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Discussion

Misdemeanor charge effects

So, I am thinking about entering a Nursing program, however I do not want to do so if there is a good chance I won't get licensed.

Here's what I have. In 2007, I plead guilty to Misdemeanor Trafficking of Marijuana, 1st Offense. I subsequently completed an outpatient drug rehabilitation program with random drug screening and went on to complete a BA (graduated in 2008) and an MA (graduated in 2011). I have had nothing else since this, and would able to have it expunged in 2014. What do you guys think? Would this keep me from getting licensed and/or would it have an impact on my employment prospects?

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At my program, and I believe this is likely to be how it is at all programs, once you are accepted into the nursing program you must submit a background check and drug test. When I went to get my packet of information I was told that if anything came back on the background check or drug I would not be allowed to attend. So the issue as I see it, is not "will you get licensed" but can you even get to the point of being able to get licensed - ie: get into nursing school.

Every program and every state is different. Speak to the director of the program you are interested in applying for, and contact your state board of nursing. I know nothing about the law, but if you can get it expunged I don't see why you wouldn't eventually be able to get into a nursing program.

  • Expert

They are three separate entities that look at your record independently, and likewise make their own independent decisions. The fact that a school may accept your record and admit you doesn't guarantee that the BON will accept it and issue you a license. Likewise, if you do get licensed by the BON, that doesn't mean an employer has to accept your criminal record and hire you. And as the prior poster said, you have to find a school willing to accept your record in order to get this process started in the first place.

I think that the hardest part is getting the license, because for most--if not all BONs--you are required to disclose expunged, sealed, juvenile and/or dismissed charges. You should contact your BON--anonymously if you prefer--for more information, but keep in mind that most BONs won't give you a final decision on whether you'd be licensed until you actually apply for licensure.

As far as individual schools and employers go, you'd have to check with them to see what they require disclosure of. Also, you should contact any programs you want to apply to see discuss your record and your candidacy.

Of course, seek a lawyer's advice if you have any concerns about how to answer questions. It goes without saying that a lawyer is a must when dealing with the BON, as the BON is not your friend.

Best of luck.

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