Nursing license with criminal record in California AFTER the new law July 2020? Sealed vs. Expunged

Nurses Criminal

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Hi All, 

I was wondering if anyone with a criminal record has received their nursing license in California after the new law went into effect on July 2020? If so, what was the process? It seems like the standard protocol prior to July 2020 was denial, then a grueling process of submitting arrest records, letters of recommendation, etc., only to obtain a provisional license for 3 years. I believe the new law states that a license cannot be denied if it's over 7 years old and the charges have been expunged.  I have been accepted to a BSN program and I have 2 misdemeanors from 20 years ago, which brings me to my next question. Both of my charges were sealed, not expunged, because they occurred in a state where expungement is only allowed for juvenile cases. Has anyone had experience with sealed vs. expunged records in California?  I understand that expungement is literally removing someone's record as if they are not guilty (though it still shows up on an FBI background check), and sealing is just hiding the record from public view, which also still shows up on a livescan. Another issue involves obtaining the arrest records - once a record is sealed, you can't get access to the records without a court order to reopen the case, which my attorney has strongly advised me not to do. I don't have any of those records anymore, and I'm not sure how the board will make an assessment without them. I am contemplating spending a ton of $$$ on school, living expenses, books, etc., so any advice would be greatly appreciated. I have spoken to several attorneys who have all given me different information, and I have called the board of nursing a several times. Everyone has said "it probably won't be a problem", but it's a huge risk to take for a "probably". As you all know, I would be devastated if I went through this whole process only to be denied or offered a provisional license. 

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I'm fairly certain you are misreading the new law. It's 7 years OR expunged. You should be fine.

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Specializes in Occupational Health.

You need to speak to an attorney familiar with nursing license issues in California

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Thanks so much. One attorney I spoke with said the BON isn't supposed to take into account charges after 7 years, but he didn't say they didn't, so I'm not sure. That was also in regards to misdemeanor charges. I'm continuing to reach out to attorneys, but I'm hoping someone can offer a firsthand account. 

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Specializes in med surg.

I actually got my license in 2018 with a record. Before the new law. I sent them everything they asked for.  And proof of rehabilitation.  And letters.  I sent them tons of certified court documents on my cases. I was given a license with no restrictions. And that was before the new law.  I’m sure you’ll be fine.  Attorneys are expensive.  I contacted one and got some advice but did it all my self.  They are pretty clear on what you need to provide. 

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Thanks so much. I really appreciate the responses. 

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I just received an unencumbered RN license in CA about a month ago.  I have a lengthy criminal record.  About 10 misdemeanors, 2 felonies  (both felonies were dropped to misdemeanors after prop 47 passed in 2015).  My crimes were all 8-15 yrs old, and I had all of them expunged.  All my crimes were alcohol and drug related, or petty thefts/theft charges (no violence or abuse).  The new law is 7 years or more, OR expungement for the charges to not be held against you, and the crimes must have resulted in a conviction.  Arrests, or crimes later dismissed due to abiding by court ordered stipulations/lack of evidence don't count.  Serious felonies do not count toward 7 year/expungement rule (murder, rape, arson, assault with a deadly weapon etc.--there is a list online for what California considers a "serious felony").  I hired a lawyer, costed me about 5-6 grand.  I submitted non-certified copies from the courthouse of my final minute orders for the cases, non-certified arrest records, clean random drug/alcohol screens over a several month period, psych assessment from a certified drug counselor, about 35 letters of recommendation, proof of counseling, volunteering, my 4.0 GPA from nursing school &pre-req classes, proof of going into inpatient rehab, and proof of continuing sobriety/care with my alcoholism/addiction in AA.  I also showed proof that I was granted a CNA license from the Department of Public Health and proof that a major hospital had hired me as a nurse assistant despite my record, along with my work evaluations.  The lawyers wrote up a 30 page document for me outlining my proof of rehabilitation and arguing I met the criteria of the new law and why/how.  My lawyers did not get into any specifics about my crimes in the document, we only briefly mentioned they happened, and focused on my rehabilitative efforts and why I was no longer a risk to public safety.  You are no longer required to submit any documents to the BRN. If they want them, they can contact the arresting agency/courthouse to get them.  It does expedite your license if you submit them though, and does to an extent show transparency (but if you can't get them because the record is sealed, maybe just leave it alone).  I was not able to submit all my arrest records because some of them were destroyed due to a long lapse in time and the BRN didn't care.  I submitted proof from the police department the records were destroyed though. The lawyers went through all of my documents and decided for me what to include and not include (for example I DID NOT submit any court records or arrest records for crimes I was arrested for but not convicted of).  It took me several months to obtain all the documents, and 4 months for the BRN to get back to me and decide.  So if you are in school, I suggest over Summer/Winter break start gathering all your documents as it takes forever, especially with COVID and many courthouses/police stations being closed.  If someone like me can get a license, there is certainly hope for others.  The key point they want to see is proof of heavy rehabilitation, and the ability to have stayed out of trouble for an extended period of time.  Do not make excuses for your crimes, own it, show what you have done to change and why you are not a risk for repeat offenses.  If you have a crazy record like I did, I would suggest getting an attorney, if it's 1 or 2 low-level charges a long time ago, maybe don't waste the money.  I am glad I did, as I had astronomical levels of anxiety and it helped me feel a lot better hiring a lawyer who specialized in administrative law/BRN stuff.  I WOULD HIGHLY SUGGEST getting your own criminal report from the Department of Justice (if your crimes were here in California, or whatever governing body your state has that keeps records of state crimes).  It will show you everything the BRN will see (except federal crimes--the FBI has those records I believe).  It gives the dates, record numbers, case dispositions, whether it was dismissed, expunged, crime you arrested for vs what you were actually convicted of--everything you need to know.  That way you don't have any surprises.  I really hoped this messaged helped!! I used to look on this site for hours trying to find someone in my position to get advice from, so I hope now that I am on the other side of it, someone will be able to breathe a sigh of relief knowing it is possible!!  I don't come on here often, but I will try to pop back on soon if anyone has any additional questions:)

