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MD BON requesting court records

Criminal   (5,204 Views 10 Comments)
by rnjessie rnjessie (New Member) New Member

991 Visitors; 8 Posts

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Hi,

I just wanted to find out if anyone has any experience with passing their NCLEX-RN and then the BON reviewing their application for licensure.

When I first applied to the MD BON for licensure, I checked the box stating I have never been arrested or convicted, etc...I only did this because I consulted a lawyer who said I didn't have to - I investigated his response and agreed with him - I wish I hadn't now.

So they sent me the ATT and I sat for the boards, and Finally passed!

But now, the BON found something in my background check and they requested all court documents from an incident in Jan 2009.

The incident was a misdemeanor for petit theft and it ended up being expunged later that year. I went to counseling and was on meds and even went to support groups.

Anyway, I am currently in the process of having the court send the BON my expungement letter, but from what I hear, the BON has the final say in deciding to issue me a license or not.

I'm so concerned...I worked for 10 yrs on this and made a stupid, very stupid, mistake, and I just really, really want my license.

If anyone could provide any words of wisdom or advice, it would be appreciated!

Thanks so much!

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3,271 Visitors; 144 Posts

I've never heard of anyone actually being allowed to take the boards, passing, and then having the BON find something on their record!

That being said, I've heard that it can be really, really difficult to get the BON to issue you a license if you marked 'no' on the application and they later find out that you do have a record - they consider it to be a form of fraud and are usually unwilling to issue a license after that. I recently spoke to the Iowa BON about my record and they told me that even if your record/conviction was expunged or sealed, you still have to check 'yes' and submit copies of the record to the BON.

That being said, you might have a better chance because your conviction was expunged. They may understand that you made a mistake and didn't realize that you were supposed to check 'yes'. If I were you, I would obtain some kind of record from your counselor and if possible, some kind of record that you went to the support group. You may also want a letter of recommendation from your Instructor as well as a statement written by you - stating how you've changed and why you did what you did. You will want court records as well, because I doubt that the expungement letter will be enough - they don't care that your conviction was expunged, they want to know what the conviction was and all that.

Good luck!

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991 Visitors; 8 Posts

My lawyer and even the judge said I didn't have to check "yes" so that's why I didn't...I hope they don't think I fraudulently did it on purpose!

Also, I called the BON and they said all they want is the expungement letter, but I feel like I should send in more information...I don't know what to do?

Should I write a statement, get letters of rec, counselor notes, all that stuff if all they requested was the letter...? I've already called them several times, and asked if they needed a statement, but they said, "just the letter."

I'm just so worried!

Thanks for responding.

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sixty3dayswithSarah works as a SAHD for a few years... Wanting to go back to work.

7,893 Visitors; 137 Posts

HI, maybe I can get an answer here? I am embarrassed to say, but, I was arrested 18 months ago. I was not hand-cuffed or anything, but I was put into a cell, finger-printed and photographed. The charge was filing a false police report. The reason was because I rescinded my complaint when I felt threatened by the individual I had filed the complaint about. So, I had to go to court, the charge was knocked down to a "violation" and I was given a $600 fine. Question, will this effect me now as far as advanced practice? I recently completed a background check and it came back clean? But, that was without finger prints. Any help is welcomed! Thanks you!

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373 Visitors; 1 Post

@rnjessie Im in the same position as you. I've gotten advice from my lawyer who has also told me that it is okay to check "no" because my record is expunged. After reading your post amongst others I am thinking that I should probably check "yes" instead. I have tried to called MD BON and im having a hard time reaching them to ask them. If you have any advice while going through this application process i would be so grateful.

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991 Visitors; 8 Posts

Hi Jess!

I would definitely recommend checking "Yes."

It would most likely save you a lot, a lot, a lot of time. Is this for your NCLEX application?

I have been waiting 4 weeks now to get a reply from MD - should be today or tomorrow. So I would definitely be up front about the situation...because expunged records DO show up on the FBI background check or the CHRC - what MD BON does.

Trust me, I researched endlessly!

Anyway, this also gives you time to gather your court records, which may be quite difficult considering it was expunged. There is a expunged/sealed records office in every state - you may need to call them. That is why it has taken so long for me...because I didn't have any documentation. After they receive everything from you, it should, and I repeat, Should, only take them a week to approve you.

I'll keep you updated on my status.

Good luck and God bless!

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4,085 Visitors; 235 Posts

I think it is so wrong that they are able to see expunged records. What's the point of getting anything expunged if they can still see it? That being said, I would get a letter from the lawyer who told you that you could check 'no' on the application and send that in along with the expungement papers.

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BabyLady works as a RN.

14,595 Visitors; 2,300 Posts

i am not giving legal advice, but i am going to give general advice.

folks, many people on here do not understand the purpose and concept of a legal expungement.

courts grant legal expungements to people that have committed crimes for the purpose that you do not have to check "yes" if you have ever been convicted of a crime. this is so the person that has received the expungement does not have to be further penalized in lost job opportunities, etc.

unless an application...and i mean any legal application, job, security clearance, etc....specifically states that you have to include expungements, you are legally entitled to state that you have not been convicted of a crime.

examples of job applications that you have to include expungements for are typically the military, police departments, some levels of security clearance (the higher levels), or some federal jobs.

however, job applications are legal documents and must state if they require you to list an expunged conviction and the requirement must be supported in law.

folks, records that are sealed in expungements are not even available generally to the person that they belong to...so the very fact that the op can even get the documents at all is a miracle. most courts will refuse to release the records without a court order requiring them too..b/c the courts consider it that serious to release an expunged record. if a court clerk does it in error, the court clerk can lose their job.

the op did the right thing...she sought legal advice and was advised correctly.

those of you that are posting, "omg, honesty is the best policy! i wouldn't have checked 'no'.."....have no idea of how a legal expungement is supposed to work.

just like if you are convicted of a felony, the court will tell you that as a convicted felon, you cannot deny being convicted of a felony to any police officer or judge if asked about your background...same thing with an expungement, it legally entitles you to not disclose the conviction once you have completed required directives by the court.

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sirI has 30 years experience as a MSN, APRN, NP and works as a FNP/WHNP(E)/Educator/MedLeg Consul.

12 Followers; 18 Articles; 135,786 Visitors; 12,952 Posts

It all boils down to your own BON.

No one here can advise appropriately as it is individualized and rests solely on the BON handling of the situation.

Some information given is erroneous and that is why allnurses.com strictly states that you must follow the BON and seek legal counsel.

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sirI has 30 years experience as a MSN, APRN, NP and works as a FNP/WHNP(E)/Educator/MedLeg Consul.

12 Followers; 18 Articles; 135,786 Visitors; 12,952 Posts

To the OP, you stated:

I called the BON and they said all they want is the expungement letter

Once again, follow the directives of your BON and seek legal counsel if necessary.

We cannot offer any more advice.

And, we wish you well.

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