My Two Cents When Applying to California with a Criminal History

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Like every single one of you looking at this thread, I have been stressed out, worried, and have had this lingering feeling of doom hanging over my head. Are my dreams destroyed? Did I waste all of my time doing this for nothing? Is that thing I did when I was 19 or 20 years old really going to keep me from getting my license in California? Well, here are my thoughts. And again, this is just MY opinion.

Are you dreams of being an RN in California destroyed? Well, I hate to say it, but probably so. But again, this depends on how far you want to go with nursing and what type of nursing you want to do. If you don't mind paying 15 thousand dollars to meet the probation requirements, being monitored and having your hand held like a baby, having negative remarks permanently branded on your license, waiting up to TWO YEARS AFTER graduation to get a RESTRICTED license, don't mind the very real possibility of being unemployed for a very long time, and taking the jobs that no one else wants, then read no further; this thread is not for you. But for the rest of you, who want to start your career without all of this bull crap, continue reading.

We all know by now that getting SOME sort of license is very doable...but is it worth it? UNLESS you have a job lined up and they have no problem hiring you while you are on probation, and you don't mind the negative remarks and the three year sentence, then NO, it is ABSOLUTELY not worth it. At all. Unless you are one of the few who have an in with someone, you might as well throw your BSN in the garbage, because the inconvenient truth is that MOST hiring managers will toss your application in the trash the second they find out you have a restricted license. That's the cold hard truth of it all. And to get off probation, you have to be EMPLOYED.

And just to remind you, the BRN examines everything on a case by case basis. I'm sure you've read or heard of a student nurse with a misdemeanor or a dui getting their unrestricted license. Sure. This happens. After about a year to two years. And most of these students have hired a lawyer for THOUSANDS of dollars. Do you really want to do that? Spend two years of your life waiting, working at Star Bucks with a BSN, and dumping money into attorney fees? I don't know about you, but I don't.

Ok, so what do we do Carl Winslow? How can we possibly avoid this? Well it is very simple. Apply to another state.

California is one giant mess. Argue with me all you like, but aside from beaches, this state is a giant dump as far as I'm concerned. And it is no surprise, that this goofy state is probably one of, if not THE hardest state to get licensed in. I mean just look at all of these posts, Ca, Ca, Ca, Ca, Ca...all California. Doesn't that strike you as odd? I've heard about people having a dui TWENTY years ago and then being denied or put on probation. Isn't that insane? Yes, yes it is insane. And you don't have to put up with it.

The second you apply to California with a criminal history, they are more than likely going to deny you initially. Then over the course of months or years, they will discuss your stipulated agreement, which as I said before, is a f'ing joke.

What does this do? Well, for EVERY SINGLE state you apply to there on after, you MUST disclose that you have been denied a license or that your license has been restricted...for the rest of your life you have to answer this question when applying to other states. This stain is there forever.

Now, your life is already complicated enough without having to tell the board that you were denied a license. Answering yes to this question does not immediately bar you from getting licensed in another state, but it is one more hurdle and one more red flag you're going to have to deal with...so why do it at all?

But, aren't other states more or less the same? NOPE. NO WAY.

California states that even if your case has been dismissed, sealed, or expunged, you HAVE to disclose this. Total bull right? Yeah, well other states think so too. After spending countless nights worrying and stressing, I found that ALMOST every other state says, "If your case has been expunged or dismissed, you do NOT have to disclose this to the board". Do NOT have to disclose that you shoplifted at 18 years old, do NOT have to tell them about your DUI you got when you were 22 years old if it was expunged; how great does that sound? Pretty great if you ask me.

Other states also do not care about non felony offenses beyond 5 or 7 years.

Texas for example, even considers misdemeanors committed at the age of 22 or younger as "acts of youthful indiscretion". Meaning that they get it, when your young your dumb, and when your dumb, you do dumb things. So you actually have some sort of answer right away. Have you ever called the Ca BON? My god, it's a nightmare, no one can tell you anything and you'll get a different answer every time you do call.

Indiana also passed a law prohibiting licensing boards from denying licenses because of expunged records.

http://in.gov/legislative/bills/2013/HE/HE1482.1.html

I doubt you want to read through all of that but here's the gist of it:

Sec. 10. (a) It is unlawful discrimination for any person to:

(1) suspend;

(2) expel;

(3) refuse to employ;

(4) refuse to admit;

(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or

(6) otherwise discriminate against;

any person because of a conviction or arrest record expunged or sealed under this chapter.

(b) The civil rights of a person whose conviction has been expunged shall be restored, including the right to vote, to hold public office, to serve as a juror, and, to the extent not prohibited by federal law, to own or possess a firearm.

