Getting a California RN License with a Criminal History: Misdemeanor

Nurses Criminal

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Disclaimer:

This topic is for informational purposes only and should not be considered legal advice. This is simply an account of my experiences with the California Board of Registered Nursing. Individual situations will vary depending on:

  1. The nature and severity of the crime
  2. Evidence of any acts or crimes committed subsequent to the crime under consideration
  3. The time elapsed since the crime
  4. The extent that you complied with parole, probation, restitution, or other lawful sanctions
  5. Evidence of rehabilitation

Background Information:

I'm a 26 year old male applying for my RN license from the California Board of Registered Nursing in December 2012. I attended a California State University for 4 years to get a BSN degree. :nurse: I have been working in the emergency department of a hospital for 1 1/2 years; great place to get experience and references.

Prior convictions include:

  1. Theft of personal property in 2004 at the age of 18 (8 years ago)
  2. Open container in 2004 at the age of 18 (8 years ago)
  3. Basic speed law in 2010 at the age of 24 (2 years ago) :banghead:

I expunged my theft of personal property charge in 2008 after a three year probation. I highly recommend expunging your record after you serve probation even though you have to report it to the BRN and any government agency. This is because it looks good to the board and after you get your license you usually don't have to report the crime when applying for a job. For California expungement information go to: http://www.saclaw.lib.ca.us/pages/expunging-criminal-records.aspx

I got my speeding ticket dismissed after completing a trial by written declaration. I also highly recommend trial by written declaration for tickets because all I wrote was "I am not guilty" and because the cop didn't write a response, I got back all my money and got the ticket dismissed. :up:

The Application Process:

Applications are relatively straightforward for the California Board of Registered Nursing until you get to the prior convictions section. You got your work cut out for you if you have any convictions and this includes tickets over $300 and yes...even things that were expunged or dismissed.

When completing the California BRN prior convictions section it is on you to get all the documentation needed and organized so I suggest starting early so that you can have things ready before you graduate and so that you don't postpone your application too much. For this section I organized it in the same order as it is listed on this guideline on the California BRN website. Enforcement Applicant Desk

Prior Convictions Section of the Application:

1)Letter of explanation: This must be very well written so make sure it is proofread (unlike this post) and make sure to include: circumstances surrounding the arrest(s), convictions(s), and/or disciplinary actions(s); the date of the convictions, the specific violations (cite the law if convicted...i googled it and cited it as a footnote), court location, sanctions or penalties imposed and completion dates. Also include what you have done since then regarding your rehabilitation and why you want to be an RN. I also included the roles of an RN to show that I know what my roles will be. Make the letter sincere and show how you have grown out of this experience.

2)Arrest/Incident reports: These are NOT court documents and you cannot get these at the court house. You literally have to go to the police station and request one; even then, they may not give you one. It cost like $8 for mine. Make sure it is stamped and/or signed

3)Certified Court Documents: You have to go to the court house in the county you were arrested/cited and get the documents from the office of records: It cost me $25 for each one (x3) plus a charge for the paper used to print them; so, this cost me like $79. Ouch :madface:

4)Evidence of Rehabilitation: Here I just put my documentation that I completed my probation, I got my record expunged, and some volunteering experience.

5)Reference Letters: These will take a while to get depending on the people you ask. I included 3 letters. One from a trauma nurse, one from my nursing supervisor, and one from a dentist that I know and that I have volunteered with in the past. Someone suggested that I get one from a nurse, one from a clergy member, and one from a political figure if possible but, I didn't really know the latter two people. I didn't need to include alcohol related letters because I didn't get a DUI, I only got an open container ticket. I wasn't actually drinking and driving but my friend was drinking in the car so that is how I got the ticket.

6)A work performance evaluation. This will take a while to get depending on your supervisor. This doesn't need to be nursing related but mine was because I've been working in a hospital for 1 1/2 years.

Waiting for a Reply:

I sent my completed application in on 12/5/12.

I got a letter 15 days later that said "An evaluation of your application for examination indicates that the following items and/or information are required to complete you application. Due to your disclosure of previous discipline or conviction, your application will require additional processing time. A FINAL DECISION REGARDING AN ENFORCEMENT CASE FILE CANNOT BE MADE WITHOUT THE FOLLOWING DOCUMENTS - REFER THE ENCLOSED NOTICE FOR DETAILS. If you have already addressed the checked item(s) above, please disregard this letter." Enclosed notice was this link: http://www.rn.ca.gov/pdfs/enforcement/appdocs.pdf...but I thought I turned everything in. Well, actually I did but I guess they just sent this to confuse me.

