Getting a California RN License with a Criminal History: Misdemeanor

Nurses Criminal

Published

Disclaimer:

This topic is for informational purposes only and should not be considered legal advice. This is simply an account of my experiences with the California Board of Registered Nursing. Individual situations will vary depending on:

  1. The nature and severity of the crime
  2. Evidence of any acts or crimes committed subsequent to the crime under consideration
  3. The time elapsed since the crime
  4. The extent that you complied with parole, probation, restitution, or other lawful sanctions
  5. Evidence of rehabilitation

Background Information:

I'm a 26 year old male applying for my RN license from the California Board of Registered Nursing in December 2012. I attended a California State University for 4 years to get a BSN degree. :nurse: I have been working in the emergency department of a hospital for 1 1/2 years; great place to get experience and references.

Prior convictions include:

  1. Theft of personal property in 2004 at the age of 18 (8 years ago)
  2. Open container in 2004 at the age of 18 (8 years ago)
  3. Basic speed law in 2010 at the age of 24 (2 years ago) :banghead:

I expunged my theft of personal property charge in 2008 after a three year probation. I highly recommend expunging your record after you serve probation even though you have to report it to the BRN and any government agency. This is because it looks good to the board and after you get your license you usually don't have to report the crime when applying for a job. For California expungement information go to: http://www.saclaw.lib.ca.us/pages/expunging-criminal-records.aspx

I got my speeding ticket dismissed after completing a trial by written declaration. I also highly recommend trial by written declaration for tickets because all I wrote was "I am not guilty" and because the cop didn't write a response, I got back all my money and got the ticket dismissed. :up:

The Application Process:

Applications are relatively straightforward for the California Board of Registered Nursing until you get to the prior convictions section. You got your work cut out for you if you have any convictions and this includes tickets over $300 and yes...even things that were expunged or dismissed.

When completing the California BRN prior convictions section it is on you to get all the documentation needed and organized so I suggest starting early so that you can have things ready before you graduate and so that you don't postpone your application too much. For this section I organized it in the same order as it is listed on this guideline on the California BRN website. Enforcement Applicant Desk

Prior Convictions Section of the Application:

1)Letter of explanation: This must be very well written so make sure it is proofread (unlike this post) and make sure to include: circumstances surrounding the arrest(s), convictions(s), and/or disciplinary actions(s); the date of the convictions, the specific violations (cite the law if convicted...i googled it and cited it as a footnote), court location, sanctions or penalties imposed and completion dates. Also include what you have done since then regarding your rehabilitation and why you want to be an RN. I also included the roles of an RN to show that I know what my roles will be. Make the letter sincere and show how you have grown out of this experience.

2)Arrest/Incident reports: These are NOT court documents and you cannot get these at the court house. You literally have to go to the police station and request one; even then, they may not give you one. It cost like $8 for mine. Make sure it is stamped and/or signed

3)Certified Court Documents: You have to go to the court house in the county you were arrested/cited and get the documents from the office of records: It cost me $25 for each one (x3) plus a charge for the paper used to print them; so, this cost me like $79. Ouch :madface:

4)Evidence of Rehabilitation: Here I just put my documentation that I completed my probation, I got my record expunged, and some volunteering experience.

5)Reference Letters: These will take a while to get depending on the people you ask. I included 3 letters. One from a trauma nurse, one from my nursing supervisor, and one from a dentist that I know and that I have volunteered with in the past. Someone suggested that I get one from a nurse, one from a clergy member, and one from a political figure if possible but, I didn't really know the latter two people. I didn't need to include alcohol related letters because I didn't get a DUI, I only got an open container ticket. I wasn't actually drinking and driving but my friend was drinking in the car so that is how I got the ticket.

6)A work performance evaluation. This will take a while to get depending on your supervisor. This doesn't need to be nursing related but mine was because I've been working in a hospital for 1 1/2 years.

Waiting for a Reply:

I sent my completed application in on 12/5/12.

I got a letter 15 days later that said "An evaluation of your application for examination indicates that the following items and/or information are required to complete you application. Due to your disclosure of previous discipline or conviction, your application will require additional processing time. A FINAL DECISION REGARDING AN ENFORCEMENT CASE FILE CANNOT BE MADE WITHOUT THE FOLLOWING DOCUMENTS - REFER THE ENCLOSED NOTICE FOR DETAILS. If you have already addressed the checked item(s) above, please disregard this letter." Enclosed notice was this link: http://www.rn.ca.gov/pdfs/enforcement/appdocs.pdf...but I thought I turned everything in. Well, actually I did but I guess they just sent this to confuse me.

