Enrolled in Fall '12 nursing program with previous conviction

  1. Hi everyone, I was wondering if I could get some advice with my situation. About three years ago I was convicted of a 3rd degree misdemeanor, the only charge I have ever received in my life. I completed a conditional discharge and I am eligible to get the record expunged. My problem is that I am expected to go through the process of a Certified Background to gain clearance clinical no later than May 30th. I am going to call my lawyer to start the process of expungement tomorrow but the process takes a few months so I am expecting the conviction to show up when my background check is performed. Would it be recommended that I contact the BON of my state before submitting the background check and letting them know the case is in the process of being expunged? I am very nervous that I will not be able to begin nursing school in the fall because of this. Any help is greatly appreciated. Thank you all for your time.
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    About maryannlee

    Joined: Apr '12; Posts: 3


  3. by   LaughingRN
    The BON is going to be of little assistance to you at this point since you are not a nurse, nor are you applying for a license.

    The people you need to contact would be the responsible party at the school dealing with admissions or the nursing program. At this point it would be up to them to determine if you meet the requirements for their program.

    The BON has little care for who the school chooses to educate, they only care about who they choose to register.

    The only time I would contact the BON as a potential student is to inquire about possible ineligibility for a license in the future.

    Someone may have to correct me on this since I lack personal experience, but you may still have to report expunged convictions when you answer the BON's questions when applying for a license. (especially depending on the nature of those convictions)
  4. by   maryannlee
    I should clarify a little more. Does the board make this kind of decision or do they only handle license cases? thank you
  5. by   mikeicurn
    This is the way I understood it.
    My school did a background check on us. It was on the behalf of the hospital we did clinicals at. As long as we met the qualifications for the hospital we could do clinicals and therefore we could complete the nursing program. They didn't really tell us exactly what they were looking for, they just told us we had or hadn't passed the background check. Then, when I graduated and applied with the BON for my license I had to go to the police and be fingerprinted and submit the card to the BON for their background check which included an FBI background check. Then every place I have worked at do their own background check before I can start work. I would say everyone of those organizations have their own criteria as to what would disqualify someone.
    My understanding of what would disqualify you were things like violent felonies like murder, rape, attempted murder, etc... would disqualify you for life. Also sexual offenses involving minors, or being on the sexual offenders registry. Most other felony charges such as drug charges, felony theft charges, things like that had to be older than a certain time period (I think it was 10 years). Misdemeanor thefts and crimes of moral turpitude and things of that sort had to be older than a shorter time period (I believe it was 5 years). There was something about DUI's, and I believe you could have had 1, but it had to be older than 5 years or something along those lines.
    So, you might be OK on one background check, but may not be on another one. So, for example, you may pass your background check for your school, and even the board of nursing, but have a difficulty getting a job at certain locations as they may have different criteria. Like LaughingRN said, the BON won't care about what a school's requirements are, so they will not be of help to you as far as school goes. However, they should be able to tell you if you will be able to be licensed or not, which you will probably want to know before you go through school. I hope this helps.

    Good luck,
  6. by   maryannlee
    The charge I received was from being a passenger in a car where there was marijuana that didnt belong to me. However I still was convicted for a 3rd degree felony. I completed a conditional discharge which allows me to expunge after 6 months instead of the regular 5 years for misdemeanors. I'm hoping that I can explain to my school that it is in the process of being expunged and that I will still be able to attend this upcoming fall.

    Thank you both for your responses, they were very helpful.
  7. by   Miiki
    I live in a state where the BON has to grant you approval to enroll in a clinical course. The BON will be able to see the charge weather it's expunged or not. Whatever you do, list the charge anywhere they ask about it.
  8. by   CordaeP
    Did you get to continue in the program?