Legal Q&A regarding CA State Board Requirements

[Delta18]

Hey there, I need to pose a question on the General Forum, because, well I don't know where to exactly place this questions. And I figure it would help people on both the LVN/LPN side and RN side of the fence. If a person is applying for a license in the state of California, they applied and were accepted to take the test, they paid for the test & received a test date, and are set to take the test - BUT they have a "ding" on their criminal background (performed by the board). What are their chances of getting their license, if they pass the NCLEX?

Now, I realize that this is a question that can be answered with a question like, "Well what is the 'ding' regarding." Let's say that the charge was misdemeanor theft (shoplifting) that occurred approximately 2 years ago. It was settled in court. The applicant plead guilty and was given a fine with informal probation. Now, the state board is saying that the person (who openly disclosed this on their app, and submitted the initial paperwork that was requested - the actual ruling from the court; with court documents attached) needs to submit a certified copy of the arrest record, a hand written statement regarding the incident; and paper work from the court indicating that all fees were paid.

I don't know if anyone out there is familiar with California or their state board. But is this something that would SEVERELY impede a person from getting their license? It wasn't a crime of violence or domestic dispute, it wasn't drug related or anything that would have made it a felony. But in the state of California, for those of us that live here, well...they don't do anything small and they take everything to the extreme.

What would a person have to do (other than file the paperwork that they ask for - in the exact manner/timeline indicated by the board) in order to get a better chance at them not "ham stringing" the process?

Any advice? Please!!!!

[caliotter3]

Per terms of service we can not offer legal advice. You will need to pose your questions to the Board, since they are the ones who will handle your case on an individual basis.

[Reno1978, BSN, RN]

No one here can say for sure whether or not this would impact this applicant's license and we can't give legal advice here.

I would say that I hope that the applicant was truthful on their application and checked YES when asked if there's been any conviction other than traffic violations and gave an explanation. Otherwise, it would look awful and may be considered a falsified application, and the applicant would have a lot of explaining to do, I'd imagine.

[Penguin67]

A friend of mine served on the Board of Nursing of another state. She shared with me that all of the special circumstances are looked at individually. And also in reference to when the crime occurred. If it occurred prior to nursing school, and the applicant has been arrest-free since then, things may go well for that applicant. However, if things happen duing nursing school, that shows an adult with no intent to clean up any kind of problem. It really depends on so many individual things that you just can't predict on a forum like this your chances. We advise any nursing school applicant to check with the state board of nursing prior to beginning nursing school, in order to gain their perspective of how they are likely to be viewed as an NCLEX applicant.

Another thing that is crucial is to be honest on the license application. There is a place to disclose any past arrests, and you are usually instructed to attach court paperwork in a sealed envelope. Your program Dean has to sign for you to apply for licensure, but cannot see what is in the envelope, as it is confidential information. It happens more than you may think. Again, be honest. Hiding something that surfaces later to the board is not a good idea at all.

I've written support letters for graduating students to give to the board of nursing for consideration of their license application. They are read by the board of nursing members who are reviewing the individual's case. I can't stress enough that it really is an individual case-by-case consideration, and it is hard to predict anything on this forum. You may want to talk with the legal department at the board of nursing. They are the only ones who have the insight to predict anything.

[Silverdragon102, BSN]

Questions we seem to be encountering more and more often have to do with the effects of a criminal history on nursing licensure:

Is it possible to become licensed as a nurse if you have a criminal history?

Is it possible to become licensed as a nurse if you have a MIP, DUI, or other related charges?

What happens if you are charged or convicted of a crime after licensure?

Can I go to nursing school and/or be licensed if my record has been sealed or expunged?

Will I be able to go to nursing school with a criminal record?

What can happen if I receive a MIP/DUI/DWI or other charge while still in school?

These are questions that the members of allnurses.com cannot answer. The only reliable source of information is your State Board of Nursing.

Moved to the Nursing licensure with criminal history forum