Jump to content

License application concern

Posted
by NewgradRNOR NewgradRNOR (New) New

Hello,

Im going to graduate in 3 weeks andapplied for licensure in Indiana. I had a few arrests previously in Indiana and got them all dismissed. They are not showing up on my background check. There was one arrest I forgot about from when I was living in Florida. I was arrested for battery in 2013 that ended up as Nolle Prossed. I was able to convince the state attorney I was innocent of any wrong doing. I was advised it would be dismissed since charges were not pressed because of the new law. The board contacted me and said I was failing the FBI side of the fingerprint. They said I need to submit a statement and court documentation. I did this last week. I asked for an update and she said she had to send it to the compliance director to review it. She stressed that I should have submitted the paperwork requested and she doesn’t know if my statement will be enough. I did submit it as it was attached to the statement. I haven’t heard anything back.

I’m stressed out! Will I get denied because of a charge from 7 years ago that was dropped by prosecutors? I’m not sure what is taking so long.

Nurse SMS, MSN, RN

Specializes in Critical Care; Cardiac; Professional Development. Has 10 years experience.

You might. It's hard to say. If you answered "no" to a question about arrests and then this turned up, that is what they will be most concerned about.

I didn’t intentionally fail to disclose it. I was advised it would be expunged due to the nolle prossed. The application only asked for arrest and convictions that were not expunged. It was an honest mistake.they have still yet to respond back.

Hoosier_RN, MSN

Specializes in dialysis. Has 28 years experience.

Even expunged records show up on healthcare (especially nursing) background checks. So sorry that you're going through this. Sending positive vibes. Once you get through this ordeal, in the future, always be forthcoming as healthcare does more in depth searches. I've had to turn away a few applicants after background checks turn up things that were expunged. Expunged only takes it from public view/legal consideration for other cases. It still lurks in the legal realm

So, every documented run in you've had with the law is forever on your FBI rap sheet and the BRN background checks through the FBI. While old and/or dismissed/expunged charges may not show up on your local/state background they will definitely show up on your federal background check. Having forgotten about them or to report them is not going to look any better because you should know what run ins that you've had and you can always access your court documents through your counties records. Honesty is always the best policy and especially when your career is riding on it.

I had an 8 year old DUI. I was told by the board prior to applying that they "wouldn't wreck my life over a single mistake" but, not to establish any kind of "pattern behavior, meaning more than once" otherwise I would never be licensed. I'm in CA which is from what I understand far more strict than most other states.

I submitted my application with letters of recommendation/reference, a psych eval, proof of drug and alcohol counseling, and the most remorseful letter possible without being desperate and cheesy. It took 18 months to become licensed. They tried to issue a provisionary license, I fought it. I passed my NCLEX in 70 questions. Doesn't matter.

I am sorry you've made this course of mistakes and wish you all the best. Hopefully Indiana isn't all that strict and your charges aren't sex/violence/drug/theft/fraud related. I don't know what that leaves. But be the nicest most remorseful person possible and start sending in reference letters ASAP, it also helps to show proof of rehabilitation or any kind or education relative to your charges.

... If your states application doesn't care about expunged charges, you should be a-okay 🙂

20 hours ago, Tigerfly82 said:

... If your states application doesn't care about expunged charges, you should be a-okay 🙂

The application specifically asks for arrests and convictions that have not been expunged. Indiana law does not allow the board to consider expunged charges. I also received a letter from the FBI stating all chargers were removed per request of state of Indiana. The only thing I had was a charge in Florida from 8 years ago. I was in a bar fight. I only protected myself. The case was nolle prossed. I was advised that it would be sealed but apparently it wasn’t. This makes it look like I was lying on my application. They still haven’t contacted me after I submitted the court documentation and personal statement. I’m really anxious and stressed.

