LPN License Rejected Due to Failure to Disclose Criminal Arrest

[PaSSiNGaS, MSN]

Sorry, but if I was the working for the BON and saw this I wouldn't believe you. No offense, but someone doesn't just forget that they received misdemeanors on their record regardless of it being in your 20s which isn't far off from how old you're saying you are. I would own up to it all and just submit the all the needed paperwork and hopefully they will let it go.

[Allgood2016, LPN, LVN]

First off; I am 64 years old. I was already licensed as an LVN. Second; I had taken care of everything in Texas. Third; I was in my mid 50s when everything showed up.

As I said I had all of the paper work; and, was able to prove that I had done what was needed, per the court.

So, if you don't believe; or do; isn't important. What is; to me; is that I was an LPN/LVN for over 40 years; and, I loved every minute of it.

[marples]

TheScarecrow said:

Dismissed charges and any arrests WILL be revealed, but OP never said anything about expungement/expunction. He simply said his charges were dismissed, which has nothing to do with record expungement.

TheScarecrow said:

I just came here to say, not a lawyer but I'm going to share this anyway: [Properly] expunged records should never show up on an FBI background check because expunged records technically no longer exist. And if a mistake is made during the expungement process - which can happen and you have no control over it - hopefully you kept your "receipt" because it's the only proof that you're going to find that you ever expunged it in the first place (what record? ?). To summarize, you are under no legal obligation whatsoever to disclose expunged records to any licensing agency.

Whoa not true, please do not spread this false information it could be harmful.  I have my FBI fingerprint report from before AND after my expungements and all of the convictions are still on the report.  The only difference is the disposition for the convictions has now changed, indicating the conviction was expunged.  Having an expungement does NOT remove the conviction from the FBI report.  Expungement allows you to legally check the "no" box for criminal convictions with private employers.  It will also allow you to pass a private company background check (all three I have had done for school/jobs come back clear now).  The California BRN does require you to disclose an expungement because at one time it was in fact a conviction.  While it is in your best interest to keep the certified/stamped copy of your expungement document, this however is not the only copy.  Last week I went to the courthouse to make copies of minute orders, and each case file at the courthouse in fact had a certified/stamped copy of the expungement as well.  Expungements are wonderful and useful in the private sector, however the government, military, and state licensing agencies will ALWAYS be able to see your record, expunged or not. 

[KalipsoRed21, BSN, RN]

On 8/13/2020 at 8:49 AM, Nurse Beth said:

Somehow as nurses we think that our state's Board of Nursing or Board of Registered Nursing stands for us, and advocates for us. They don't, and when it comes down to it, they are not our friend. They exist to protect the public.

Professional organizations such as the ANA should strongly lobby for our interests and set position statements, like the AMA does. Unfortunately the ANA doesn't always meet expectations.

At the very least, join your specialty professional nursing organization. Currently I belong to the Association of Nursing Professional Development (ANPD), Infusion Nurses Society (INS), Academy of MedSurg Nurses (AMSN), and ANA. I get invaluable information from each.

Members of AMSN, for example, have a chat board and they talk about up-to-date topics, much like here on allnurses. It's affirming somehow to see that other hospitals/nurses have the same struggles and share information.

Apologize for the topic drift ?

Nope, I don’t want the Board to be my buddy. I want them to hold us accountable....to protect the public. But agreeing that nurses who have an overwhelming work load can’t practice safely isn’t “being on our side” that is protecting the public. Ensuring that reasonable process and standards for the profession are kept by nurses protects the public.Revoking licenses based on EXTREMELY old small crimes greater than 10 years is a more stringent standard than even the Police have to maintain. Micromanaging and excessive punishment doesn’t protect the public, it does quite the opposite. It allows a governing body to unjustly reduce the workforce on abstract grounds and their own self righteous standards. And it also allows a body to unjustly reduce citizens rights based on the Board’s determination of what is/is not good for the public without any evidence base. I don’t need the Board to be my friend, I need them to have reasonable standards that don’t impede on my rights as a citizen.

[Sour Lemon]

2 hours ago, Allgood2016 said:

First off; I am 64 years old. I was already licensed as an LVN. Second; I had taken care of everything in Texas. Third; I was in my mid 50s when everything showed up.

As I said I had all of the paper work; and, was able to prove that I had done what was needed, per the court.

So, if you don't believe; or do; isn't important. What is; to me; is that I was an LPN/LVN for over 40 years; and, I loved every minute of it.

The person you responded to appears to have been responding to the original post, not yours.

