Misdemeanor Preventing Hiring

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So I got my BSN in May. I applied for a nurse residency job on a Sunday, got a call for a phone screening on Monday, asked for an in-person interview the next day, Tuesday, and was given a job offer two hours after the interview. On Friday, I got a call from a senior HR person who informed me that their offer may be rescinded because of a misdemeanor marijuana charge (disposition was adjudication withheld so not a conviction but not a dismissed charge either) from 2002 that came up as a result of my background check. I did not state it on my application as it was not a conviction, but not stating it is part of what this employer is upset about. 

Moving forward, if this job rescinds their offer and I am continuing my job search, how would you suggest informing employers of my record? If the question isn't asked on the application, do I bring it up during an interview? Is it likely that all employers are going to be concerned about a twenty-year-old, nonviolent crime that I wasn't actually convicted of?

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Specializes in Psych, Addictions, SOL (Student of Life).

How old were you when this happened? My advice will depend on your answer. 

Hppy

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I was 20.

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This is ridiculous, and I’m sorry it’s happening to you. What an incredibly small infraction.

I have a criminal record, lengthier than yours, none of them are drug related, but impairment related. I am not proud of these at all! They were all in the last 10 years as well, and I’m a new RN w/ my BSN and a previous BA degree. 

I after I had a good interview and was extended an offer for the residency program at a magnet hospital, I emailed the recruiter a statement about what she may expect to see on my background check and reiterated that after sustained and sincere rehabilitation efforts, I was granted an unencumbered nursing license in my state and was free to practice nursing in it’s full scope. I ended it by welcoming questions and offering to assuage concerns should she have any. 

I had no issues, she didn’t even respond to my email but I am pretty sure she read it. I think it came down to the fact that I addressed it before the background check was run and was very candid about it all in a professional way. The best way to handle these things, IMO, is to own your story at the appropriate moment. No oversharing or sharing before the needed arises, but a full acceptance of the situation as it was and a reminder that your license is free and clear. You were also very young when this happened, which is helpful too. 

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Specializes in ER.

So many people have used substances but never gotten caught. I'll bet many of the managers and HR people have smoked pot when they were in high school or college. People have tried all kinds of things, including me, but I was very young at the time.

I was against it at first, but I'm glad marijuana is becoming legal. Hopefully the healthcare system can get into the 21st century and allow nurses to do it on their off time. I think they are coming up with more sensitive tests that can tell if you are impaired at the time, instead of being triggered by you smoking pot 2 weeks ago.

The boards of  nursing are still stuck in horse and buggy era with their attitudes towards women.

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4 minutes ago, K. Everly said:

This is ridiculous, and I’m sorry it’s happening to you. What an incredibly small infraction.

I have two actual misdemeanors for DUI and an additional withheld conviction that intermittently does come back on background checks (def. showed up for my BON on the federal check). None of them are drug related, but obviously impairment related. I am not proud of these at all! They were all in the last 10 years as well, and I’m a new RN w/ my BSN and a previous BA degree. 

I after I had a good interview and was extended an offer for the residency program at a magnet hospital, I emailed the recruiter a statement about what she may expect to see on my background check and reiterated that after sustained and sincere rehabilitation efforts, I was granted an unencumbered nursing license in my state and was free to practice nursing in it’s full scope. I ended it by welcoming questions and offering to assuage concerns should she have any. 

I had no issues, she didn’t even respond to my email but I am pretty sure she read it. I think it came down to the fact that I addressed it before the background check was run and was very candid about it all in a professional way. The best way to handle these things, IMO, is to own your story at the appropriate moment. No oversharing or sharing before the needed arises, but a full acceptance of the situation as it was and a reminder that your license is free and clear. You were also very young when this happened, which is helpful too. 

Thank you so much for sharing your experience. I think you handled it in such a smart way and I am so glad that it worked out. I am looking to be proactive but not overdoing any explanations and your strategy seems to do just that.

