Got arrested/detained for Solicitation of Prost.

[Jzt1004]

Hello, I am currently half way done with my RN-Nursing program in California. Not too long ago I was caught in an undercover prost. sting operation. I was given something called neighborhood court in which I complete first offender program and their volunteer hour directive then my case would get discharged (not filed at all). Which would leave me with, only a "detention only" record in my DOJ record "rap sheet" is I guess what they call it. I did not go to court at all because I went to neighborhood court, which is not really a court at all under the criminal justice system.

I have some questions...

1. How hard is it for someone to get a job in a hospital as an RN with no conviction of a crime, just an arrest/detention record? Will employers see this? I know they are not supposed ask me about "arrests or detentions that did not lead to a conviction" but will they see it? Or are they just not allowed to ask me about even if they see it.

2. Can I receive my BSN? What is the process? Remember, I was not convicted or did not enter any plea. I took a pretrial diversion class and case was discharged (meaning: case was not filed by the prosecutor at all)

Thank you.

[La Cubanita RN]

Hi you will still have to disclose the arrest to the BRN but you can just say it was discharged without conviction. They will take into consideration any and all circumstances surrounding your issue the length of time that has passed and any other offences. That's for the board of nursing just to get your license.

Dont be be so sure about the employers not being able to ask they absolutely can. They asks have you ever been arrested and if so what was the outcome? Yeah that one burgers me I have my record expunged but they still get to know anyway kinda sucks.

Yes you you can get your bachelors as long as you have your RN it won't be a problem

[Jzt1004]

Thank you Gizelle,

So I was not arrested but detained (detention only) so apparetly I can just say "No" to the question "have you ever been arrested?"... just wondering, for your case were you arrested?

[Jzt1004]

Hi Gizelle, can you tell me what you have on your record and your success story? Thank you. I was not arrested, I was detained so I can put "No" on the question" have you ever been arrested?" right?

[chare]

I would not base what I did on the responses you receive on an anonymous internet forum. You readdly need to ask this question of an attorney. After they review the pertinent facts of your case, he or she will be able to advise you as to a course of action.

[Jzt1004]

Gizelle what convictions or criminal history do you have

[elijahvegas, ASN, RN, EMT-P]

If you were only truly merely detained, then I would say no you dont have to answer the question about the arrest. However detainment and arrest are similar but have some significant differences. The fact thst a prosecutor had even the right to take it to trial means charges were initially filed by the police officer

So if your application asks "have you been charged for any crime" youd most likely have to answer yes, regardless if it was dismissed.

People often think detainment and arrest are interchangeable just like expunged/sealed dropped/reduced/dismissed and charged/arrest/convicted. But they all have their own meanings that overlap but can get complex.

If you arent sure whether you were merely detained or actually placed under arrest, if at any point you were read your miranda rights, taken down to the station in handcuffs, or spent some time in the city or county jail you were pretty much arrested. You were only detained if you were given a notice to appear and were free to let go.

Also if you can, run a background check on yourself. Usually until you get that record sealed or expunged, it will still show up on your record regardless if you were acquitted or the charges were dropped.

This is not legal advice. You will be best served seeking counsel from a lawyer. This is just based on some research and common knowledge.

[Jzt1004]

Any other suggestions?

[hj0805]

I was in a similar situation minus the neighborhood court & first offender program. Went to court and the DA ended up not pursuing charges against me. I was able to get my arrest dropped to detention only via public defender's office. After calling the BRN and not being sure if I should report it on my application, I decided to. I submitted all the documents I could along with a letter. I also stated in the letter that d/t the nature of the detention, I wasn't able to get letters of recommendations specific to that. However, I also had a speeding tix I reported & had a letter of recommendation for that. I got a letter from the BRN stating that they received my application & it'd take a bit longer to process d/t my criminal record, but in the end everything worked out. Only that's a bummer is that now I'm applying for my NY license & I'm repeating the process all over again. Good luck!