Jump to content

should I disclose this to the California BON?

Criminal   (2,888 Views 10 Comments)
by raindrop raindrop (Member)

13,204 Visitors; 561 Posts

advertisement

I'm applying for licensure in CA. I was arrested in Illinois when I was 17. The sweet age of 17 is considered an adult age in Illinois, so needless to say, I was fingerprinted, etc, etc. Luckily, all charges were dropped.

When I applied for Illinois licensure, I ran into probs with the BON. I then had my arrest expunged by an Attorney. The only reason the BON questioned my application was because they found record that I was fingerprinted at some point in 1995. The Attorney also sent the Illinois BON a letter explaining that I was NEVER convicted, that all charges were dropped, no penalty fee was paid, etc, etc. I had my license within a week.

THE CA BON wants to know about any convictions, even if expunged. Well, I was NEVER convicted, so should I still disclose this? I am reluctant to do so, because it can prolong the process by 8-12 weeks. Since everything pertaining to the arrest was expunged (including my fingerprints), I don't think it is necessary.

Share this post


Link to post
Share on other sites

mb1949 has 2 years experience and specializes in med surg home care PEDS.

6,360 Visitors; 402 Posts

How exactly is the application worded, does it ask for arrests or just convictions, if you weren't convicted you can honestly say no. However if I were you I would call the BON and ask them how to handle it. I know it holds up your license but better safe than sorry.

Share this post


Link to post
Share on other sites

PacoUSA has 7 years experience as a BSN, RN and specializes in PCU / Telemetry.

43,897 Visitors; 3,417 Posts

I say YES, disclose it. Would you rather wait 8-12 weeks or be denied forever because you did not disclose what you should have? Don't play semantics without checking with BON before you apply, that is the best option.

Share this post


Link to post
Share on other sites

9,965 Visitors; 686 Posts

Maybe seek legal advice about this? I don't get the reason for expunging something if later on it will show up and always be present.

Share this post


Link to post
Share on other sites

mb1949 has 2 years experience and specializes in med surg home care PEDS.

6,360 Visitors; 402 Posts

Unforetunately the boards of nursing have accessed to all types of systems including one that I can't remember the name of but if you had anytype of contact with the police it will show up, except for tickets etc. Expunging should technically get rid of any record, always remember to get your fingerprints back if you get an expungement or a dismissal. But talking to the BON is always a good idea, they will give you honest guidance.

Share this post


Link to post
Share on other sites

9,965 Visitors; 686 Posts

BON is not your friend. Its job is to safeguard the general public from you if you do something that is not so good. Perhaps you're better off seeking legal advice.

Share this post


Link to post
Share on other sites

dmiller77 specializes in LTC, Hospital, Mental Health.

816 Visitors; 9 Posts

I would just disclose it. Chances are that they will send you a letter asking why you were fingerprinted, and you will have to tell them anyway. As it was expunged, it is still up to the discretion of the board whether or not they will use it as a factor in deciding whether or not you get your license. They have access to the same information that the IL BON has, and they will find it. It's better to be honest and fess up. Not disclosing could be the difference in whether or not you get your license. In my state (KS) people have had license denials for much less.

Share this post


Link to post
Share on other sites

NRSKarenRN has 40 years experience as a BSN, RN and specializes in Vents, Telemetry, Home Care, Home infusion.

5 Followers; 10 Articles; 159,931 Visitors; 14,475 Posts

Since you had issues getting ILL license, when CA queries ILL re licensure status.issues, info will show up. Gather info that was submitted to ILL, including iany correspondence received from IL BON submit with your CA application to help move process along.

Share this post


Link to post
Share on other sites

LIZZIE1027 has 10 years experience and specializes in FAMILY PRACTICE, PEDIATRIC, ORTHOPEDIC,.

1,040 Visitors; 18 Posts

You definatley need to disclose it, and along with it have your paper work sent along with what exactly happened to the case, I have gone through something similar and even though you exponge your record it is ALWAYS going to show up with federal and state authorities regardless of how petty the crime or if any crime was involved at all. You are better off disclosing and explaining then them finding out you lied. Good luck.

Share this post


Link to post
Share on other sites

NRSKarenRN has 40 years experience as a BSN, RN and specializes in Vents, Telemetry, Home Care, Home infusion.

5 Followers; 10 Articles; 159,931 Visitors; 14,475 Posts

See: CA License Discipline and Convictions

Reporting License Discipline and Convictions

"Conviction" includes a plea of no contest and any conviction that has been set aside or deferred pursuant to Sections 1000 or 1203.4 of the Penal Code, including infractions, misdemeanor, and felonies. It is not necessary to report a conviction for an infraction with a fine of less than $300 unless the infraction involved alcohol or controlled substances. However, any convictions in which a plea of no contest was entered and any convictions that were subsequently set aside pursuant or deferred pursuant to Sections 1000 or 1203.4 of the Penal Code must be disclosed. "License" includes permits, registrations, and certificates. "Discipline" includes, but is not limited to, suspension, revocation, voluntary surrender, probation, or any other restriction.

The following information must be provided for each license discipline or conviction sustained:

A detailed written explanation describing the circumstances and events that led to your arrest(s) and conviction(s), including: date and place of arrest; arresting agency; court where case was heard; and sentencing information, including fines, courses, counseling, restitution, probation, parole, community service, and jail or prison time.

Documents relating to the arrest, such as: police report, arrest report, booking report, complaint, citation or ticket.

Documents from the court, such as: Notice of Charges, Complaint, or Indictment; Plea Agreement, Sentencing Order, Probation Order, or Judgment; Dismissal, Probation Release, or Court Discharge.

Any related mitigating evidence or evidence of rehabilitation that you want to provide.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
  • Recently Browsing 0 members

    No registered users viewing this page.

×