Expungement: Reality check.

Nurses Criminal

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Not legal advice. A summary of what I have found, is all:

In theory, it means you no longer have a conviction. It's meant to help people clear their past, start afresh. If your application asks if you've been arrested or convicted of a crime, in theory- you can say 'no', unless the question specifically ask about convictions that might have been expunged). However- government agencies (as in BON) still have your conviction record, forever, and more and more data banks buy arrest information and sell, it, making it available online. It's just all over the Internet. So you are convicted, get that expunged, apply for a job, tell them 'no' convictions...then they find your arrest on an online data bank. Kiss the job goodbye, because they found out what was not supposed to be able to be found out, so you 'lied'. Also, as far as the BON is concerned, you have to report any black mark against form your enitire life, it's just the way things have become. Nothing ever goes away.

Today, finally, after two years of questioning whether to attempt to clear my own record, I finally found a lawyer that sums this up real simple: "Expungement is a waste of money and time. As soon as you are arrested, those government agencies sell your arrest information to mass marketing firms, that spread it around the globe. Even if expunged, that cat has been let out of the bag. And those sites do not correct your arrest information, even if you are then found innocent. I don't recommend it to any of my clients, regardless of the crimes they have been charged with or convicted of".

She went on to say that if you find a web site that still lists your conviction after it was 'expunged', you can petition them to remove it by conditions in the Fair Credit Reporting Act. But it will also be a waste of money and time, because there are so many of these data mining sites.

Hi, I'm hoping for a little advice as I've been scouring the internet for days to find an answer to this with no luck..

I served time in juvenile hall, was put on house arrest, did a ton of community service, and went to therapy for months when I was arrested on assault(felony) charges (which were completely false, but thats another story..) After I successfully did all of these things, my charges were "dismissed". I'm now 17 and I want to know if, once I turn 18, my arrest record and all that is gonna go public and pretty much be there forever? In California I know you can't petition to seal your records until you're 18.. So am I pretty much screwed?

Thanks in advance!

Specializes in Vents, Telemetry, Home Care, Home infusion.

Expungement for general public works differently when one is then perusing a LICENSED position. Granting a license to practice a profession involves a duty by the state to protect public safety. Boards granting licenses therefore have access to juvenile records ans expugements. Licensure of Nurses: An Integral Part of Public Protection

Boards of Nursing look at entire application and are looking to see how person has changed their life to be a valued member of society when juvenile offense has occurred.

Further info:

FAQ: Nursing Licensure With Criminal History offers info on legal effect of an expungement.

National Helping Individuals with criminal record Re-enter through Employment Network

Specializes in Mental Health.
Expungement for general public works differently when one is then perusing a LICENSED position. Granting a license to practice a profession involves a duty by the state to protect public safety. Boards granting licenses therefore have access to juvenile records ans expugements. Licensure of Nurses: An Integral Part of Public Protection

Boards of Nursing look at entire application and are looking to see how person has changed their life to be a valued member of society when juvenile offense has occurred.

Further info:

FAQ: Nursing Licensure With Criminal History offers info on legal effect of an expungement.

National Helping Individuals with criminal record Re-enter through Employment Network

Hello,

I looked through the links you posted and cannot find info about BONs having access to expunged records. Are you sure that this is the case?

I thought about doing a FBI background check on myself to see what would come up. I actually went through a Navy recruiter (thought about applying as a medical officer couple years ago) and was told nothing came up for me. I'm just reluctant to make a big deal out of nothing, so I'd rather not disclose my misdemeanor arrests from when I was 18 and 20 (petty theft and marijuana possession) [i am 27 now] which were both conditionally discharged and expunged. I doubt that I'll even be able to find court documents pertaining to these arrests, which I'm sure BON will want if I disclose them.

But if BONs really have access to expunged records, what can I do? Now I have to hope that I don't get adversely judged and my whole career affected due to making a few mistakes over 7 years ago.

State agencies (BON, law, etc.) have permanent access to expunged criminal records. And even if they didn't, every BON requires you to self report convictions, even if 'expunged'. Most even require you to report arrests that did not lead to conviction, and any charges that were dismissed. As far as the court records, you will certainly have to send them to the BON, so the sooner you locate them, the better. The BON will probably want the arrest reports themselves (from the poluice department), and all the court documents leading up to conviction, sentencing and completion of sentancing requirements, and the records involved with the expunging. It ain't pretty. Whether you get a license, and then have to disclose those expunged convictions when applying for jobs, is something a lawyer can help you to decide.

Specializes in Mental Health.

Thanks. I guess that's what I have to do then.

I've been reading around and it seems to be the general consensus that a couple of misdemeanors from longer than 5 years shouldn't preclude someone from licensure. But i'm still a bit nervous given that I'll be applying for RN+MSN programs this coming fall. Should I contact the BONs of each school's state to see if I'll have any issues?

Don't be fooled. Any ugly past person could write up a complaint about you and have it prefabricated. My ex BF lives in Nigeria and faxed this ludicrous complaint because his new 22 year old wife needed more publicity. ( at the age of 60 this German National married a 22 year old Nigerian after sexually molesting my teen girls. I have tried to move on.... But even 5 years later there is nothing I can do from someone who runs away.

On top of that I went to an investigation where the investigator never gave me a complete copy of the complaint, she asked me to tell her about an expunged record, and she tried to make me feel guilty that my daughter was deeply affected. Shame on you Board of Nursing!!'an ex boyfriend stooping this low for revenge. Well, if I lose my license I am taking a trip to Africa with an army!

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