army Medic, LVN.

I AM NOT A LAWYER

I can only comment on my personal experience.\

Do not sue me

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Be honest. I went through the same situation and almost lost my spot in nursing school because I hadn't revealed a very small, very stupid indiscretion that I thought had been expunged. What they really want to know is have you EVER been arrested or convicted regardless of whether or not is has been expunged. If you tell the truth you will have an opportunity to explain.

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I just want to wish you best of luck. Please contact your board and school for more info. It is always better getting the information straight from the source who knows. Good luck to you.

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Be honest. I went through the same situation and almost lost my spot in nursing school because I hadn't revealed a very small, very stupid indiscretion that I thought had been expunged. What they really want to know is have you EVER been arrested or convicted regardless of whether or not is has been expunged. If you tell the truth you will have an opportunity to explain.

Thank you for the insight, and being honest

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