Getting my license with an expunged Adjudicated Deliquent Felony Charge. Help! Thanks!

Published

  1. Will I be able to sit for my RN license

    • 0
      Yes
    • 0
      No
    • 0
      Maybe

Hello my name is nurse_with_member. I'm 21 years old, from Pennsylvania, and I'm currently in a nursing BSN program sophomore year. When I was 16 years old I was arrested and charged with:

  • "CS13A30 Manufacture ETC. of a controlled substance by person not registered, or a practitioner not registered creating, ETC. A counterfeit controlled substance" (I was caught with 30 grams bagged of marijuana).
  • I was given a grade F(felony) and my disposition was Adjudicated Delinquent.
    I finished my probation in 6 months and completed my ARD with no problems!

On January 11th 2016 all criminal and justice agencies were directed to expunge the arrest record.

In one part of the order for the expungment it reads:

"Such information shall be kept by the prosecuting attorney and the central repository shall and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law of Court rule to be expunged where their individual has successfully completed pretrial post trial diversion or probation program (ARD included. Such information shall be used solely for the purposes of determining subsequent eligibility for such program and/or for determining whether a subsequent conviction shall be considered a second, third, fourth, or subsequent conviction. "

Questions:

  1. Now my question is although this is expunged will this record still affect me obtaining my RN license 2 years from now when I apply for the NCLEX and licensure in PA?
  2. What should I do?
  3. Does the BOLD sentences I highlighted in the part of expungment have anything useful?
  4. Do I have to say "yes" for criminal record on the application when applying for my license?
  5. Will this effect me in the future to become a nurse practitioner related to prescriptive authority?

I do understand that I was arrested and did a very bad thing. I feel terrible about what I did. This was however 5 years ago and I have never gotten in trouble after that. I'm a good person and just want to live a normal life. I'm doing very well in school and want to make a living. I appreciate feedback. If you have any questions for me to answer please do so. If you want me to upload the expungment I can do so and block out any of the personal parts.

Listed below is two users on Reddit legal sub on their opinion. Please I'm looking for more opinions too. Thank you guys again!

Two people on /r/legal advice on reddit said

  1. "You should reach out to the licensing board anonymously and ask them. I do not expect it would be a problem. You'd be surprised how many physicians with full privileges are recovering addicts with past convictions. (It's not a lot, but it's not so uncommon that I think OP should worry)"

2. "You need to resolve this issue sooner than you think. If you believe there is some danger of not being licensed as a NP, then there is equal danger in not being licensed as an RN -- in both cases the PA nursing board can deny the application. Given that you've had it expunged, you're not a felon. That said, this is worth hiring an attorney who specializes in medical professional malpractice and licensing. And I say that simply because depending on the expungment, you may not be a felon, but there may still be reporting requirements. So while, perhaps, you may not be denied a license, you might be denied a license if you fail to disclose the expungment. Seems stupid, doesn't it? But it's something worth spending $300 or so on an attorney for piece of mind.

And don't call the state nursing board. They're not bound by whatever the person answering the phone says. Hire an attorney, get a written legal opinion.

Specializes in Med/Surg, Ortho, ASC.

You won't find anyone here reaching out with legal advice. This issue is, quite frankly, too important to you personally (or SHOULD be) to rely on the Internet for answers.

Get personal legal advice. I am not an attorney, but I play one on TV. Do you seriously want my advice?

Specializes in Pediatrics, NICU.

I don't have an answer, but your username... :bored:

I agree that you should consult with an attorney to guarantee that you get a correct answer. No one here can give you legal advice. Good luck!

Speak to an attorney familiar with nurse licensure, to find one in your area look on the American association of nurse attorneys (TAANA) website.

Specializes in Medsurg/ICU, Mental Health, Home Health.
I don't have an answer, but your username... :bored:

This was legit my first thought when I saw his username...

attachment.php?attachmentid=21109&stc=1

You are not a nurse, not sure if you have a member either.. nor do I care.

You are asking a legal question, not allowed by the terms of service.

Get a lawyer , and a respectable user name.

I wasn't trolling. I also found this from the mod in a previous post related.

Also would you be able to tell me about this I found it relate to PA portal.state.pa.us site

> 16. what crimes must be reported by the applicant for licensure?

answer: you are required to report any felony or misdemeanor, including any drug law violations in which you were convicted, pleaded guilty, or nolo contendere, or if you received probation without verdict, or accelerated rehabilitative disposition (ard). you also are required to report pending and unresolved criminal charges against you in any state or jurisdiction. you are not required to disclose any ard or other criminal matter that has been expunged by order of a court.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

This thread has been moved to the Nursing Licensure With a Criminal History forum as deemed appropriate.

Please be nice and give this member the benefit of the doubt, folks.

Specializes in Emergency Department.
I wasn't trolling. I also found this from the mod in a previous post related.

Also would you be able to tell me about this I found it relate to PA portal.state.pa.us site

> 16. what crimes must be reported by the applicant for licensure?

answer: you are required to report any felony or misdemeanor, including any drug law violations in which you were convicted, pleaded guilty, or nolo contendere, or if you received probation without verdict, or accelerated rehabilitative disposition (ard). you also are required to report pending and unresolved criminal charges against you in any state or jurisdiction. you are not required to disclose any ard or other criminal matter that has been expunged by order of a court.

This is exactly what you should discuss with a lawyer that's knowledgeable and experienced in dealing with licensing boards, in particular, nursing, for that state. Just make certain you have a true and correct disposition of your particular case. Hopefully you (and/or your lawyer at the time) still have the paperwork in hand just in case there's something incorrect in the State's database regarding your case's disposition. You may very well need that info in the future, potentially for the rest of your life.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
Listed below is two users on Reddit legal sub on their opinion. Please I'm looking for more opinions too. Thank you guys again!
It is a violation of this site's terms of service to exchange legal advice. You need to obtain your legal advice from an attorney who is qualified to provide consultative services for the issues you have. Good luck to you.
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