LPN with misdemeanor charge involving paint on couch cushions

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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Hi, I'm an lpn and have a misdemeanor charge (paint on couch cushions that I purchased for family member in 2021-I wasn't arrested) and in the process of getting my record expunged. (1st time ever getting in trouble, not even a ticket and I'm 66 !) I have to come out of retirement for financial reasons. Will it be difficult to get a job as a school nurse or do you have any recommendations for jobs/companies that are lenient to misdemeanors?

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Specializes in Tele, ICU, Staff Development.

The misdemeanor must be reported to your state board or LPN licensing/regulating body, expunged or not. But that wasn't your question, and hopefully, you've already taken care of that.

I don't know if getting a job as a school nurse will be difficult with a misdemeanor.

Typically, employers cannot ask about expunged records, but public schools are government agencies, and government agencies can access sealed documents. 

Likewise, expunged crimes do not appear on routine employment background checks (although they do appear on state board background checks).

Coming out of retirement as an LPN with a misdemeanor charge can present some challenges, but many employers are understanding, especially for minor offenses and for someone with your experience. Here are some suggestions:

  • Consider small home health or private-duty nursing agencies. They may conduct fewer background checks than larger organizations. They may focus more on your skills and experience.
  • Healthcare staffing agencies. Some agencies specialize in placing nurses in temporary or contract roles. They might be more lenient with minor offenses, especially if you're a good fit for a position.

  • Dialysis, in general, is known for accepting nurses with criminal records.

Be transparent. If you are asked about your background during interviews, be honest, but keep it concise. Emphasize your skills, experience, and what you've learned from your past.

Reach out to former colleagues or local nursing organizations. They can often provide leads on jobs that may not be widely advertised and may also offer insight into employers' attitudes toward misdemeanor charges.

Consider consulting an attorney who specializes in nursing and employment law in your state. You can find an attorney through the American Association of Nurse Attorneys. There's also a Licensure: Criminal History forum here for all nurses that may be helpful.

Overall, focus on your strengths and your value as a seasoned nurse. Good luck!

Nurse Beth

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