Im worried, I have one dismissed DUI on my record

Meriwhen, ASN, BSN, MSN, RN · May 21, 2013

When it comes time to apply for licensure, you need to talk to the Texas BON and find out what you need to disclose about your criminal record. I know my BON wants to know about arrests even if the charges were dismissed. Texas may or may not want to know about yours.

I strongly recommend having an attorney help you with the application process, especially if the Texas BON wants you to appear in person to chat about your criminal record. The BON is NOT the nurse's friend--their primary focus is the safety of the public, not launching the career of a nurse with a criminal record. You need someone at that hearing whose primary focus is you and your career...hence the attorney.

As far as expungement goes...expunging a conviction will help with a lot of things but will not help you sneak a conviction past the BON. Most if not all BONs require disclosure of expunged convictions; if you fail to do so and they find out about it, it can result in your licensure being denied or revoked. However, I'm not sure if you can expunge an arrest and dismissal from your record. You will need to ask an attorney about that.

Best of luck.

Smith5 · May 21, 2013

Okay but I'm not trying to expunge a conviction, because there was no conviction. I just have a dismissed case I want to expunge.

Meriwhen, ASN, BSN, MSN, RN · May 22, 2013

Okay but I'm not trying to expunge a conviction, because there was no conviction. I just have a dismissed case I want to expunge.

Like I said, I'm not sure if you can expunge a dismissed case--you need to ask an attorney. Even if it's possible, you may still need to report an expunged dismissal to your BON.

Smith5 · May 22, 2013

Like I said, I'm not sure if you can expunge a dismissed case--you need to ask an attorney. Even if it's possible, you may still need to report an expunged dismissal to your BON.

Do you think i will be denied a license over a dismissal?

Meriwhen, ASN, BSN, MSN, RN · May 22, 2013

No way to predict that, sorry. Only the BON can answer that...you could try asking them (do it anonymously if you prefer) but they usually prefer to wait to give an answer until you actually apply, because they review each case individually.

IMO, I think a dismissal isn't too bad and I can't see it holding you back. However, I'm not the Texas BON.

Jory, MSN, APRN, CNM · May 22, 2013

Like I said, I'm not sure if you can expunge a dismissed case--you need to ask an attorney. Even if it's possible, you may still need to report an expunged dismissal to your BON.

I agree that you need to find out if you can get the arrest and case expunged, but it will depend on how many years it has been. If it happened many years ago, your chances are pretty good, especially with the profession you are about to enter.

However, if it happened a few months ago, it is very doubtful.

The application itself, will tell you everything you need to list. It is not rocket science. Depending on the state you live in, for example, in my state, it only asked for CONVICTIONS. A neighboring state wants to know about arrests.

Expungements, are simple: If you were given a legal expungement, that gives you the legal right to answer "no" to the question "have you ever been convicted of a crime?".

Exception: Again...READ the application. For example, I live in a state where if you apply for a regular RN or LPN licensure, it only asks for convictions. However, if you are an NP and want prescriptive authority? The application SPECIFICALLY requires you to even expunged records...I was told by a friend of mine that used to be on the BON many moons ago that the purpose was to make sure that someone didn't have prior drug convictions or a history of violence.

Your state may be different. Again, the application will tell you what you need to know and what you need to disclose, you need to read it carefully. If it asks for arrests, then you list it. You don't add a supplemental section if they don't ask.

We still live in a country where you are innocent until proven guilty...a dismissed case is nothing to be ashamed of...if there was enough evidence you would have been convicted.

Smith5 · May 22, 2013

Thanks for the advice for Jory!. By the time I apply to take NCLEX, it would have been 5 years since I had it dismissed. I will stay positive!

MsKris_CarolinaGirl · May 24, 2013

I'd get it expunged ASAP!!! A clean record is the best record to have

morte, LPN, LVN · May 24, 2013

even expunged, has to be reported to BON...

Jory, MSN, APRN, CNM · May 24, 2013

Thanks for the advice for Jory!. By the time I apply to take NCLEX, it would have been 5 years since I had it dismissed. I will stay positive!

You are welcome. Just remember the BON will tell you what they require on the application. If they don't ask for it, they won't need it.

Just remember that if the application does ask for arrests, the worst they are going to do is ask for an explanation. Since it doesn't deal with drugs or violence, I would find it very, very hard to believe that your license could be denied on a criminal record that you technically don't even have and a charge you were never found guilty of.

I am the biggest worrier on the planet and if this were me, I would NOT sweat this.

Esme12, ASN, BSN, RN · May 24, 2013

moved to nursing with criminal history for best responses.