I got a letter 15 days after that that scared the :poop: out of me at first but it turned out to be a good letter. It read:

"The board of registered nursing (Board) has completed its review of your conviction history. The conviction(s) you sustained is/are considered substantially related to the qualifications, functions or duties of a registered nurse. Business and Professions Code Section 480 authorizes the Board to deny a license for conviction of a crime substantially related to the qualifications, functions and duties of a registered nurse. However, when considering the denial, suspension or revocation of a license, the Board considers criminal history, mitigating or aggravating circumstances, evidence of rehabilitation and other criteria to evaluate the licensee's or applicant's present fitness or eligibility for licensure. The Board will not pursue any disciplinary action against you at this time. Your conviction history information has been reviewed and returned to the Licensing Unit to continue the licensure process. A licensed registered nurse is responsible for being honest and ethical. Future substantiated reports that you have engaged in similar behavior, been convicted of a crime substantially related to the qualifications, functions and duties of a registered nurse or otherwise violated the law or regulations governing you practice as a registered nurse may result in disciplinary action against you license."

I got my eligibility notice to take NCLEX 4 days later. YAY!!!

I took my NCLEX-RN and just found out I passed first try.

I hope this helps somebody out there. I know from experience how nerve-racking it can be to have prior convictions but, if you stick with it you can become a nurse. I wish you all the best of luck because nursing is truly the best profession in the world. Oh..and thanks Board for giving me a chance to be a Real Nurse.

Useful links:

California BRN Website: California Board of Registered Nursing go to "Applicants" at the top, then go to "Licensure by Examination", then go to "Click here for additional information for applicants with criminal convictions or discipline"

Hi cheethaj I am testing on Friday the 6th I had to appeal to get it and am waiting for the BRN and Attorney Generals decision but the BRN letting me test I think is in the positive direction. It took 6 months for me to test and I am just grateful they are letting me do it. I will post and let you know how the NCLEX goes ahahah so excited lol

NCLEX done woohoo 75? and put it to bed now I wait to hear for official results when the BRN and Attorney Generals office have made their decision.

Specializes in Public Health Nursing.
NCLEX done woohoo 75? and put it to bed now I wait to hear for official results when the BRN and Attorney Generals office have made their decision.

Wow that must have been scary for you. That is so awesome that you did the appeal and passed the NCLEX. I'm making a toast to you as I write this. Cheers to being diligent in your effort to better your life. I sincerely wish you the best of luck.

Specializes in Public Health Nursing.
Just a quick question I did not know that an arrest when u are under age comes up ... I thought all things under 18 r sealed ... I can not remember back that long ago but when I was 12 or 13 I got caught shoplifting and I really don't remember the details including what county .. I was a child

Sorry for the late response. I am not a hundred percent sure about that. I'm sure their records show everything because it is like an FBI style background check. I doubt they would hold that against you, but I would report it if it were me. I don't think you have anything to worry about except the added time and expense. Maybe you should call them and ask if you would have to report something like that. Sorry I don't have a better answer for you.

Hello everyone, It has been quite sometime that I have been on here, my last post was right after I passed the entrance exam for nursing school.

I did not go.

A series of unfortunate events occurred after I passed the exam. I am going to be real with all of you. I never disclosed why I was discharged from the military back in 2001. I have Bipolar I disorder and that is why I was let go. Fast forward to 2013 summertime, I have always been in close contact with my VA treatment doctors. I told my doctor that the only problem I had with my medication was how it was hard to lose weight and easy to gain it. For the past 10 years I have been on Depakote and Abilify. Well, doc changed that cos of my complaints of my weight to Topamax which was a stimulant and resulted in me going off the deep end in a matter of weeks.

When my manic phase peaked I ended up assaulting a female police officer and resisted arrest by force. Ironically, I was military police in the Air Force back in the day...weird. So the big problem is, now I have a felony charge on my record. Currently I am in veterans court and as long as I follow orders/dont violate probation I will hopefully get it dropped to a misdemeanor. I am really worried though. Can I still go into nursing school with a misdemeanor charge? I dont want to go through the process of getting my CNA again,it expires next year, but I cant handle residents due to my charge so I have to let it expire and retake the course...grrr only to find out that I shouldn't waste my time if I cant get into nursing school.