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Thank you so much! Congratulations on your successes, and I really appreciate your detailed reply. This certainly gives me hope. 

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On 12/24/2021 at 9:42 PM, marples said:

I just received an unencumbered RN license in CA about a month ago.  I have a lengthy criminal record.  About 10 misdemeanors, 2 felonies  (both felonies were dropped to misdemeanors after prop 47 passed in 2015).  My crimes were all 8-15 yrs old, and I had all of them expunged.  All my crimes were alcohol and drug related, or petty thefts/theft charges (no violence or abuse).  The new law is 7 years or more, OR expungement for the charges to not be held against you, and the crimes must have resulted in a conviction.  Arrests, or crimes later dismissed due to abiding by court ordered stipulations/lack of evidence don't count.  Serious felonies do not count toward 7 year/expungement rule (murder, rape, arson, assault with a deadly weapon etc.--there is a list online for what California considers a "serious felony").  I hired a lawyer, costed me about 5-6 grand.  I submitted non-certified copies from the courthouse of my final minute orders for the cases, non-certified arrest records, clean random drug/alcohol screens over a several month period, psych assessment from a certified drug counselor, about 35 letters of recommendation, proof of counseling, volunteering, my 4.0 GPA from nursing school &pre-req classes, proof of going into inpatient rehab, and proof of continuing sobriety/care with my alcoholism/addiction in AA.  I also showed proof that I was granted a CNA license from the Department of Public Health and proof that a major hospital had hired me as a nurse assistant despite my record, along with my work evaluations.  The lawyers wrote up a 30 page document for me outlining my proof of rehabilitation and arguing I met the criteria of the new law and why/how.  My lawyers did not get into any specifics about my crimes in the document, we only briefly mentioned they happened, and focused on my rehabilitative efforts and why I was no longer a risk to public safety.  You are no longer required to submit any documents to the BRN. If they want them, they can contact the arresting agency/courthouse to get them.  It does expedite your license if you submit them though, and does to an extent show transparency (but if you can't get them because the record is sealed, maybe just leave it alone).  I was not able to submit all my arrest records because some of them were destroyed due to a long lapse in time and the BRN didn't care.  I submitted proof from the police department the records were destroyed though. The lawyers went through all of my documents and decided for me what to include and not include (for example I DID NOT submit any court records or arrest records for crimes I was arrested for but not convicted of).  It took me several months to obtain all the documents, and 4 months for the BRN to get back to me and decide.  So if you are in school, I suggest over Summer/Winter break start gathering all your documents as it takes forever, especially with COVID and many courthouses/police stations being closed.  If someone like me can get a license, there is certainly hope for others.  The key point they want to see is proof of heavy rehabilitation, and the ability to have stayed out of trouble for an extended period of time.  Do not make excuses for your crimes, own it, show what you have done to change and why you are not a risk for repeat offenses.  If you have a crazy record like I did, I would suggest getting an attorney, if it's 1 or 2 low-level charges a long time ago, maybe don't waste the money.  I am glad I did, as I had astronomical levels of anxiety and it helped me feel a lot better hiring a lawyer who specialized in administrative law/BRN stuff.  I WOULD HIGHLY SUGGEST getting your own criminal report from the Department of Justice (if your crimes were here in California, or whatever governing body your state has that keeps records of state crimes).  It will show you everything the BRN will see (except federal crimes--the FBI has those records I believe).  It gives the dates, record numbers, case dispositions, whether it was dismissed, expunged, crime you arrested for vs what you were actually convicted of--everything you need to know.  That way you don't have any surprises.  I really hoped this messaged helped!! I used to look on this site for hours trying to find someone in my position to get advice from, so I hope now that I am on the other side of it, someone will be able to breathe a sigh of relief knowing it is possible!!  I don't come on here often, but I will try to pop back on soon if anyone has any additional questions:)

Hello, did any of your records show up when employers do a verification of license on thr BON website? Im just curious. Thank you.

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Not that I am aware of. To my understanding, employers can only see if you have an active license, a restricted license, or any actions taken against your license, not any part of your criminal record that you disclosed to your BON. What an employer can see is exactly what you or I can see by typing in your name on the BON website when doing a license search. My employer did a private background check on me. It came back clear due to my expungements and the amount of time that had passed.  However, I was honest and up front with my employer about my criminal background and I was hired despite it. I will note however, I was initially hired as NA with the company, then as an RN once I obtained my license. I'm not sure, but it may have helped that I was hired in a lower responsibility role (NA), proved myself, and the company then felt more confident in retaining me as an RN. I hope this helped.  

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