Felonly expunged...can I get my LPN license in Oklahoma?

passredskins1 · May 18, 2011

tough one....u have to contact your state board for assistance.....here in MD the Board of Nursing reviews each felonies expunged or not by a case by case basis so do the nursing schools....

OSUshane · May 19, 2011

Josh, I jokingly brought this up in class the other day (I'm at OU-Tulsa for my BSN) and the teacher said there is a 5 year waiting period. However, an expunged felony is... an expunged felony. It cannot be held against you because it officially never happened. Want proof? Here's a Tulsa attorney's take on it: http://www.kanialaw.com/case-types/criminal-defense/expungement-in-oklahoma.htm.

FYI: in OK, from what I saw, an LPN makes about $14/hr to start, RNs make $20/hr to start. An LPN takes the same amount of time as an ADN for many/most schools that I saw. Just something to look into. While the schooling may cost more and/or be slightly longer, you might want to consider the RN.

Good luck. And, stay out of trouble ;P

Tiger747 · May 19, 2011

The problem as I see it is that the B.O.N. will see the conviction, so there is a good chance you will receive a probationary license-- if a license at all.

Now... you are looking for a job with your probationary license. What on Earth will you tell a potential employer? How will you explain a probationary license?

With a probationary license the odds of finding a job drop to somewhere around the single digits-- like 2%.

Well, felony will rear its ugly head once again. You could have almost saved yourself the cost of expungement. And now, you have student loans to pay off.

The good news is that you will have an easier time getting a job in retail or fast food. Seriously. I am not being sarcastic.

Here is the thing: You take out the student loans, you jump through all the hoops, graduate with honors, only to find out that a) the B.O.N. will not let you sit for the NCLEX, or worse, b) the B.O.N. will let you pay $250.00 and take the NCLEX, but either grant you no license or a probationary one, or, worse still, c) the B.O.N. lets you sit for the NCLEX and grants you a probationary license that you cannot do anything with. Option "c" is the one that I got. Believe me, save yourself the trauma.

Also, the question about felonies and misdemeanors as I have seen it worded on the 150+ applications I have filled out is worded thusly: "Have you ever been convicted of..." So the answer will be "yes". Perhaps a few will have a caveat about expungements, where you can say, "no".

Also, an expungement does not mean the conviction or arrest is taken off the various databases all over the internet. To get that cleaned up costs a small fortune I found out.

Having any kind of criminal record and nursing just don't go together-- at least not in the employer market of the Great Recession. Of course, you will always get those in the audience who either know someone who beat the odds, or, have themselves, beat the odds. But I say the exception does not prove the rule for most of us. Just too many things can go wrong here my friend.

Best of luck to you either way you decide.

alexiscc · May 23, 2011

The tricky thing about expungement is that often is still requires disclosure not only to BONs, but to special employers like nursing homes or hospitals, and government employers (that's what California "expungement" is about)--you have to answer "yes, dismissed" in CA to certain classes of employers, and "no" to regular employers. Often, it doesn't even matter what you're required to say on application--as the background check using fingerprints will show everything and anything anyway. Expungement is not the same as "seal and destroy" used sometimes.

See this note:

http://www.kanialaw.com/case-types/criminal-defense/expungement-in-oklahoma.htm

Home Health Columnist / Guide · May 23, 2011

see our advice: start here---faq: nursing licensure with criminal history; answer background question

ok: nclex or aua certification candidates with history of arrests/deferred sentence/conviction policy

information for applicants for licensure or aua certification with history of arrests, convictions, or prior disciplinary action
applicants for licensure or aua certification in oklahoma who have ever been summoned, arrested, taken into custody, indicted, convicted or tried for, or charged with, or pleaded guilty to, the violation of any law or ordinance or the commission of any misdemeanor or felony, or requested to appear before any prosecuting attorney or investigative agency in any matter; or have ever had disciplinary action taken against another health-related license or certification; or have ever been judicially declared incompetent are required to notify the oklahoma board of nursing. failure to report such action may be a violation of the oklahoma nursing practice act. all applicants for licensure as a registered nurse or licensed practical nurse must have submitted a criminal history records search conducted by the oklahoma state bureau of investigation not more than three (3) months prior to submission of the application [59 o.s. 567.5].

