Misdemeanor charge/Not guilty/Pre-trial/Charges Dismissed

Nurses Criminal

Published

After doing a few searches on this site, I have been hard pressed to find a thread with posts pertaining to my particular situation. So here I am ...

I have an arrest and a misdemeanor charge for retail petit theft nine years ago. I pled not guilty, completed a pre-trial diversion, and charges were dropped. No issues before or since then.

I have reviewed my school and state's licensing requirements, but they only discuss "Convicted or plead guilty or nolo contendre to a felony violation regardless of adjudication" and "reserve the right to deny licensure to anyone who has been convicted of a crime other than minor traffic violations." Although my school requires submission of court documents with the initial application, after being told I am provisionally accepted, they are now asking for the documents again ... and I'm a little nervous.

I have worked in a physical therapy clinic (administrative), been licensed by the state to adjust claims previously, and am currently employed with a state department working with those these very laws and rules are in place to protect. BUT, to get this job I had to appeal my case because they initially rescinded my employment offer for this reason.

I am writing to hear from those working in the field who have similar histories. Charged but not convicted. Is it really close to impossible to find employment? I'm reading in these posts that it's easier to get hired in more liberal states then my own (Florida).

I can't see myself as anything but a nurse but there are posts stating basically quit now and save yourself trouble ... but these posts are for those convicted. Thoughts?

Up Vote Up Vote ×

Well I don't know if this helps but I'm a LPN who was charged with DUI in AZ in 2005. I had already had my license for 6 years prior with clean criminal record. My license renewal came up and I was asked to list and criminal convictions or pending cases that I had. I honestly disclosed my criminal history and sent back my renewal form. A few weeks later I got documents in the mail from the state board asking for documents related to my case. I ignored these requests a couple times and the third time I believe I called to find out why they needed this information. Needless to say, I sent everything they requested and later had to meet with a private investigator from the nursing board. He reviewed my case, I had a public hearing with the nursing board and consenquently received a "letter of concern" on my license. Long story short the PI told me if I had not voluntarily disclosed my criminal history and not been cooperative, they would have given greater consequence. I am still able to practice nursing without any restriction, but I am almost certain I have been turned down a few positions because I have admitted to a misdemeanor conviction on the application.

Up Vote Up Vote ×

As far as the government is concerned a PTI (which contains you completing a "probation"ary act) constitutes a defacto guilty plea. Even though the charges were dismissed, you can be held for having had a guilty plea. Far better to disclose than not.

I have had charges flat out dismissed without the PTI so those are real dismissals (ie: no record of 'conviction'). If an employer or BON asks for convictions only, I do not disclose those dismissed charges. However, I do have 3 misdemeanor "theft by check" convictions. I had no trouble getting my license or 3 jobs (plus additional offers) since then.

I do not agree with the poster above. In many states, if they DO find this charge + PTI and you didn't disclose, you could find yourself in a heap of a world of hurt.

Disclose what you must, have all documents available for the Board. With regards to an EMPLOYER check, that dismissed charge should not appear. Personally, I would disclose to the BON, but not the employer....but that is *me*.

Up Vote Up Vote ×
As far as the government is concerned a PTI (which contains you completing a "probation"ary act) constitutes a defacto guilty plea. Even though the charges were dismissed, you can be held for having had a guilty plea. Far better to disclose than not.

I have had charges flat out dismissed without the PTI so those are real dismissals (ie: no record of 'conviction'). If an employer or BON asks for convictions only, I do not disclose those dismissed charges. However, I do have 3 misdemeanor "theft by check" convictions. I had no trouble getting my license or 3 jobs (plus additional offers) since then.

I do not agree with the poster above. In many states, if they DO find this charge + PTI and you didn't disclose, you could find yourself in a heap of a world of hurt.

Disclose what you must, have all documents available for the Board. With regards to an EMPLOYER check, that dismissed charge should not appear. Personally, I would disclose to the BON, but not the employer....but that is *me*.

Thank you for the reply. I've noticed your helpful replies on many topics :) I always answer only as much as the question asks. I do not have a problem disclosing to the BON. Just really worried that after the program and after licensing, I may only find myself cleaning bed pans. I've decided to move forward and deal with what may come along. Just sucks that some employers will rescind an offer before asking questions even when their own written policy may not be as strict.

Up Vote Up Vote ×
Well I don't know if this helps but I'm a LPN who was charged with DUI in AZ in 2005. I had already had my license for 6 years prior with clean criminal record. My license renewal came up and I was asked to list and criminal convictions or pending cases that I had. I honestly disclosed my criminal history and sent back my renewal form. A few weeks later I got documents in the mail from the state board asking for documents related to my case. I ignored these requests a couple times and the third time I believe I called to find out why they needed this information. Needless to say, I sent everything they requested and later had to meet with a private investigator from the nursing board. He reviewed my case, I had a public hearing with the nursing board and consenquently received a "letter of concern" on my license. Long story short the PI told me if I had not voluntarily disclosed my criminal history and not been cooperative, they would have given greater consequence. I am still able to practice nursing without any restriction, but I am almost certain I have been turned down a few positions because I have admitted to a misdemeanor conviction on the application.

Just curious and you are welcome to PM me of you prefer, what state are you in and what positions have you held since the incident? I ask bc I'm in FL and although FL seems to be more strict in its native offenders, it's still conservative. Im convinced I'll be better off leaving the state when I finish school.

Up Vote Up Vote ×
+ Add a Comment