New waiting for BON make a decision re expungement and after support

Ginger's Mom, MSN, RN · Oct 17, 2008

Sorry, your issue is that you were not honest when you submitted your application.

OK, I understand you made a mistake when you were young, but then you lied about it. Most hospitals do a criminal check and I have seen nurses terminated when they failed to disclose their minor incidents. If they had been honest they may still have a position.

Unless you can sway them that you made 2 mistakes and you are sorry you will not get a license. I am guessing they need the whole board to vote you in or out.

mf622m · Oct 17, 2008

i had my record expunged. Under NJ law I am entitled to check "no" as if the arrest had never occured. I spoke with my lawyer about it and he said I can check no. The state wasn't suppose to release the info to the boards.

Ginger's Mom, MSN, RN · Oct 18, 2008

The question states on the NJ application.

"Have you ever been summoned; arrested; taken into custody; indicted; tried; charged with; admitted into pre-trial intervention

(P.T.I.); or pled guilty to any violation of law, ordinance, felony, misdemeanor or disorderly persons offense, in New Jersey, any other

state, the District of Columbia or in any other jurisdiction? (Parking or speeding violations need not be disclosed, but motor vehicle

violations such as driving while impaired or intoxicated must be.)"

Sounds like you lawyer gave you bad advice, you issue is with the lawyer. If you search the internet I find many sites stating even expunged your record can still be accessed.I think you will run into the same issue if you are offered a position and say no, and the employer finds out you were not truthful. The fact it was expunged doesn't eliminate the footprints it has left. I bet if you checked yes, and stated that the case was expunged you would not be posting here. Nobody - employers or patients want to deal with lawyers too many qualified candidates.. I have seen employers hire nurses who have been truthful about their past, I have seen nurses fired when they have not put down the truth.

gnomedeplume · Oct 22, 2008

That said, and I know that this Forum cannot provide legal advice, I was interested in finding out if anyone knew of an RN who successfully presented to the BON a history of a previous felony conviction and received his/her license? When she finishes school she will be beyond the seven year mark and will be that much more employable. The concern (and I want to provide for her some support from experiences other than what a concerned parent can provide) is that she will spend much time/money pursuing a dream if the chances are slim.

Edited by traumarus: we can only provide support for these issues. Due to privacy concerns, few people want to post about their own criminal pasts on the internet.

Home Health Columnist / Guide · Oct 23, 2008

an expungement just means that you are not required to disclose convictions to potential employers. and, if your record has been expunged, you may want to pursue having the felony reduced to a misdemeanor - each state has their own rules. but, the arrest remains on the record and will come up if fingerprinting, for example, is done. therefore, if you anticipate that that will be done, it is best to disclose completely during the application process. and, always, remember, the bon has final say regarding the instance/circumstances and licensure.

legal effect of an expungement

an expungement ordinarily means that an arrest or conviction is "sealed," or erased from a person's criminal record for most purposes. after the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted. for example, when filling out an application for a job or apartment, an applicant whose arrest or conviction has been expunged does not need to disclose that arrest or conviction.
in most cases, no record of an expunged arrest or conviction will appear if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual's criminal record.
an expunged arrest or conviction is not necessarily completely erased, in the literal sense of the word. an expungement will ordinarily be an accessible part of a person's criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. this limited accessibility is sometimes referred to as a criminal record being "under seal." in some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration / deportation proceedings, an expunged conviction that is "under seal" may still be considered as proof of a prior conviction.
http://criminal.findlaw.com/crimes/expungement/expungement-basics.html

nursing boards are part of state govenement & have access to criminal history for persons submitting license applications.

anytime one is applying for professional licensure: lawyer, funeral director, barber, cosmetologist, physician and nurses must check yes on application regarding criminal background history when they have an expundgment as juvenile or adult. submit with you application supporting documentation regarding record as requested on application along with letters of character reference.

a complete application package will make board review process smoother. it may take additional time to process an application containing a "yes" answer. those that check no are in for a long delay and even possible denial of application for "falseifiction of record." final outcome granting license is up to state board discression and can only be made after application for licensure.

from: alabama bon

frequently asked questions and answers regarding a criminal history and prior disciplinary action