I hate that I had to put my career on hold, but what happened, happened and there's nothing I can do about it. All I can do is pray for the best. I still want to be a LVN though, what happened to me was not a result of me NOT taking my meds, it was because my medication got switched for a selfish reason and my body didnt like the medicine. I feel so bad for what happened. I am trying not to let it bother me but it still does....

Would you email me your letter as well? My email is [email protected]. I was pulled over in march 2998, but the charges were dropped. However, the DUI still shows up on my DMV driving record. I don't have a criminal record, just the one DUI citation in my dmv record. Does anyone have experience with this?

Hey hope all is well. I wanted to ask if you would be able to send me your letter to help me get an idea of what I need to write because its all so confusing. Please let me know my email is [email protected]

This is a question for the original post...you said you got a letter from the Board of Registered Nursing. Was it a certified letter? I am waiting on a decision from the enforcement department on whether or not they are going to give me my authorization to test. I missed a certified letter in the mail today and now I am freaking out.

Specializes in Public Health Nursing.
This is a question for the original post...you said you got a letter from the Board of Registered Nursing. Was it a certified letter? I am waiting on a decision from the enforcement department on whether or not they are going to give me my authorization to test. I missed a certified letter in the mail today and now I am freaking out.

I don't remember for sure but I think it was not certified.

Specializes in Public Health Nursing.
Hello everyone, It has been quite sometime that I have been on here, my last post was right after I passed the entrance exam for nursing school.

I did not go.

A series of unfortunate events occurred after I passed the exam. I am going to be real with all of you. I never disclosed why I was discharged from the military back in 2001. I have Bipolar I disorder and that is why I was let go. Fast forward to 2013 summertime, I have always been in close contact with my VA treatment doctors. I told my doctor that the only problem I had with my medication was how it was hard to lose weight and easy to gain it. For the past 10 years I have been on Depakote and Abilify. Well, doc changed that cos of my complaints of my weight to Topamax which was a stimulant and resulted in me going off the deep end in a matter of weeks.

When my manic phase peaked I ended up assaulting a female police officer and resisted arrest by force. Ironically, I was military police in the Air Force back in the day...weird. So the big problem is, now I have a felony charge on my record. Currently I am in veterans court and as long as I follow orders/dont violate probation I will hopefully get it dropped to a misdemeanor. I am really worried though. Can I still go into nursing school with a misdemeanor charge? I dont want to go through the process of getting my CNA again,it expires next year, but I cant handle residents due to my charge so I have to let it expire and retake the course...grrr only to find out that I shouldn't waste my time if I cant get into nursing school.

I hate that I had to put my career on hold, but what happened, happened and there's nothing I can do about it. All I can do is pray for the best. I still want to be a LVN though, what happened to me was not a result of me NOT taking my meds, it was because my medication got switched for a selfish reason and my body didnt like the medicine. I feel so bad for what happened. I am trying not to let it bother me but it still does....

Iʻm sorry to hear about that. First, I would like to say thank you for your service to our Country. It must be tough trying to overcome your condition so that you can better your life. I am a little confused about a couple aspects of your post. First, are you currently a CNA? Second, did you get arrested in 2013 and what were your convictions? If the arrest was that recent, and you have one or more felonies then that is pretty tough. I am not a lawyer, but it seems like you have a relatively recent conviction and that may make it very hard to get into nursing school or get a license any time soon. If you can get the conviction dropped to a misdemeanor that would be much better in the long run. You could work on getting it expunged after you serve probation. The other issue is that you got an assault charge on a police officer and the board may correlate that with the possibility that you would be violent toward patients if you're in a manic phase of you bipolar disorder. I really don't want to discourage you but I also have the responsibility to be strait with you and say that you are going to have it hard trying to become a nurse in the near future or getting a legal job for that matter. If you are a CNA now then you are supposed to report any arrest to the board before you get your renewal and if you don't then you will basically blow your chances at an LPN/RN license in the future. I really feel for you and I have been in a similar situation. It is depressing not being able to get a legal job because no one will hire you with a previous criminal history. All I can say is hold your head up and realize that you are a good person despite this glitch in your past. Don't ever let anyone take that from you.

Specializes in Public Health Nursing.

Kisstags, rdavis1, nicamama

Letter was attached in an E-mail.

Hi! I was wondering if you could send me your letter also? I am writing one right now and am a little confused on what to include. Also when you sent in your documentation, did you include anything else? Like a letter explaining what you were sending? Or your application number and all that?

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