NCLEX exam and misdemeanor charge

inutero161 · Aug 16, 2012

I wanted to add that I spoke with my mother about it and she advised me that they would not deny my license due to my record being expunged. She advised me to just answer no to the questions about a criminal record...

JustBeachyNurse, LPN · Aug 17, 2012

Moving to nursing license with a criminal history to elicit further response.

Sun0408, ASN, RN · Aug 17, 2012

I would contact the state board and ask them specifically.. Some states ask if you have ever been arrested, and stating no would get you in a whole lot of trouble with board. Convicted but expunged could still show up with your FBI background check if NY requires one. Many nursing schools just do a standard background check for entrance into the program that may not show the expunged charge, but I would double check with the board. I would hate for you to go to school,graduate and be denied by the BON.

BluntForceTrauma · Aug 17, 2012

Hello,
I am about to start nursing school in a couple of days. I took some prerequisite courses and I start nursing school to become an RN soon, with an associates degree and bachelors in nursing.
I attended orientation today, and I found out that New York State board of education requires that I answer if I have been charged with/convicted of a crime (felony or misdemeanor) as part of a requirement for licensure. This concerns me because I was convicted of a petit larceny charge 3 years ago (I was acting stupid). However, it has been expunged from my record.
Does anyone have any experience taking the NCLEX with a petit larceny charge in New York state? I hope I do not go through nursing school to find out that my license gets denied because of my record.
Please help!

Even though your record has been expunged, I believe that you still have to report it to the Board. It is easier to report it first hand, than for them to find it. Either way...YES, they can deny you licensure. But I think they do it on a case by case basis. Best policy is to be honest upfront.

realnursealso/LPN, LPN · Aug 17, 2012

Here is the question they ask on NYS BON renewal form. (I am an LPN in NY). "1. Have you been found guilty after trial, or pleaded guilty, no contest, or nolo contendere to a crime (felony or misdeanor) in any court?" and #3. "Are criminal charges pending against you in any court."

Rules of the Board of Regents:Part 28

Professional misconduct is defined in Education Law and in the Rules of the Board of Regents. Professional misconductincludes the following:

Engaging in acts of gross incompetence or gross negligence on asingle occasion, or negligence or incompetence on more than oneoccasion
Permitting or aiding an unlicensed person to perform activitiesrequiring a license
Refusing a client or patient service because of race, creed,color, or national origin
Practicing beyond the scope of the profession
Releasing confidential information without authorization
Being convicted of a crime
Failing to return or provide copies of records on request
Being sexually or physically abusive
Abandoning or neglecting a patient in need of immediate care
Performing unnecessary work or unauthorized services
Practicing under the influence of alcohol or other drugs

Everything I can find says "convicted" of a crime. I'm not a lawyer, if you need professional legal advise you need to contact one. Good luck in school.