Admin probation (Not probation on license)

  1. Hi all,

    I went searching for this topic, but I was only able to find probation issues relating to peoples RN/LPN etc. licenses as opposed to a criminal issue.

    Going to condense this:

    Misdemeanor culpable negligence in the state of FL. Completely unrelated to any RN/professional practice. Adjudication withheld (no conviction). 12 months administrative (non reporting/paper) probation. NO limitation/hindrance/complaints against my RN license. 100% free to practice without limitation.

    FL requires you to pass a level 2 background to practice as a RN. I can pass the check, but a blemish still shows.

    Employers almost entirely offer me jobs. I go through on boarding, employee health, etc. Whether they ask on apps if I have a history or not, when the background comes back they withdraw the offer.


    I will be off of my admin probation in a month, but i'm struggling finding work. There is no guarantee when I'm off probation it will be easier to find a job due to the blemish. It will take an additional 8 months to seal/expunge the court case. It's frustrating because it's become a 1-mistake world, even for minor mistakes in a place where nurses are almost critically/short.

    I am wondering if this is because of the probation, or if this is because of the non-conviction misdemeanor, or a combination. Any director/HR perspective is greatly appreciated. Thoughts?
  2. Visit kardz33 profile page

    About kardz33

    Joined: Nov '17; Posts: 5

    6 Comments

  3. by   Sour Lemon
    Quote from kardz33
    Hi all,

    I went searching for this topic, but I was only able to find probation issues relating to peoples RN/LPN etc. licenses as opposed to a criminal issue.

    Going to condense this:

    Misdemeanor culpable negligence in the state of FL. Completely unrelated to any RN/professional practice. Adjudication withheld (no conviction). 12 months administrative (non reporting/paper) probation. NO limitation/hindrance/complaints against my RN license. 100% free to practice without limitation.

    FL requires you to pass a level 2 background to practice as a RN. I can pass the check, but a blemish still shows.

    Employers almost entirely offer me jobs. I go through on boarding, employee health, etc. Whether they ask on apps if I have a history or not, when the background comes back they withdraw the offer.


    I will be off of my admin probation in a month, but i'm struggling finding work. There is no guarantee when I'm off probation it will be easier to find a job due to the blemish. It will take an additional 8 months to seal/expunge the court case. It's frustrating because it's become a 1-mistake world, even for minor mistakes in a place where nurses are almost critically/short.

    I am wondering if this is because of the probation, or if this is because of the non-conviction misdemeanor, or a combination. Any director/HR perspective is greatly appreciated. Thoughts?
    Is your area really "critically short" of nurses ...that seems to be a common misconception, particularity when dealing with new graduates (although I'm not sure that you are one). Maybe you'd have better luck applying in other cities or states with greater need?
  4. by   not.done.yet
    Are you disclosing this in the interview? If not, you should be. It is your only chance to explain your side of things.
  5. by   MunoRN
    I think your assumption that employers won't see your misdemeanor charge as being related to nursing is not correct. "Culpable negligence" is when you show blatant disregard for the safety and well being of others, which is certainly speaks to the general role of a nurse.
  6. by   kardz33
    Quote from not.done.yet
    Are you disclosing this in the interview? If not, you should be. It is your only chance to explain your side of things.
    Good idea. I wasn't sure how to approach this and confess during an interview or only note it on an app if the questions were asked.
  7. by   kardz33
    Quote from MunoRN
    I think your assumption that employers won't see your misdemeanor charge as being related to nursing is not correct. "Culpable negligence" is when you show blatant disregard for the safety and well being of others, which is certainly speaks to the general role of a nurse.
    Culpable negligence being there wasn't a conviction, it comes down to character...so i'm unsure why i'm being treated as guilty as a withhold of adjudication goes to the circumstances of the case and what the prosecution could actually prove the case amounted to. This also considering the fact i'm licensed in 3 states with no hindrances on my license, which is also noted above. Therefore, between AHCA and 3 BoNs believing me to be safe, it's frustrating that employers are making snap judgements.

    Either way, your observation is mostly correct but not entirely. Between the adjudication being withheld as noted above, and the statutory definition coming down to something as small as someone's "feelings" being hurt as opposed to actual harm/damages, it's kind of a bs issue that i'm trying to work around.

    I didn't come here to define the law or defend the merits of the case, i'm trying to figure out how to properly handle this with maximum chance at moving forward in employment and any tips from a HR/director perspective.
    Last edit by kardz33 on Nov 8, '17 : Reason: none
  8. by   brillohead
    Definitely disclose at the interview, tell your side of the story, explain what you learned from the situation, etc.

    You know they're going to see it anyway when they do the background check, so get out in front of the story and show them how you matured / learned / improved since that event.

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