Expungements in MN

[Peanut&Buttercup]

So, not exactly a nurse entrepreneur idea, but hear me out and let me know what you think.

I'm an attorney who decided to go back to school to become a nurse. I will be starting nursing school in the fall of 2014.

In Minnesota, where I live, a new law will go into effect that will finally allow (in some circumstances) people to completely expunge their criminal record. Currently, an expungement only seals the court records. So, it has no impact on a background check.

So, I was thinking of marketing my services to help nurses/future nurses get their records expunged. It wouldn't prevent the BON from seeing the record, but it would prevent future employers.

With the job market such as it is, I would think anyone with a minor offense from X years ago would greatly benefit from an expungement.

As we get closer to 2015 (when the law goes into effect), I thought I'd call the nursing schools in the area to see if I could put up flyers. What else could I do to market this idea? Do you think this a viable side job?

[NedRN]

I'm not sure I see the benefit of such a service. On a job application, nurses usually must sign a declaration that they haven't been convicted of even a misdemeanor. That wouldn't change even with an expungement (although expungement facts might mitigate the offense in the eyes of an employer), unless they make a false declaration.

While I don't know, I'm assuming that whatever information a BON has on a nurse is discoverable by interested parties such as an employer. In most states, you can pull up license information on any nurse freely and anonymously, and it will say if practice privileges are impaired in any way. I have pulled up licenses of nurses with past felonies but that is not a board action so I've never seen the felony. I don't know if BONs will reveal more if asked or not.

A more specific service just for nurses only, is representation before the BON if a nurse is reported for any reason. That is dangerous because the ability to practice could be taken away or otherwise impaired. Most privately held malpractice insurance will pay up to several thousand dollars for representation in a board hearing.

[Peanut&Buttercup]

Thanks for your reply! An expungement means the criminal record no longer exists -- at least publicly. In other words, you don't need to "check the box" indicating that you have a past conviction (assuming all past convictions were expunged) on a job application. A HUGE plus if you are looking for a job.

[NedRN]

I'm not a lawyer, but I don't believe it works that way. Yes, no public record (although some may persist on private databases, the kind used in many background checks and BON in other states where MN expungement may not affect or control). But you are still making a false statement, and that can get you into deep trouble. I've read about just this kind of issue and while controversial, there is no doubt that this can cause trouble despite expungements.

Just as a business matter, I doubt in the first place that their would be enough cases to make it worth your while, and in the second place, how would you be able to capture such nurses with interest in expungement?

Anyway, good luck!