question: what type of criminal history should be reported on the application?
answer: all arrests and convictions should be reported. this includes cases which were ultimately dismissed. it includes cases which were resolved by a guilty plea, nolo contendre plea, a trial or by some type of deferred prosecution. felonies and misdemeanors should be reported. minor traffic violations do not need to be reported. dui is not a minor traffic violation.
question: can a person obtain a license as a nurse with a misdemeanor or felony conviction?
answer: each applicant is evaluated on a case by case basis. the board of nursing considers the nature, severity, and recency of the offense, as well as rehabilitative efforts and other factors. the board cannot make a determination for approval or denial of licensure until the entire application and supporting documentation is received and reviewed.
question: do i have to report criminal charges if i completed a period of probation and the charges were dismissed or the case was closed?
answer: yes. offenses must be reported to the board even if you received a suspended imposition of sentence and the record is now considered closed. the arrest is still on your record and must be reported.
question:what type of documentation do i need to submit in support of my application if i have a prior criminal record or license discipline?
answer: you should submit:
certified official court document(s) relative to your criminal record, showing the date(s) and circumstance(s) surrounding your arrest(s)/conviction(s), sections of the law violated, and disposition of the case. this would normally consist of the charging document (complaint or indictment), and the case action summary or other documents showing the final disposition of your case. if placed on probation, you should also include the order of probation and official documentation of completion of the probationary period. the court clerk must certify these court documents.
certified copy of the documents relative to any disciplinary action taken against any license by another state board of nursing. the documents must come from the agency that took the disciplinary action and must be certified by that agency. if previously disciplined by the alabama board of nursing, you should state the action taken against you.
a detailed description of the circumstances surrounding your criminal record or disciplinary action and a thorough description of the rehabilitative changes in your lifestyle since the time of the offense or disciplinary action which would enable you to avoid future occurrences. it would be helpful to include factors in your lifestyle which you feel may have contributed to your crime or disciplinary action, what you have learned about yourself since that time, and the changes you have made that support your rehabilitation.
note: the burden of proof lies with the applicant to demonstrate evidence of rehabilitation.
examples of rehabilitation evidence include, but are not limited to:
if applicable to your crime or discipline, documented evidence of professional treatment and counseling you may have completed. please provide admission and discharge summaries if treatment received.
letters of reference, on official letterhead, from: employers, nursing program administrators, nursing instructors, health professionals, professional counselors, support group sponsors, parole or probation officers, or other individuals in positions of authority who are knowledgeable about your rehabilitation efforts.
proof of community work, education, and/or self-improvement efforts.
court-issued certificate of rehabilitation or evidence of expungement, proof of compliance with criminal probation or parole, and orders of the court.
question: what must be reported concerning discipline by another state board of nursing?
answer: all prior or current disciplinary action against another professional license must be reported, whether it occurred in alabama or in another state or territory. if rn to lpn where there was discipline by this board against the lpn license, this should also be reported.
question: will it help to call and check on the status of my application?
answer: it may take additional time to process an application containing a "yes" answer. you will be notified if further information is required. please do not call board of nursing office as such only serves to delay the process.

[color=#0000cc]examination application - nursing, florida board of

question: what crimes or license discipline must be reported on the application?

answer: all convictions, guilty pleas and nolo contendere pleas must be reported, except for minor traffic violations not related to the use of drugs or alcohol. this includes misdemeanors, felonies, "driving while intoxicated (dwi)" and "driving under the influence "(dui)." crimes must be reported even if they are a suspended sentence. all prior or current disciplinary action against another professional license must be reported, whether it occurred in florida or in another state or territory.

question: can a person obtain a license as a nurse if they have a misdemeanor or felony crime on their record?

answer: each application is evaluated on a case-by-case basis. the board of nursing considers the nature, severity, and recency of offenses, rehabilitation and other factors. the board cannot make a determination for approval or denial of licensure without evaluating the entire application and supporting documentation.

question: do i have to report charges if i completed a period of probation and the charges were dismissed or closed?

answer: yes. offenses must be reported to the board even if you received a suspended sentence and the record is now considered closed.

question: what types of documentation do i need to submit in support of my application if i have a prior criminal record or license discipline?

answer:
official court document(s) regarding each of your criminal offenses, showing the date(s) and circumstance(s) surrounding your arrest(s), sections of the law violated, and disposition of the case. this includes the complaint or indictment, the judgment, order of probation, docket sheet or other documents showing the disposition of your case(s). you may obtain these documents at the clerk of court where the offense(s) occurred.
copies of documents regarding disciplinary action taken against any healthcare license. the documents must come from the agency that took the disciplinary action.
a detailed description in your own words of the circumstances surrounding your criminal record or disciplinary action. include a description of the changes in your lifestyle since the time of the offense(s) which would enable you to avoid future incidents. list factors in your life, which you feel, may have contributed to your crime or disciplinary action and what you have learned.
note: the burden of proof lies with the applicant to demonstrate evidence of positive lifestyle changes. examples include, but are not limited to:
documented evidence of professional treatment and counseling you have completed. provide a discharge summary, if available.
letters of professional recommendation on official letterhead from employers, nursing program administrators, nursing instructors, health professionals, professional counselors, support group sponsors, parole or probation officers, or other individuals in positions of authority.
proof of community service, education and self-improvement.
court-issued certificate(s) of expungement, proof of compliance with criminal probation or parole.
applicants with previous arrest or disciplinary action on a license will not be authorized to practice nursing until all documentation is cleared by staff or reviewed by the board.

kentucky: board of nursing - criminal history

[color=#0000cc]new jersey division of consumer affairs criminal history review unit

frequently asked questions - criminal history record background check

maine: mrs title 5, chapter 341: occupational license disqualification on ...

new mexico:nationwide criminal history screening

examples bon rulings:

pa 2006:

was granted permission to sit for the practical nursing examination, and upon successful completion of the examination, shall be issued a license to practice practical nursing. mr. e. will be immediately placed on probation for a period of no less than three years, subject to monitoring by the professional health monitoring program.

m.b.
was granted permission to sit for the professional nursing examination, and upon successful completion of the examination, shall be issued a license to practice professional nursing
www.dos.state.pa.us/bpoa/lib/bpoa/disciplinary_actions/2006/1st_quarter_2006_pr-nursing.pdf