I have recently applied to two other residencies. One application asked about prior convictions, one did not. It will be interesting to see which I do or do not hear back from.

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Hmmm this is tough, I def would want you to tell them since they can find out anyway. I would also tell them it was a long time ago and I wasn’t convicted of anything.  Really hope they don’t rescind it. Since marijuana is legal now,  they should just give everybody a pass. 

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45 minutes ago, LexiB said:

Thank you so much for sharing your experience. I think you handled it in such a smart way and I am so glad that it worked out. I am looking to be proactive but not overdoing any explanations and your strategy seems to do just that.

I have recently applied to two other residencies. One application asked about prior convictions, one did not. It will be interesting to see which I do or do not hear back from.

Thank you! It’s so hard to navigate, but it’s achievable. In terms of the application itself, I think there was a word count issue and I had to be VERY brief.

I believe I said something like “I have XYZ conviction and a withheld conviction for which I was adjudicated not guilty, but that may still show up on background check. More than willing to discuss details in interview and provide proof of sustained recovery.” 

Obviously your mileage may vary, and there is a strong chance that you’d have to say something different since I actually did have an addiction to alcohol and you just had a weed violation. 

Still, you can do this! And do you really want to work for an employer that is this punitive toward someone for a weed violation at 20 y.o.? They need you more than you need them in this job market! 

 

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Specializes in CRNA, Finally retired.
9 hours ago, LexiB said:

I was 20.

Hire a lawyer (try the American Association of Nurse Attorneys) to get your record expunged.  I think the explanation you wrote for your application is a good one.  IMHO, I think they will see "not convicted" after reading it and move on.

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7 hours ago, subee said:

Hire a lawyer (try the American Association of Nurse Attorneys) to get your record expunged.  I think the explanation you wrote for your application is a good one.  IMHO, I think they will see "not convicted" after reading it and move on.

What subee said. Get a lawyer and they  will get it expunged. I thought my career was down the toilet. But my attorney cleared it from record. Good luck.

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11 hours ago, subee said:

Hire a lawyer (try the American Association of Nurse Attorneys) to get your record expunged.  I think the explanation you wrote for your application is a good one.  IMHO, I think they will see "not convicted" after reading it and move on.

I spoke with an attorney on Tuesday. I am eligible to have my record sealed since it is not a conviction and it would be nice to have the arrest hidden. However, I was advised that a level 2 background check would still show that something was there. Plus, I have a (dismissed) driving on a suspended license from 2004 that will certainly show and the attorney said it would look shady if they found that plus something that was sealed (the 2002 marijuana adjudication withheld). This situation is so frustrating. I haven't had as much as a traffic citation in 15 years!

Does anyone know how I could ask hiring managers or HR people about this (whether or not to seal the marijuana arrest) without burning bridges?

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Specializes in Psych, Addictions, SOL (Student of Life).
6 hours ago, Been there,done that said:

What subee said. Get a lawyer and they  will get it expunged. I thought my career was down the toilet. But my attorney cleared it from record. Good luck.

I don't think the American Association of Nurse Attornies will help with this as the offense in question happened long before the OP became a nurse. This is not an issue of obtaining or preserving licensensure but it is a matter of getting a job. The Op has not answered my question but if the offense happened prior to OP's 18th birthday they can apply to have their juvenile record sealed or expunged. This should be a fairly straight forward process. 

This is all predicated on the idea that OP has not been in trouble since and can currently pass a random UDS. In the meantime I would bring it up with prospective employers at the point when the interviewer asks of the interviewee if they have questioins. I woul dsimply state that a long time ago in a galaxy far far away This thing happened. Stress it was a youthful indescretion, you are working to obtain expungment. Most employer's appreciate candor in these matters.  The one thing you don't want to do is have the BON discover this and throw you into a one-size fits all program that will cost thousands of dollars at the very start of your career. 

hppy

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