Nurses With Criminal Records

[babygirl_15_95838]

Hello everyone, are there any CNAs or RNs on here who have obtained their license with a criminal background? If so, what was your conviction for, and what did you have to go through to get your license? I just want to know, because I am taking a CNA class right now, and I will be finished in a couple of weeks...The problem is that I have a conviction on my record for embezzlement(gave a discount to a family member when working at a retail store)...This happened when I was 18, my first violation, and I am now 21, and my probation will be over on 12/26/04. Yesterday I found out that my status of my license is that I am being denied , but the lady on the phone said that there is a possibility that I can still get my license...I really want to be an RN, but a CNA for right now, and I am devastated that I won't be able to get cleared. Am I wasting my time, or is there still hope? Please help with your stories....:uhoh21:

[carrie_c]

Expungement laws vary by state. I am in TN, and the only way to get anything expunged here is if it was dismissed. It's impossible to get guilty convictions expunged. I read so many posts here just telling people to get expungements. It's not that easy, and in a lot of cases, it's impossible. However, if your conviction is being expunged, then I say go for it as well. You may still have to disclose it to the BON, but they may not see it as serious if it's expunged. But you will never know if you don't try.

[BJBAILEY1972]

I keep seeing 'expunge', as though it makes any difference. If you read what is being said, regardless of expunged or not you have to answer to any BON that you were arrested. You cannot hide a conviction by expunging a record, that only works if you do not have to ever answer 'have you ever been arrested ragardless of the outcome'. For example, if you apply for a job that doesn't ask you if you've ever been arrested, and they run a check, they won't find your criminal record. But most times they don't care if it was expunged, and every BON will ask, if you have ever been arrested (even a fakse arrest!). There's too much false hope and expectations in here about expungement. Maybe somebody knows of a good web site that can explain what can and cannot be done by expungement?

AGAIN, utter nonsense. Let me explain this again, as I have on several posts on other forums. If you are convicted...expungement means (in most states) that the court sets aside a guilty verdict, enters your verdict as not-guilty and then dismisses the charges. It does not state EXPUNGED on your record. When an employer asks if you have been convicted of a crime - your answer would be no...because in fact, you were not convicted, the verdict against you was changed (again, this varied by state - you can check with your state on how they process expungements). As for the boards, you must disclose the arrest, but you can state that the charges were dismissed. Example, you were arrested in california on grand theft - a felony - and are convicted, sentenced to probation and restitution. You do your probation, you pay your restitution and when you are done, you hire an attorney. They go to court, ask the judge to expunge your offense, as you have successfully completed all the requirements of your probation. The judge says okay, signs the order and changes your charges to a misdemeanor and changes your plea to not-guilty and dismisses the charges. That is an example of CALIFORNIA expungement (other states may do it differently). From the day your discharge order (expungement) is signed, you can no longer tell anyone (except for the NURSING BOARDS) that you were ever arrested. Even if they finger print you at your job. If you are worried about the arrest record showing up - or - they question you about it - you simply can state that you did not mention it, because the charges were dismissed and you were found NOt-GUILTY. Employers cannot see your court files, they cannot do FBI background checks - only the state boards can do that.

So for anyone to tell you that there is false hope is just trying to squash your dreams. The point is, be honest with the boards and get your record expunged. You are expunging your record for employment - BY LAW - after expungement, you are only required to admit to the arrest record at all to STATE LICENSING AGENCIES, your employer is NOT a state licensing agent (unless you work for the state). You are NOT expunging the record for the state boards...you have to disclose it to them. But, having it expunged will go a VERY long way with them. Expungement states that a JUDGE has decided that in fact you aren't a hardened, repeat criminal but have satisfied your obligations to the state and deserve a second chance...you cannot expunge your record without completing all the requirements of the court, which tells the boards that you have gotten your life together.

Again, don't let negative nellies discourage you. Puruse your dream, be honest and upfront about your past and you will do fine...read these posts. The people who are denied licenses are the ones who tried to sneak it past the boards, checked no when it asked you if you have ever been arrested for any crime and/or cannot adequately convince the boards that their lives have changed (if they didn't get the conviction expunged). All the success stories on here plainly state that they told the truth and were upfront - yes you may have a stip added - but it's not forever and you will get through that.

Good luck!

[traumaRUs, MSN, APRN]

These posts just emphasize the importance of consulting with an administrative law attorney with experience with your local BON.

We do not and can not provide legal advice.

[Aziza_]

Actually, if your record. Is expunged then you do not have to tell them that you were arrested.