Nurses with criminal background

Moogie · Jan 26, 2011

Moved to this forum to elicit more responses.

belgarion · Jan 26, 2011

Was this a juvie offense or did they charge you as an adult? Did you write them a leter explaining the situation? A couple of people in my class had dings on their records but after they wrote the BON a letter explaining what happened, showing proper remorse, and and pointing out that they had behaved themselves since they were able to get licensed.

You really do need to get in touch with the BON. The file is probably sitting on someone's desk in the "to do someday" stack. Once you find out what is going on you can figure out how best to proceed.

txgirl11 · Jan 27, 2011

Thank you for your reply. I always thought i was charged as a juvenile because every record check previous employers ran on me came back clear. and since the court dismissed my case because charges were dropped I honestly thought i had nothing to worry about because it was on my juvenile record, so in that section where it asks you if you have a criminal background, i listed NO. That was a major mistake because I feel that jeopordizes my honesty . Well hopefully i get approved to take board exams before i forget important things.

belgarion · Jan 27, 2011

I know in Texas there is something in the licensure eligibility regulations about "youthful indescretions". I assume the clause exists in other states as well. You need to contact the BON asap and find out what is going on. Since you were a juvie and the charges were dropped they should let you go ahead and test. They will not make a move on their own, you will have to go to them. The sooner you get started the sooner you can get this resolved.

Scott01 · Jan 28, 2011

If the charge was "dismissed" as you stated, that would mean there was no conviction. If there was no conviction, then you have no criminal record. Unless you were charged as an adult, the arrest should not have been found by the nursing board. Juvenile records are supposed to be sealed. On the other hand, some states define "adult" for criminal purposes as over 15 or 16, etc. If your case was not "dismissed" and you were convicted, you might want to consult an attorney about possibly getting the conviction expunged since you have been a model citizen. The ability to do this will depend on the law in your state and the offense. Obviously, it will be easier to get somewhere with this if the offense was a misdemeanor rather than a felony.

Home Health Columnist / Guide · Jan 28, 2011

See the FAQ link at top of thread. Issue may be you answered NO instead of yes so need to submit doccumentaion about legal issue and then BON investigates---some quicker than others depending on board resources.

Horseshoe, BSN, RN · Feb 1, 2011

If the charge was "dismissed" as you stated, that would mean there was no conviction. If there was no conviction, then you have no criminal record. Unless you were charged as an adult, the arrest should not have been found by the nursing board. Juvenile records are supposed to be sealed. On the other hand, some states define "adult" for criminal purposes as over 15 or 16, etc. If your case was not "dismissed" and you were convicted, you might want to consult an attorney about possibly getting the conviction expunged since you have been a model citizen. The ability to do this will depend on the law in your state and the offense. Obviously, it will be easier to get somewhere with this if the offense was a misdemeanor rather than a felony.

I just took a class on legal issues in nursing. We were told that for purposes of licensing boards, no records are completely "sealed." Our instructor told us that you MUST disclose all arrests, convictions, etc. to your BON even if the offense was committed as a minor. I think there may be a distinct possibility that her answer of "No" to this question could be working against her.

txgirl11 · Feb 2, 2011

I just took a class on legal issues in nursing. We were told that for purposes of licensing boards, no records are completely "sealed." Our instructor told us that you MUST disclose all arrests, convictions, etc. to your BON even if the offense was committed as a minor. I think there may be a distinct possibility that her answer of "No" to this question could be working against her.

I just spoke to the board about why they are taking so long with my file, and they told me exactly as you said, "It's not so much the charge, its the fact that you put NO in your application that is going against you".

So if this post will help anyone in the future, you need to disclose ANY arrests, no matter the age, the charge or the resolution of the case. I will keep you guys posted on my resolution. thanks!!

II 04r6 II · Feb 3, 2011

hey txgirl11, what state are you applying in? texas? i'm in a similar situation, but for california... are you working on any paperwork to send to the board?

WittyUsername · Feb 4, 2011

I have a minor 5th degree theft from ~6 years ago that I was concerned about. I was lucky enough to speak with the enforcement supervisor for my state BoN and was told it should be ok. They said they had never heard of anyone being denied for such a minor offense, especially with a clean record since and the time elapsed.

Jaywyze03 · Feb 8, 2011

Yes, you should be concerned about licensure, but you really should be concerned about finding a job there after. As a new graduated there is a lot of competition for jobs, and any kind of criminal record would definitely hurt you. When I graduated in 1999 with a BSN it was "nurses" market, now it's an employer's market despite all the job openings you may come across. I have a criminal record and it's amazing how employers discriminate, despite my impecable professional references. Truly sad!!!