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Misdemeanor assault charge. Will this prevent me from being licensed when I finish my program?

Updated | Posted
by LPNStudentOhio LPNStudentOhio (New) New Student

Has 2 years experience.

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Hey everyone! I am new to this side and absolutely love it. I found it very informative. I was excepted into an LPN program and I start in March. The program last 11 months. Long story short, back in 2016 I was involved in a fight at a bar… I was attacked and defended myself. We both ended up getting arrested, and charged with fourth degree petty assault. This happened in Kentucky and it is a misdemeanor charge. I can have this charged expunged after five years which I plan on doing, October 17 will be the five-year mark. I was very upfront and honest about this with the coordinator of the program, I was able to be  accepted to the program but she said it could cause me issues being licensed once I graduate the program and take the  NCLEX. 

I should be able to go to court and have the charge expunged before I even finish the program. But the coordinator of the program said that even with the charge being dropped that the board of nursing could still decline my application to be licensed license.

I was just wondering if anyone has experienced anything similar? And if so what was the outcome?

I was under the impression that when a charge is expunged it no longer shows up on your record. Any input would be greatly appreciated.

I wanted to be nurse my entire life and the opportunity finally worked itself out, but I do not want to go through the program if I’m not going to get licensed.

Thanks  for taking the time to read my post! Any input is greatly appreciated 🙂 

ThursdayNight, CNA

Specializes in Wiping tears. Has 3 years experience.

I'd call the director of the nursing program who accepted me about the case, and the state--BON--I'm in. 

What I know, I wouldn't be able to get into the program if I have a history of assault or abuse with the law.

Frankly, I don't know really. You should consult with the lawyer.

Edited by ThursdayNight

I just did a quick search and the Ohio BON, as of 2019, doesn't say one way or the other if something is disqualifying (barring 11 felonies they specifically name  Here) and require an actual application. Seems silly coming from a state where schools require prospective students to get an "all clear" from the BON prior to enrolling, but hey that's Ohio's way. 

I say still give the BON a call as only they know for sure and my answer is purely one of the first Google results I found (not from your state).  

But if Ohio BON is anything like most other licensing bodies, a single misdemeanor from 5 years ago (and potential to be expunged) shouldn't be much of an issue, especially coming forward with it rather than hiding it. 

LPNStudentOhio

Has 2 years experience.

Thanks. I was accepted into the program, they did a regular background check and an FBI background check. The director of the program accepted me since the charge was not a felony but said there could be issues with being licensed once I finished school. I had mentioned to her that I have every intention of getting it expunged as soon as the 5 year mark hits but she says that expunged charges still show up on her the BON does a background check. IDK. I’m almost half tempted to put my start date off until the January 2022 class, that way my charge is expunged before I even start the program. Just really don’t want to go through this program and not be able to use the training at all. I’ve worked at a hospital (in an IT setting) since having this charge and didn’t have an issue getting hired, however, I applied for an IT position with a call center and even though I had the degree and experience the assault charge caused them to rescind the offer of employment after the background check was complete (I was upfront about the charge from the beginning, the HR person said that misdemeanors were on a case by case basis). Blahhh. My heart is telling me to go ahead and proceed with the program but my anxiety is causing me to doubt myself quiet a bit. 

It's an 11 month program, meaning it will finish Feb 2022. The earliest you'll apply for state licensure / NCLEX will be March 2022.  If you think your file will be expunged by March 2022, and that's all that is causing hesitation, then I saw start the class now so you don't lose out on the time. 

 

On 2/6/2021 at 4:38 PM, LPNStudentOhio said:

Thanks. I was accepted into the program, they did a regular background check and an FBI background check. The director of the program accepted me since the charge was not a felony but said there could be issues with being licensed once I finished school. I had mentioned to her that I have every intention of getting it expunged as soon as the 5 year mark hits but she says that expunged charges still show up on her the BON does a background check. IDK. I’m almost half tempted to put my start date off until the January 2022 class, that way my charge is expunged before I even start the program. Just really don’t want to go through this program and not be able to use the training at all. I’ve worked at a hospital (in an IT setting) since having this charge and didn’t have an issue getting hired, however, I applied for an IT position with a call center and even though I had the degree and experience the assault charge caused them to rescind the offer of employment after the background check was complete (I was upfront about the charge from the beginning, the HR person said that misdemeanors were on a case by case basis). Blahhh. My heart is telling me to go ahead and proceed with the program but my anxiety is causing me to doubt myself quiet a bit. 

IMO, Proceed with the program. I know someone with a sightly similar situation. They successfully expunged their record all while being enrolled in their LVN program. Attended the court date over the phone for a previous crime committed in another state. She is doing swell now, licensed in CA and has no regrets! Has been working for 4 years now. 
 

Yes, still report to the BON once complete with school. They will find out, so just be honest. The check they perform can see expungements. They may have you write a impact statement of sorts to explain “why” the crime occurred and “how” you have rehabilitated yourself. Important to highlight changes you’ve made & how committed you are to not making the same mistake. 

 

Expungement is doable even without a lawyer if you do the research and footwork (calling courthouses and consulting about steps needed & costs—you may even qualify for a fee waiver, ask many questions) and you can file all on your own. My friend did it all herself, for free LOL but not everyone is so lucky or knows this is possible. Now, with assault...you may have an issue. I know some one with a petty theft charge who tried to become a CNA, and couldn’t become certified d/t the misdemeanor. Until they got it expunged! 

 

Without the expungement, you will surely have issues working with elderly, children or sitting for NCLEX. (Schools may still except you but the problem lies with taking the NCLEX) My friend is in CA. I’m in school to be an LVN myself, but wanted to share what I know. Good luck, regardless!

Edited by luckycharmSVN
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