Hello this is my first post and I need some advice. I recently applied to a
hospital in florida. Everything was going good during the hiring process. The hopital was starting me of at 22.70+1.50 diff from 3pm -7pm, I was suppose to be working a 12 hour 7p-7a shift. I already signed my commitment contract saying I will work at the hospital.
Everything was going good until the results of my background check came in. I was charged with a felony, illegal use of a credit card in 2001 before I started nursing school. Adjudication was witheld so I was never formerly charged and had I to do community service.
The guy in human resources was extremely rude to me today for no reason. He told me my contract was rescinded and I would not be hired due to my court case.
On my application it asked me if I was ever charged with a felony, I checked no because I was never formerly charged.
I urge you to get an FBI fingerprinted background check on yourself, and also get a background check through the state police of the state in which the offense occurred, to see what is on them. Don't rely on an internet background check; those aren't reliable as it depends on what databases they are searching. Background checks through the FBI and state police will have the deciding information about you, and these are the databases state licensing boards, such as California's, will search before licensing you. Many private background check companies search state police records.
I also strongly, strongly urge you to find an attorney to advise you on this. You have to resolve your record as much as possible. Ask about an expungement and sealing of your records and get started on this process pronto if you are elgible. If you are not elgible for this, ask about a governor's pardon to expunge your records. It will be worth the investment of $$$$ many times over. Look at the money spent on attorney's fees as necessary for your career as spending on your nursing school tuition. Also ask the attorney how to deal with human resources and find a job in the meantime. S/he will have positive suggestions for you on how to handle this situation.
The best of luck to you. None of us is perfect and you certainly deserve a chance to prove your worth.
I would try to contact someone in human resources at the place that you applied (besides the other person who notified you). I would explain the situation and ask him if it shows if you were actually charged with the felony. I would try to get more of an explanation.
Then, you could know whether to check the box yes or no when asked.
I would do everything in your power to get that expunged from your record. You can look up the way your city/county does it by typing up expunge and the city you were arrested in. It all depends if it was county officials or city officials. It is a process, but totally doable. If you feel like you should hire an attorney, then you should consider spending the money to do it.
In the meantime, let your future employers know when you apply for the job and explain things.
I have heard from someone at my school that does background checks of the students (when assigning them to clinical settings), that the one crime that employers do not like (besides the crimes that bar us from becoming caregivers) is theft.
Good luck to you and keep trying to overcome the hurdle.
Specializes in Critical Care, Emergency, Education, Informatics.
Get an official criminal record check from the state you had the problem in. Don't necessarily trust anything you get over the internet. For your own records get a copy of the Docket and Final Judgment so you've got it if needed.
I would ask to meet with the human resources director, bring a copy of whatever you checked online that showed no felonies, and explain to them that you did not mean to deceive them, that you honestly felt it was appropriate to check "no" based on the information you had. Perhaps that would help the situation.
Specializes in Vents, Telemetry, Home Care, Home infusion.
your experience is an example of how a youthful indiscretion follows us into adulthood and affects future employment, especially with employers involved in health care who have a higher standard to uphold due involvement in medicare and medicaid funding which have regulations to protect these programs against fraud.
the application for florida license includes this criminal history section:
8. criminal history
have you ever been convicted of, or entered a plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense? you must include all misdemeanors and felonies, even if adjudication was withheld.
driving under the influence (dui) or driving while impaired (dwi) is not a minor traffic offense for purposes of this question. (review questions & answers section in instructions.) yes no if you answered yes, please send a typed or printed letter with arrest dates, city and state, charges and final dispositions/ if you were convicted of a felony, were your civil rights taken away? yes no if yes you must show proof your civil rights have been restored. you must have arrest and court records of final disposition for each offense listed. your application will not be considered complete until these records are received. if the records are no longer available, you must have certification of their unavailability.
i highlighted the section in red, for based on your post info, you would need to answer yes on your license application. any employment application with this type statement also would need to be answered yes.
by answering no and having a positive background check, you are considered as hiving lied on your application (falsification of record) and most employers will not hire you ---many even have that statement in italics on form.
there is another way of handling this section. instead of checking yes/no, write in margin "will discuss in person." you are not choosing an answer on the form, but willing to discuss situation with hr. it is a red flag to hr department, but considered an appropriate way to handle prior criminal history in many, but not all organizations.
as a hiring manager, i look more favorably on someone who writes this comment, and in interview brings the matter upfront as part of discussion and actions taken to mend ways.
having a letter of reference from college instructors describing college work performance is important to show responsibility and maturity.
in pa, those who performed community service all have a parole officer-- a letter from them adds weight to document fulfilled legal requirements and change of ways.
another thing you need to be aware of is the governments dept health and human services (hhs) office of inspector generals (oig) "[color=#006699]oig exclusion program"
for many years the congress of the united states has worked diligently to protect the health and welfare of the nation's elderly and poor by implementing legislation to prevent certain individuals and businesses from participating in federally-funded health care programs. the oig, under this congressional mandate, established a program to exclude individuals and entities affected by these various legal authorities, contained in sections 1128 and 1156 of the social security act, and maintains a list of all currently excluded parties called the list of excluded individuals/entities.
bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans.
every health care office/facility that participate in medicare/medicaid is required to perform sanction check review to see if staff have any criminal convictions in this database. http://exclusions.oig.hhs.gov/search.aspx
a positive listing means person unable to be hired by health care facility.
students/graduates are often unaware that if they default on student loans or do not list criminal history on board of nursing applications + board of nursing takes action, that they are unable to be hired due to government regs.
there are serious legal implications here. under federal employment law, if you have a positive criminal background check, the hiring facility must show you the document so you can determine if information is correct or not.
please consult an attorney to best help you review previous legal issues.