© In any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?".

So, if you are unlucky enough to have a criminal history, don't give up hope! Just give up on California. Wasting your money and time is NOT worth a stipulated agreement, and it is not worth having permanent blemishes attached to your license.

If you are able to get your misdemeanor expunged, do it NOW. It is pricey though, I got my two DUI's done for 1500, but it is totally worth it! Also, once you're licensed guess what? You NEVER have to say you were convicted of a crime on any job application. Also, it is illegal to even ask about expunged records.

Again, this is my opinion and I wanted to let you all know that you AREN'T doomed! Your dreams of becoming a nurse are still very much alive! This is going to be my course of action when I graduate. You can roll the dice on California if you'd like, but I for one am going to take the sure thing and apply in a state I KNOW I won't have issues with.

I can't speak for every state, as I have not researched every single state, but do some research. You'll find that a lot of states aren't like California.

As for me, I'm either looking at Texas, Arizona, Massachusetts, or Pennsylvania. These all seem like really cool states to live in, and have whole lot more going on than my little podunk California town.

Best of luck to you, don't give up and keep fighting the good fight! Cheers!

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Great post as I am currently in my last 4 weeks of my ADN program and just recently been pulled over for a DUI in California. My court date is in a week and I got a lawyer in hopes of a somewhat good outcome.

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Hello, I totally understand the feeling of doom you are talking about. However I want to counter the gloomy conclusions of your post. I had a DUI in 2002 and was stressed and worried for the last 2 years while I was in my BSN program. I had no idea if the CA BRN was going to let me test and get my license. Well today I got the green light from the BRN. They aren't punishing me in any way. I have outlined what I submitted to them in a separate thread it is just awaiting approval til it posts. I hope my experience can help others. I know I had a lot of late nights on this board reading through all the posts about DUIs and I was worried. But all is well now, just waiting for my test date and I'm good to go.

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One more thing I want to add...I got my DUI expunged in 2010 and paid nothing. That's right nothing. I did not hire an attorney which is totally unnecessary. I filed the paperwork myself and got a waiver on the filing fees because my income was under the allowed limit. It was super easy and it didn't take very long for the whole process. I found the instructions online and it was pretty straight forward.

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Congrats on your success story! How long did you have to wait to be able to test and hear back from the board? Did they deny you initially then had you send in your paper work and mitigating evidence? And did you get a lawyer?

As I mentioned in my initial post, every case is done on a case by case basis. What worked for you may not be the case for someone else. From what I have gathered, for every success story, there are about 20 people who get screwed. And if you were denied initially, that stays with you forever. Also, if you had to wait an adequate amount of time to be able to test, this is also not worth it IMO.

Naturally there is every possibility that someone can apply to the CA BRN and be approved without issue; however, it is a gamble. There are no set rules or guidelines that can accurately determine if you will or wont be granted a license; it is all in the hands of the board and the only way you can find out is by applying. One person may have a DUI and get the green light, another with the same circumstances will be stopped, denied, and put on probation, effectively ruining his/her career. This is the issue and this was my main reason for posting this topic.

As I stated, these were my personal opinions, and I for one do not like to gamble with my future or my career. I just wanted to inform others that there are numerous states that you can apply to and have a 100% chance of getting an unrestricted license.

Being on probation is for all intense and purposes career suicide and it is an awful experience. Applying to the CA BRN is a coin flip almost. For me, if there is even a 10% chance that I will be put on probation, I'm not doing it.

My circumstances are also different than yours: I have TWO DUIs. I highly doubt the CA BRN is going to let me skate by. And in the event that I am granted an unrestricted license, the BRN has told me that it may take between 8 months and 2 years to reach a conclusion. Getting a license a year or two AFTER graduation is also not worth it to me.

So, I just wanted others to know about their options. As wonderful as it is to hear your success story, there is no way I am going to chance it with California. The person I spoke to from the BRN said that the safest bet would be to work in another state, then apply for endorsement to CA a few years down the road. This way even if I am denied, it will not affect any of my current state licenses.

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This sounds like a wonderful idea. As I understand it, wacko California is the toughest state to get licensed in. What I'm wondering is, what if I were to take my pre-reqs in Cali and do the LVN program in Cali, but applied for and took the INCLEX in either Oregon, Washington, or Nevada? would I have a much more secure chance of getting approved in those states?

I only have a single expunged misdemeanor conviction, so perhaps my greatest chance for success would be to try that?