effective november 1, 2003, a candidate for a license to practice as a registered nurse or licensed practical nurse shall submit to the oklahoma board of nursing "certified written evidence that the applicant has never been convicted in this state, the united states or another state of any felony, unless five (5) years have elapsed since the date of the criminal conviction or the termination of any probation or other requirements imposed on the applicant by the sentencing court, whichever shall last occur, or a presidential or gubernatorial pardon for the criminal offense has been received" [59 o.s. 567.5]. therefore, applicants for licensure in oklahoma with one or more felony convictions cannot apply for licensure for at least five years after completion of all sentencing terms, including probation and suspended sentences, unless a presidential or gubernatorial pardon is received.

BJBAILEY1972 · Nov 23, 2011

The problem as I see it is that the B.O.N. will see the conviction, so there is a good chance you will receive a probationary license-- if a license at all.
Now... you are looking for a job with your probationary license. What on Earth will you tell a potential employer? How will you explain a probationary license?
With a probationary license the odds of finding a job drop to somewhere around the single digits-- like 2%.
Well, felony will rear its ugly head once again. You could have almost saved yourself the cost of expungement. And now, you have student loans to pay off.
The good news is that you will have an easier time getting a job in retail or fast food. Seriously. I am not being sarcastic.
Here is the thing: You take out the student loans, you jump through all the hoops, graduate with honors, only to find out that a) the B.O.N. will not let you sit for the NCLEX, or worse, b) the B.O.N. will let you pay $250.00 and take the NCLEX, but either grant you no license or a probationary one, or, worse still, c) the B.O.N. lets you sit for the NCLEX and grants you a probationary license that you cannot do anything with. Option "c" is the one that I got. Believe me, save yourself the trauma.
Also, the question about felonies and misdemeanors as I have seen it worded on the 150+ applications I have filled out is worded thusly: "Have you ever been convicted of..." So the answer will be "yes". Perhaps a few will have a caveat about expungements, where you can say, "no".
Also, an expungement does not mean the conviction or arrest is taken off the various databases all over the internet. To get that cleaned up costs a small fortune I found out.
Having any kind of criminal record and nursing just don't go together-- at least not in the employer market of the Great Recession. Of course, you will always get those in the audience who either know someone who beat the odds, or, have themselves, beat the odds. But I say the exception does not prove the rule for most of us. Just too many things can go wrong here my friend.
Best of luck to you either way you decide.

THIS IS COMPLETE AND UTTER NONSENSE! An expungement will not be seen by an employer and if it is, they are NOT allowed to ask you about it at all. EXPUNGEMENT = DISMISSAL OF CHARGES. You cannot have one and not the other. In many states your arrest record remains intact - PLEASE NOTE - arrest records do not mean guilty. Many, MANY people are wrongfully arrested everyday and charges dropped or dismissed. The only roadblock or speedbump will be a conviction. You are not required to disclose anything that has been dismissed or expunged. That is the single, sole reason for an expungement. I work at the largest health care system in the country and I am telling you that convictions are the only issue - and you must disclose and explain them. Even if your arrest shows up, you simply state - I was arrested, however the charges were dismissed - because your record WILL NOT show a conviction - again, if you have it expunged - PERIOD.

Home Health Columnist / Guide · Nov 27, 2011

an expundgement is viewable to professional health care boards, especially boards of nursing since they are a state agency responsible for protecting the public when issuing a license. please follow directions on license application carefully--see previous post.

depending on type of crime/expundgment, criminal background checks requested by health care facilites may have info released if obligated by state or federal statues that certain offenses restrict employment. my experience as hiring manager: hr staff usually only persons see actual report and will contact hiring manager to discuss crime listed on report + eligiblity for hire.

BJBAILEY1972 · Nov 28, 2011

Again, to clarify, the post was addressing employers - not the board. YOU MUST DISCLOSE EVERY ARREST AS AN ADULT to the Board...do not be fooled, they will find it.

As for employers, again, I know expungements do not show. The only thing that may appear is the you were arrested and the charges dismissed. You cannot have crimes against persons (assault, murder, rape, etc) expunged. Some crimes (drugs, theft, DUI, etc) can be expunged and again any conviction will not show up - unless the boards have attached restrictions to your license.