[Geosurfsup]

The Illinois Dept. of Financial & Professional Regulation posts this message on its website,  www.idfpr.com  and  I've deleted many choices from the drop down lists.

JB Pritzker, Governor

Deborah Hagan, Secretary of the Division of Professional Regulation

Welcome to ILDPR.  The mission . . .  by ensuring that licensure qualifications and standards for professional practice are properly evaluated . . .

---

Notice Regarding Sealed or Expunged Records

Individuals applying for a license, certification or registration under an Act administered by the Illinois Department of Financial and Professional Regulation Click here for more information.

For Further information regarding the IDFPR's Division of Professional Regulation please click here.

Individuals applying for a license, certification or registration under an Act administered by the Illinois Department of Financial and Professional Regulation are not obligated to disclose sealed or expunged records of a conviction or arrest. Posted in compliance with PA 100-0286   January 2, 2018.

The Dept is required to uphold the Safer Foundation Principles.

https://saferfoundation.org/Safer-Policy-Institute/Policy-Center/Barriers-to-Employment-and-Reentry

[beachynurse, ASN, BSN]

marples said:

Whoa not true, please do not spread this false information it could be harmful.  I have my FBI fingerprint report from before AND after my expungements and all of the convictions are still on the report.  The only difference is the disposition for the convictions has now changed, indicating the conviction was expunged.  Having an expungement does NOT remove the conviction from the FBI report.  Expungement allows you to legally check the "no" box for criminal convictions with private employers.  It will also allow you to pass a private company background check (all three I have had done for school/jobs come back clear now).  The California BRN does require you to disclose an expungement because at one time it was in fact a conviction.  While it is in your best interest to keep the certified/stamped copy of your expungement document, this however is not the only copy.  Last week I went to the courthouse to make copies of minute orders, and each case file at the courthouse in fact had a certified/stamped copy of the expungement as well.  Expungements are wonderful and useful in the private sector, however the government, military, and state licensing agencies will ALWAYS be able to see your record, expunged or not. 

Just curious, what if it's not a conviction? The charges were dropped because the complainant lied to protect himself from being charged with a felony, and the person who was charged improperly was able to get the charges/arrest expunged? 

[AVC24]

The0Walrus said:

WOW! This is EXACTLY what happened to me! LOL if the author reads my comments I hope it brings her some peace.

I got cited for 500.00 for failure to disclose and I still got my RN license from the NJ BON. So far I have gotten my NY RN license, my bachelor's degree and got into the DNP program. I got hired into the psych unit at my hospital and have worked per diem at another psych unit in a hospital ranked in the top 10 in the state.

If they're like the NJ SOB... I mean BON.. they're looking to know why you weren't up front and they need to know these were resolved because they don't understand logic. They don't understand people make mistakes and leave it at that. The fine isn't annoying it's the fact that they hit your license with that disciplinary action and moving forward it's on your record. Fortunately, all the hospitals I've worked at and nursing homes never said anything about it.

As for bringing it up to the nurse managers that you would have a disciplinary action I haven't brought it up and they haven't brought it up to me. I'm not trying to hide anything. You can see it. It's public record, but I don't bring it up because it has nothing to do with patient safety. Actually, it did get brought up one time at one nursing home and I told them what happened. They said "is that it?" I'm assuming that since my criminal record was clean and drug record was clean they didn't bring up the disciplinary action.

Just give the BON whatever paperwork they're asking for, they may need a letter of why you didn't disclose it, pay the fine and be on your way. It's upsetting, but if it's like the NJ BON, which to my understanding is very difficult you should be fine. Good luck!

This post is old but I am hoping you see and can answer me. I recently applied for NJ RN license initial application. I checked "NO" for prior convictions because I did not have any. When the FBI check came back it flagged an arrest that occurred when I was 18yo. My mother physically assaulted me then went to the police station the next day to teach me a lesson. I was arrested, finger printed and released. I never paid bail or spent a night in jail. The messy family dynamic caused me to block this from my memory. Fast forward almost 20 years later, I get a flag on FBI search. The charges were dismissed but now the NJ BON wants to know why I failed to report this. I honestly could not recall this incident and the timing made me unsure if I was 18 or a minor when it occurred. I submitted all documents (police report, dismissal and personal statement) they then requested an additional statement from me to answer why I said NO. I submitted everything this week but I am fearful they will deny my application for something that occurred 20 years ago and was dismissed. Could you share more about your experience with NJ BON during this process as I am worried I just spent thousands of dollars on an education that I will not be able to use.