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?

After reading that sealed records show up as "sealed records," I don't know if I'm better off just leaving my arrest record along and explaining it upon being asked - especially if the employer or BON is going to be seeing "sealed record" and asking anyway??

In my case, in November of 2003, my boyfriend (who was heavily intoxicated) was playing pool in our basement with his brother (who was also heavily intoxicated). My boyfriend was angry at me that I had let the kids play pool earlier that evening and just would not let it go. (He kept saying what a bad mom I was and how I spoiled the kids by letting them play pool, etc., etc.) He kept coming up the stairs to scream at me, throw things at me, etc., etc. After about the 10th time of him coming upstairs to verbally and semi-physically assault me, I locked the kitchen access door. (We have a walk-out basement so he was not "locked in the basement.") As soon as I locked the door, he violently kicked it open - the door, door jam, pieces of wood went flying everywhere. (All of this taking place while my kids slept less than 10 feet away!) I called the police. By the time the police got to my house, I was hysterical (both he and his brother ganging up on me, both drunken jerks) This wasn't the first wall, door, window, etc. broken by my boyfriend, and I was just at my wits end!!! The cops who showed up were obviusly wanting to be doing anything but their job. They were evidently annoyed that I had even called them. They questioned me, separately and questioned my boyfriend and his brother together. They came into my home and took one look at the smashed basement door and ARRESTED ME for "false imprisonment!!" They had no interest in my side of the story, no interest in the fact that the basement was a completely finished walk-out basement (meaning that if my boyfriend wanted to leave the basement, all he had to do was walk out the two open french doors!!) Instead they handcuffed me, in front of my kids, and took me to jail! I was mortified. At court the next morning, the so-called "victims advocates" tacked on 3 more charges 1) assault (apparently my boyfriend and his brother told the cops it was me throwing stuff at them!! Imagine that) 2) attempted assault and 3) domestic violence against family. So I was charged with Kidnapping/False Imprisonment and the assault charges! :angryfire

Less than 3 weeks later, the cops were back at my house for my boyfriend assaulting me. This time, "good cops" showed up. They took one look at all of the previous damage to my home, actually LOOKED at my basement and said there was no way that I was guilty of "false imprisonment." Gee, all it would've taken the other cops was a 2 second glance at my basement to see that!! :uhoh3:

I did a letter to the DA, threatening to sue the pants off of someone if my career was AT ALL affected by these bogus charges (I am currently a paralegal and this kind of record will not fly) and they surprisingly DISMISSED all charges.

However, on my background check - this lovely arrest record with all four (4) arrest charges show up, plain as day, with little typed print underneath each charge that reads....dismissed

Move to seal the arrest record or not? I don't know. I didn't do anything wrong so I don't want it to look like I'm hiding something. But if the record prevents me from even getting an interview and a chance to explain myself, maybe I should seal it? Sorry for the lengthy post. :uhoh3:

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I would call an attorney first, and the BON, then maybe with the advice of the attorney, I would seal it!!

After reading that sealed records show up as "sealed records," I don't know if I'm better off just leaving my arrest record along and explaining it upon being asked - especially if the employer or BON is going to be seeing "sealed record" and asking anyway??

In my case, in November of 2003, my boyfriend (who was heavily intoxicated) was playing pool in our basement with his brother (who was also heavily intoxicated). My boyfriend was angry at me that I had let the kids play pool earlier that evening and just would not let it go. (He kept saying what a bad mom I was and how I spoiled the kids by letting them play pool, etc., etc.) He kept coming up the stairs to scream at me, throw things at me, etc., etc. After about the 10th time of him coming upstairs to verbally and semi-physically assault me, I locked the kitchen access door. (We have a walk-out basement so he was not "locked in the basement.") As soon as I locked the door, he violently kicked it open - the door, door jam, pieces of wood went flying everywhere. (All of this taking place while my kids slept less than 10 feet away!) I called the police. By the time the police got to my house, I was hysterical (both he and his brother ganging up on me, both drunken jerks) This wasn't the first wall, door, window, etc. broken by my boyfriend, and I was just at my wits end!!! The cops who showed up were obviusly wanting to be doing anything but their job. They were evidently annoyed that I had even called them. They questioned me, separately and questioned my boyfriend and his brother together. They came into my home and took one look at the smashed basement door and ARRESTED ME for "false imprisonment!!" They had no interest in my side of the story, no interest in the fact that the basement was a completely finished walk-out basement (meaning that if my boyfriend wanted to leave the basement, all he had to do was walk out the two open french doors!!) Instead they handcuffed me, in front of my kids, and took me to jail! I was mortified. At court the next morning, the so-called "victims advocates" tacked on 3 more charges 1) assault (apparently my boyfriend and his brother told the cops it was me throwing stuff at them!! Imagine that) 2) attempted assault and 3) domestic violence against family. So I was charged with Kidnapping/False Imprisonment and the assault charges! :angryfire

