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Misdemeanors that are expunged

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by kbrownie kbrownie (New) New Nurse

kbrownie specializes in RN.

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Question. I got arrested on accident (long story) on a misdemeanor offense while vacationing with family. I just slapped my husband when he got in my face and police saw the text where, in the moment, I apologized, and arrested me for it. They were absolute jerks considering hubby has 100 lbs, a foot, and a bigger temper than me. My lawyer is working to have charges dropped and expunged from the record. What’s the protocol with the board? Particularly Louisiana. I’m so worried that because they caught me on such a BOGUS charge they’ll rake me across the coals. I didn’t even do anything wrong. I was scared and just wanted him to get out of my face. Any advice welcome. 

First offense, no priors, perfect record otherwise. I’m heartbroken I even have to worry about this. 

Edited by kbrownie

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Jory has 10 years experience as a MSN, APRN, CNM.

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This highly depends on the state where you are living.

A legal expungement gives you the right to not disclose the arrest nor the conviction...but....there are exceptions.  

I don't live in California, but if you look closely at the BON application for RN, it clearly states you are to disclose any expunged record.  You don't have a choice in that matter.  I do know that other states have similar rules.  Just read the BON application carefully and only answer EXACTLY what it asks for.  Don't offer more information than it requires.

Other states, will simply ask:  "Have you ever been convicted of a misdemeanor or a felony?"  If they only ask that question and don't ask you to include expunged cases, you can answer "No" to that question, and move on.  

If the charges are truly dropped you only have to worry about the arrest.  If they get dropped you haven't been convicted of anything, but the arrest may still be on record. 

I had a classmate when in nursing school that had an expunged record.  It is important that you run a background check on yourself prior to filling out any applications to make sure the charge AND the arrest are expunged (these are two separate processes). 

The problem with technology is that once an arrest/charge is uploaded to several databases used by employers (the BON uses the state criminal database and FBI records, they don't use private background investigation companies), even after it is expunged, it can take months to remove it to where it will not show up when you apply for a job.  

If you get a conviction, you won't get an expungement until after you finish a probation period, if the judge orders it, because technically, it is part of your sentence.  

Next time, walk away from a situation when it gets heated.  If he hit you instead, it would be an entirely different story.  Unfortunately when your husband showed the officer your text message, he technically doesn't even need your husband to testify at a hearing as the officer can just testify as to what he read.  

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kbrownie specializes in RN.

2 Posts; 67 Profile Views

5 hours ago, Jory said:

This highly depends on the state where you are living.

A legal expungement gives you the right to not disclose the arrest nor the conviction...but....there are exceptions.  

I don't live in California, but if you look closely at the BON application for RN, it clearly states you are to disclose any expunged record.  You don't have a choice in that matter.  I do know that other states have similar rules.  Just read the BON application carefully and only answer EXACTLY what it asks for.  Don't offer more information than it requires.

Other states, will simply ask:  "Have you ever been convicted of a misdemeanor or a felony?"  If they only ask that question and don't ask you to include expunged cases, you can answer "No" to that question, and move on.  

If the charges are truly dropped you only have to worry about the arrest.  If they get dropped you haven't been convicted of anything, but the arrest may still be on record. 

I had a classmate when in nursing school that had an expunged record.  It is important that you run a background check on yourself prior to filling out any applications to make sure the charge AND the arrest are expunged (these are two separate processes). 

The problem with technology is that once an arrest/charge is uploaded to several databases used by employers (the BON uses the state criminal database and FBI records, they don't use private background investigation companies), even after it is expunged, it can take months to remove it to where it will not show up when you apply for a job.  

If you get a conviction, you won't get an expungement until after you finish a probation period, if the judge orders it, because technically, it is part of your sentence.  

Next time, walk away from a situation when it gets heated.  If he hit you instead, it would be an entirely different story.  Unfortunately when your husband showed the officer your text message, he technically doesn't even need your husband to testify at a hearing as the officer can just testify as to what he read.  

Thank you for your response. My spouse signed papers to have all charges dropped and as far as I’m aware that’s what’s going on. When I was released, I had no bond, was told the charges were dropped, etc. I still have court, but my lawyer will be going in my stead and working towards expunging it from the record. It occurred in Florida but I practice in Louisiana. I don’t want to put myself on the board’s radar unnecessarily but I also don’t want to not self report and have this come up after it “goes away” when I’m up for renewal in a few months. I’ve seen the board take it way too far with lesser issues. 

My job is safe. I’ve left hospitals and corporate life and I’m privately employed by a doctor who is extremely understanding. As far as my spouse and I, we are also fine. It was just a freak accident situation that police got involved to start with, even more freak accident they happened to find out about the slap. We’ve been through counseling and are doing well, but we’re young and growing pains. It wasn’t something that’s our norm.  

It’s very sad that we even have to deal with this. Something that happened in another state on personal time that’s being erased shouldn’t give me this much grief. My spouse and I are fine, it was just typical marital nonsense that got blown out of proportion while on vacation. I’m waiting for my lawyer to go to my upcoming court date but sitting around waiting and uncertain about what to do with the board is scary. 

Edited by kbrownie

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