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"

Specializes in Public Health Nursing.

Letter sent tsumtsum29, elisav1929, gorgeous_lady14, and moosemom74.

Hey cheethaj,

I just want to say thank you for sharing your success story and giving us light and hope to those of us going through this difficult situation. I too am a struggling individual who will be facing various hurdles and challenges when the time comes for me to face the BRN and prove to them that my criminal record should not be a reflection of my character. If you could please send me a copy of your letter to the BRN, it would help greatly in pointing me in the right direction to becoming a RN. My E-Mail: [email protected]

Hello el gato, (cheetahj)

I was a CNA at the time of my manic phase and was asked to leave my place of employment from the DON as she noticed how erratic my behavior was and to not come back until I have a doctors note. I did get arrested later on that evening in 2013 and my convictions were driving under the influence of controlled substance and for resisiting arrest by force. I was completely sober at the time of the incident so I dont know where they got that charge from other than psych meds being in my system. However I did while wildly manic assaulted a female police officer. I only have one felony charge and in a few months, I willl have it dropped to a misdemeanor as long as I dont have any hiccups along the way with probation, VA treatment doctors and such.

I understand that with my condition it is a possibility that in can bite me in the orifice, especially having a criminal history with assault, but it will not discourage me. Alll I can do is try. After speaking with my attorney, he said that give it a couple years with no incidents and to keep on with my medication. Just FYI I did not spiral out of control on purpose, my VA doc presecribed me some new medicine and it messed things up, I should have known but I was so far gone I didnt know what to do.

So now, all I can do is pray and hope for the best. If it's people I cant take care of then it will be animals next lol. I have a lot to overcome and have the support of my family and friends. I just know for sure I dont want to be a CNA for the rest of my life. Oh! And to answer your question, no I am not a CNA anymore as mentioned in the first sentence of my response to you and I know very well to report to the board of any convictions :)

Specializes in Public Health Nursing.

Letter sent skeleton_kinx. :up:

Hi blueorchid, I just DM'd you. I'm in the same boat as your were and I could use some advice :)

Hello cheethaj, thank you for sharing your sucess story. Im in the same situation. I was wondering if your able to send me your letter...to guide me in the right direction. my email address is [email protected]

Thank you.

Thank you for sharing your story. I am getting ready to graduate in Dec 2014 from nursing school and must explain my criminal background of a DUI from 2001 in the state of PA. I would like to say that I have always been forthcoming with my DUI even when I applied to nursing school so I would always advocate for honesty. My school was wonderful and I did not have any issues with my clinical sites. I am in the process of obtaining my letters of recommendation from instructors and a previous nursing supervisor where I work now. I would love if you could send me your letter to use as a guide for my letter of explanation for the PA Board of Nursing. I really appreciated reading this and hearing of your success. I would love to hear if anyone has had any issues with being allowed to sit for the NCLEX in the state of Pennsylvania and what the process is for submitting paperwork. My email address is [email protected]

Cheethaj it didn't even notify me of your reply Im so sorry it took me so long. I will absolutely write a thread about my experience great idea. yours helped me so much maybe I can do the same for someone else.

Hi! Cheethaj Thank you for the thread that you made about applying nclex with misdemeanor problem from the past. Can you please send me your sample of your letter to the BON Ca? I have a misdemeanor last 2012 got arrested booked and fingerprinted but the case was dismissed and no charge filed against me because i got a diversion program. I'm really concerned about what to write to the BON. My email add: [email protected] thank s a lot in advance:)

Hi, I saw your post and I wanted to ask you if you could email me a copy of the letter you sent to the board please. you can email me at [email protected]. Thank you.

Specializes in Public Health Nursing.

Letter sent HOPEGG, noeljames, Cyntz2010, and Elisha_V. Let me know if you have any questions. :bag: Happy Halloween!

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