Less than 3 weeks later, the cops were back at my house for my boyfriend assaulting me. This time, "good cops" showed up. They took one look at all of the previous damage to my home, actually LOOKED at my basement and said there was no way that I was guilty of "false imprisonment." Gee, all it would've taken the other cops was a 2 second glance at my basement to see that!! :uhoh3:

I did a letter to the DA, threatening to sue the pants off of someone if my career was AT ALL affected by these bogus charges (I am currently a paralegal and this kind of record will not fly) and they surprisingly DISMISSED all charges.

However, on my background check - this lovely arrest record with all four (4) arrest charges show up, plain as day, with little typed print underneath each charge that reads....dismissed

Move to seal the arrest record or not? I don't know. I didn't do anything wrong so I don't want it to look like I'm hiding something. But if the record prevents me from even getting an interview and a chance to explain myself, maybe I should seal it? Sorry for the lengthy post. :uhoh3:

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My advice is always to disclose. An application for a nursing license is made under penalty of perjury. As I've demonstrated in a prior post, some states REQUIRE disclosure of conviction information, even if expunged. If you lie and state "No", that you've never been convicted of anything, the sword of Damocles will be hanging over your head for the rest of your working life. If ANYONE ever finds out about your "expunged" record, you risk losing your license for lying on your nursing application. Your mental health alone deserves better than that.

The fact is, if you've made it through nursing school, any conviction you might have is explainable and WILL NOT be grounds to deny you a license. This includes offenses like marijuana use, petty theft, even assault and false imprisonment (such as the case just mentioned). If you have a serious conviction, like abuse of an elderly person or child, you'll have SERIOUS explaining to do before a license will be granted, and you may not get one; but then again, you may not deserve one.

Those who believe that a record will never see the light of day simply because it has been expunged are extremely naive. Thousands of commercial companies have assembled ("mined") data from sources, have built databases, and are selling personal information. Give me a name and a little bit of other information, and (for a fee) I will give you back a social security number, cell phone number, and a dossier which might include info about assets, personal relationships, and other information [keep in mind that I don't sell data; I'm making a point. But I have bought personal data about witnesses from companies in the course of litigating lawsuits, and everything (and everyone) is for sale. How do you think your neighbor, who works in criminal records at your local police department, just bought his new car? He has a side stream of income selling data to commercial databases].

"Privacy" doesn't really exist anymore. If someone wants to find out something about you, and is willing/desperate enough, he/she will get that information. Now, I'm not saying that your BON is doing this. I AM saying that I, personally, wouldn't risk lying about an expunged record to the BON. It's always better to disclose and, if necessary, explain. You'll likely still get a license, and you'll sleep better at night.

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Let me make something crystal clear: employers may only ask about CONVICTIONS, not arrests (usually). I have yet to see an employer (or a BON) that asks about ARRESTS. The only entities I am aware of which require disclosure of arrests are state bar associations.

I've never heard of a person being denied a license of any type because of an ARREST record. Such denial would be easily challenged on due process grounds.

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We were told, yes, you must address EVERYTHING.

I think they can find out because my sophmore year we lost three people who did not reveal all. The school dismissed them on the grounds that they broke the schools values by deing dishonest when they lied or omitted information on their application. Two of the three were DUI's.

melissa

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