Seany, don't you already have your license? I assumed you did, since your name was SeanyRN. What did you check on your license application? Did the board find anything on your background check?
Seany, don't you already have your license? I assumed you did, since your name was SeanyRN. What did you check on your license application? Did the board find anything on your background check?
I believe if you were honest from the start, you probably would have had the job. Next time you go to look for a job, you need to let them know that you made some poor choices in 2001 and you regret what had happened and you are a different person now. No one is perfect, so they would understand. Hopefully, you will get a job. Good luck to you.
Thanx for the quick replies. My school did a background check before I started school and advised me I could have problems with employment. I did use the credit card illegay. I found it at a gas station and bought gas with it. But the proscuter said if I paid back the money for gas and various court fees they would drop the charge to adjudication witheld. So when on future job applications would you suggest me to check I was charged with a felony?
How did you get caught? Were you on a surveillance tape and they tracked you through the DMV? Just curious.
Hello this is my first post and I need some advice. I recently applied to a
hospital in florida. Everything was going good during the hiring process. The hopital was starting me of at 22.70+1.50 diff from 3pm -7pm, I was suppose to be working a 12 hour 7p-7a shift. I already signed my commitment contract saying I will work at the hospital.
Everything was going good until the results of my background check came in. I was charged with a felony, illegal use of a credit card in 2001 before I started nursing school. Adjudication was witheld so I was never formerly charged and had I to do community service.
The guy in human resources was extremely rude to me today for no reason. He told me my contract was rescinded and I would not be hired due to my court case.
On my application it asked me if I was ever charged with a felony, I checked no because I was never formerly charged.
What do I do? Can anyone give me any advice?
what did you check on the app for your license? Question #8
your experience is an example of how a youthful indiscretion follows us into adulthood and affects future employment, especially with employers involved in health care who have a higher standard to uphold due involvement in medicare and medicaid funding which have regulations to protect these programs against fraud.
...
another thing you need to be aware of is the governments dept health and human services (hhs) office of inspector generals (oig) "[color=#006699]oig exclusion program"
every health care office/facility that participate in medicare/medicaid is required to perform sanction check review to see if staff have any criminal convictions in this database. http://exclusions.oig.hhs.gov/search.aspx
a positive listing means person unable to be hired by health care facility.
students/graduates are often unaware that if they default on student loans or do not list criminal history on board of nursing applications + board of nursing takes action, that they are unable to be hired due to government regs.
very good info, thanks nrskarenrn. the red emphasis is mine - i think it's important to remember that in many cases where there is a past conviction (thought that may not be the case in the op's situation) the facility doesn't really have a choice - they can't hire you without risking losing the ability to be paid for their services through medicare, medicaid, etc. and i understand that many private insurers including some very large ones also have language in their regulations that is similar to the federal regs.
I know why this thread hit a nerve with me. I have 3 cousins who have spent time in prison. All were using cocaine or other drugs (non-violent offenses). They spent years in prison and have now been out of prison for at least 10 years each. They have a terrible time getting even the most basic menial jobs. They cannot vote. As convicted felons, they are not allowed to vote. It burns me that they were sent to prison because they battled addiction issues and now cannot get decent jobs or even vote.
Anyway, my heart tugs for you and I wish you well. You'll be ok. Many of us have done things like you did. It's just that you got caught.
Your cousins should write the secretary of state for the state that they live in. Most states have a process for restoration of civil/voting rights. Unfortunately, some states make it very difficult for felons to regain voting rights. (There are 2 states that actually allow prisoners to vote while incarcerated.) Personally, I don't think that voting rights should ever be lost.
Selke
543 Posts
I urge you to get an FBI fingerprinted background check on yourself, and also get a background check through the state police of the state in which the offense occurred, to see what is on them. Don't rely on an internet background check; those aren't reliable as it depends on what databases they are searching. Background checks through the FBI and state police will have the deciding information about you, and these are the databases state licensing boards, such as California's, will search before licensing you. Many private background check companies search state police records.
I also strongly, strongly urge you to find an attorney to advise you on this. You have to resolve your record as much as possible. Ask about an expungement and sealing of your records and get started on this process pronto if you are elgible. If you are not elgible for this, ask about a governor's pardon to expunge your records. It will be worth the investment of $$$$ many times over. Look at the money spent on attorney's fees as necessary for your career as spending on your nursing school tuition. Also ask the attorney how to deal with human resources and find a job in the meantime. S/he will have positive suggestions for you on how to handle this situation.
The best of luck to you. None of us is perfect and you certainly deserve a chance to prove your worth.