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Yeah you can go to school here, graduate here, then apply to which ever states you want when you take the NCLEX. It's the same test regardless of the state, you just pay a fee to apply to the states you want. Look into each of the state boards, but from what I have heard, Nevada is relatively easy to get licensed in. Nevada only asks about CONVICTIONS, so, technically since it has been expunged, you were never convicted. But I would call to double check on that. I know that when you are applying for jobs and they ask about convictions, you can legally say no, I don't know if state boards function the same way. I'd call and ask to make sure. Basically, every other state will be easier than California. I would call the states you are interested in and ask if you have to disclose expunged/sealed records. Even if they say yes, odds are you will still be fine granted enough time has passed and they weren't felonies.

Most states are looking for recent charges and particular types of crimes like drug abuse, theft or distribution of narcotics, abuse, elderly abuse, child abuse/endangerment/neglect, things that ACTUALLY relate to the nursing profession.

Like I said, this is just my opinion and I'm going to apply to the states that I KNOW don't require me to disclose expunged records or that only care about felonies and recent charges.

Wish I had a more definitive answer for you, but each state is different. Though you would be hard pressed to find one more difficult than California. Best of luck!

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One more thing I want to add...I got my DUI expunged in 2010 and paid nothing. That's right nothing. I did not hire an attorney which is totally unnecessary. I filed the paperwork myself and got a waiver on the filing fees because my income was under the allowed limit. It was super easy and it didn't take very long for the whole process. I found the instructions online and it was pretty straight forward.

Did the same thing!! i filed for petition of dismissal through mail and attached the fee waiver form to it lol hoping they would accept it. called two weeks after to see if they have received my mail, they gave me a hearing date. MISSED IT! I called a week after to see if the judge approved or denied my petition. the lady from the court told me that the judge approved it! YAAY! now, i'm just waiting for the letter saying that my case is dismissed!

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Did the same thing!! i filed for petition of dismissal through mail and attached the fee waiver form to it lol hoping they would accept it. called two weeks after to see if they have received my mail, they gave me a hearing date. MISSED IT! I called a week after to see if the judge approved or denied my petition. the lady from the court told me that the judge approved it! YAAY! now, i'm just waiting for the letter saying that my case is dismissed!

If you can, every time you get a case expunged, follow up with a live scan record review to be sure that your record has been updated with DOJ. although they are require to update your record within a frame of time after court approves your expungement. they don't always do so. it's always better to check.

if it's not updated, a form that comes with your live scan record review is included, just fill that out along with the court expungement papers and they will update it for you.

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If you can, every time you get a case expunged, follow up with a live scan record review to be sure that your record has been updated with DOJ. although they are require to update your record within a frame of time after court approves your expungement. they don't always do so. it's always better to check.

if it's not updated, a form that comes with your live scan record review is included, just fill that out along with the court expungement papers and they will update it for you.

Don't I have to pay for live scan though? If ever, how long should I wait till I follow up with them? I mailed in my petition 10/5. Court hearing was on 10/31. Thanks for letting me know by the way.

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give DOJ atleast 60 days before you do a live scan record review. although they are "require" to update within 30 days, i have heard of many cases where the petitioner finds out years later that it has not been updated. it will cost you $30-$50 for live scan record review. , but its a peace of mind that youll get and in my opinion, well worth of the money. and also you can be certain that nothing else is on your record that dont belong there.

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Yeah you can go to school here, graduate here, then apply to which ever states you want when you take the NCLEX. It's the same test regardless of the state, you just pay a fee to apply to the states you want. Look into each of the state boards, but from what I have heard, Nevada is relatively easy to get licensed in. Nevada only asks about CONVICTIONS, so, technically since it has been expunged, you were never convicted. But I would call to double check on that. I know that when you are applying for jobs and they ask about convictions, you can legally say no, I don't know if state boards function the same way. I'd call and ask to make sure. Basically, every other state will be easier than California. I would call the states you are interested in and ask if you have to disclose expunged/sealed records. Even if they say yes, odds are you will still be fine granted enough time has passed and they weren't felonies.

Most states are looking for recent charges and particular types of crimes like drug abuse, theft or distribution of narcotics, abuse, elderly abuse, child abuse/endangerment/neglect, things that ACTUALLY relate to the nursing profession.

Like I said, this is just my opinion and I'm going to apply to the states that I KNOW don't require me to disclose expunged records or that only care about felonies and recent charges.

Wish I had a more definitive answer for you, but each state is different. Though you would be hard pressed to find one more difficult than California. Best of luck!

Are "charges" a problem, or just the final "conviction"? Because a lot of the time, including in my case, people are charged with a whole lot more than what they're finally convicted of.

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