Lewd & Lascivious Citation - Can I Be A Nurse??

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About 5 years ago, when I was 21, I was out clubbing on the Las Vegas Strip. When I was ready to go home, I decided to wait for my friends in the parking garage of the casino so they could drive me home (I was intoxicated). While waiting, I decided to go pee in the corner of the parking garage, but unfortunately, a police officer saw me and cited me for Lewd & Lascivious Conduct. I was not arrested or anything just cited. The charge was ultimately dismissed and I didn't have to go to court or pay a fine.

Fast forward to today, I am currently interested in pursuing a career in Nursing. However, I am worried I won't be able to get a Nevada State Nursing License or worse - not even get hired at a hospital because of this charge. :(

I saw a lawyer recently in regard to this charge. He said the citation was unreasonable since I was only peeing. I'm going to get that (dismissed) charge sealed.

So my question is, do I even stand a chance of becoming a licensed nurse in the state of Nevada? Would I even be considered for a job at a hospital? If the citation is sealed, would they (the hospital) still have access to the citation from a background check?

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Specializes in PICU, Sedation/Radiology, PACU.

A citation can, and will show up on background checks. Even after it's sealed, the BON will almost definitely still have access to it, and it may still be part of several private criminal record databases. It's very possible hospitals will be able to view it. You will also be asked on any application if you have ever had a criminal conviction or civil judgment and, whether the record is sealed or expunged, you do have to legally disclose this.

Whether or not you will be granted licensure with this conviction will depend on the details of the case, the amount of time that has elapsed since the citation, any other red flags on your application, etc. These decisions go both ways. The licensure with a criminal history forum may give you more insight into the experiences of others. And whether you will be hired with this conviction, if it appears on a background check, depends solely on the discretion of the employer. Consult a lawyer in your state to see whether you have to disclose a sealed record on an employment application.

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If I read this correctly, the charge was dismissed, so there was no conviction. So if they ask on your app whether you have been convicted, you can honestly reply, "No." So I guess I don't understand what there was to "seal." Could you clarify?

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Well I decided to do a background check on myself and the citation is listed on there, but it does say the case was dismissed. If I seal the case, the citation will not be visible to the public (only law enforcement).

I'm just worried if a potential employer sees this, they will automatically reject me. I know the school district is strict on charges like this - even if it is a dismissed citation, they will not hire you. I'm wondering if hospitals are strict like this.

Thank you for replying.

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Specializes in Psych ICU, addictions.
Well I decided to do a background check on myself and the citation is listed on there, but it does say the case was dismissed. If I seal the case, the citation will not be visible to the public (only law enforcement).

I'm just worried if a potential employer sees this, they will automatically reject me. I know the school district is strict on charges like this - even if it is a dismissed citation, they will not hire you. I'm wondering if hospitals are strict like this.

Thank you for replying.

Expungement is worth pursuing as, if it is successful, you may be able to answer "No" to certain criminal history questions for employers. As I'm not an attorney nor can I give legal advice, check with your attorney to see if it would be beneficial for you.

Hospitals have their own standards regarding criminal histories in applicants, so who knows if they'll accept or reject you? The most accurate answer would be to contact the HR department of the hospital you are interested in and ask.

And keep in mind that you would still have to report an expunged/sealed charge to most if not all BONs. And BONs have access to Federal and DOJ records, so if law enforcement will be able to see it, so will the BON. While I don't think a dismissed charge would really impede your getting licensed, be aware that you may have to address it with the Nevada BON when it comes time to apply for the NCLEX.

Best of luck.

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