Did you receive a notice yet? I am currently going through something similar in Illinois. I didn't even realize I had anything in my background to disclose and apparently I have misdemeanors from Indiana when I was in my Undergraduate at IU. They are from underage drinking and all happened with in 6 months of each other. I had never been in trouble with the law before these "tickets" (I thought they where just tickets since I paid and did pre-trial diversion programs). I also have never been in trouble with the law since these situations. To top it all off, these happened 13 years ago! I literally am at a loss because these have never come up in my background before and I've held several jobs in healthcare. I have worked for non-profits and even did clinical at the Veterans Association. Not a SINGLE time did anyone stop and tell me I was failing to disclose anything. If I knew I had something to disclose, I would of done it right away...I have nothing to hid!

Nurse SMS, MSN, RN

Specializes in Critical Care; Cardiac; Professional Development. Has 10 years experience.

I know that a lot of BONs are operating at super slow speed due to Covid and that these things take quite a while to go through all the steps even in the best of times. I am so sorry for your stress and I hope you get resolution soon.

5 hours ago, Lisamarie3 said:

Did you receive a notice yet? I am currently going through something similar in Illinois. I didn't even realize I had anything in my background to disclose and apparently I have misdemeanors from Indiana when I was in my Undergraduate at IU. They are from underage drinking and all happened with in 6 months of each other. I had never been in trouble with the law before these "tickets" (I thought they where just tickets since I paid and did pre-trial diversion programs). I also have never been in trouble with the law since these situations. To top it all off, these happened 13 years ago! I literally am at a loss because these have never come up in my background before and I've held several jobs in healthcare. I have worked for non-profits and even did clinical at the Veterans Association. Not a SINGLE time did anyone stop and tell me I was failing to disclose anything. If I knew I had something to disclose, I would of done it right away...I have nothing to hid!

I haven’t heard anything as of yet. I have contacted the board and they said they are reviewing my submitted personal statement and court documentation to see if a personal appearance is necessary. I contacted Florida and they are attempting to fix the issue but I doubt it will happen anytime soon. I have passed the background checks for employment and school and this never showed up. The charge was never placed so I don’t know why I’m even getting flagged. Per Indiana Law:

“Not later than November 1, 2018, a board, commission, or committee shall revise its licensing or certification requirements to the extent necessary to explicitly list the crimes that may disqualify an individual from receiving a license or certificate under this title. The board, commission, or committee may not:

(1) use nonspecific terms, such as moral turpitude or good character, as a licensing or certification requirement; or

(2) consider an arrest that does not result in a conviction.”

I received a message today from the director of compliance. She asked me about an incident that is not on my background report. I have no idea what she is talking about because it didn’t involve me. I sent them my copy of my background that was provided to me from them. I only have the one Nolle Prossed charge on it. She didn’t asked about it. This entire ordeal is strange.

I was contacted by the board today. They were looking at the wrong file regarding the incident not related to me. The charge in Florida that was Nolle Prossed wasn’t even considered an issue. They approved my background and now I’m just awaiting my certificate of completion from my school then I’m good to go.

Hoosier_RN, MSN

Specializes in dialysis. Has 28 years experience.

6 hours ago, NewgradRNOR said:

I was contacted by the board today. They were looking at the wrong file regarding the incident not related to me. The charge in Florida that was Nolle Prossed wasn’t even considered an issue. They approved my background and now I’m just awaiting my certificate of completion from my school then I’m good to go.

Good luck on your new journey!

The question asks "Do you have...?"

The question does not ask "Have you had...?"

I’m not sure what you are trying to say. How I interpreted your comment, you are incorrect. The application states:

Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court,
(1) have you ever been arrested;
(2) have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony
in any state;
(3) have you ever been convicted of any offense, misdemeanor, or felony in any state;
(4) have you ever pled guilty to any offense, misdemeanor, or felony in any state; or
(5) have you ever pled nolo contendre to any offense, misdemeanor, or felony in any state?

Nonetheless, my application was reviewed and cleared. I have no issues.