I got a letter 15 days after that that scared the :poop: out of me at first but it turned out to be a good letter. It read:

"The board of registered nursing (Board) has completed its review of your conviction history. The conviction(s) you sustained is/are considered substantially related to the qualifications, functions or duties of a registered nurse. Business and Professions Code Section 480 authorizes the Board to deny a license for conviction of a crime substantially related to the qualifications, functions and duties of a registered nurse. However, when considering the denial, suspension or revocation of a license, the Board considers criminal history, mitigating or aggravating circumstances, evidence of rehabilitation and other criteria to evaluate the licensee's or applicant's present fitness or eligibility for licensure. The Board will not pursue any disciplinary action against you at this time. Your conviction history information has been reviewed and returned to the Licensing Unit to continue the licensure process. A licensed registered nurse is responsible for being honest and ethical. Future substantiated reports that you have engaged in similar behavior, been convicted of a crime substantially related to the qualifications, functions and duties of a registered nurse or otherwise violated the law or regulations governing you practice as a registered nurse may result in disciplinary action against you license."

I got my eligibility notice to take NCLEX 4 days later. YAY!!!

I took my NCLEX-RN and just found out I passed first try.

I hope this helps somebody out there. I know from experience how nerve-racking it can be to have prior convictions but, if you stick with it you can become a nurse. I wish you all the best of luck because nursing is truly the best profession in the world. Oh..and thanks Board for giving me a chance to be a Real Nurse.

Useful links:

California BRN Website: California Board of Registered Nursing go to "Applicants" at the top, then go to "Licensure by Examination", then go to "Click here for additional information for applicants with criminal convictions or discipline"

This post help me soooo much. I also have a misdemeanor on my record and the post gave me hope that I would be able to get my license! And I did!

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Hi,

I don't know if this discussion is still active, but, cheethaj, BSN, RN, or anyone, can you send me a copy of your letter? I am in the process of writing one now and would also like to get it right! :)

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Hi,/

I don't know if this discussion is still active but may, cheethaj, BSN, RN , or anyone else, send me a copy of that letter? I am currently in the process of writing my letter and would like to do it right as well! :)

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oh my email is [email protected], thank you!

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Congratulations! I applied on Feb 6 for license for endorsement. Can you tell me how long the process took? Thanks!

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hi, if anyone has a copy of the letter would you please be able to send it to my email [email protected]

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Here's an example that one of our program's advisors sent to me as an example:

(Date)

Name

Address

Phone #

Email

Board of Registered Nursing

P.O. Box 944210

Sacramento, CA 94244-2100

Re: Prior Conviction Disclosure

To Whom It May Concern:

I am writing the BRN to disclose the details surrounding a past misdemeanor conviction, as per

the instructions under the licensing requirements. Enclosed you will find a detailed description of the

circumstances surrounding the conviction and copies of the documents of reference placed in

chronological order as they appear in the incident description below.

On November 3, 2006 while camping in the imperial sand dunes at a place known as Gordon's

Well, (officially the Winterhaven Sector/ Dune Buggy Flats by the CHP) I drove a friends truck from my

camp site to the public restrooms approximately a half of a mile round trip. On the return trip, I was

pulled over by a California State Park Ranger for not displaying a proper license plate and registration

tags. The truck I was driving was brand new and still had the paper license plate from the dealership

pending the official plates from the DMV. The registration was taped inside the windshield of the truck

as car dealerships do after the sale of a new vehicle. During the previous hour or so before driving to the

restroom I had consumed three beers. Upon pulling me over the ranger smelled alcohol on my breath and

asked me if I had been drinking; I told him yes and that I had three beers. He asked me to step out of the

vehicle and had me perform a field sobriety test. The test included a breathalyzer test which I blew a

0.08. At that time the ranger told me that I was under arrest for suspension of drunk driving. He hand

cuffed me and took me to the nearby ranger station where I was detained until the California Highway

Patrol could arrive. Shortly thereafter, the CHP officer arrived and performed his own breathalyzer test

again showing a 0.08 BAC. He placed me in his patrol car, wrote me a notice to appear, and released me

to the friends I was camping with. (Reference NOTICE TO APPEAR)

On January 22, 2007 I appeared in court as directed Case No. CCM17610. I plead guilty and was

convicted of a misdemeanor in violation of section 23152b of the Ca vehicle code and was, sentenced to

an imposition of suspended sentence with three (3) years summary probation and standard DUI probation

conditions including successful completion of a DMV alcohol program and fines and fees.” My driver's

license was suspended for 90 days, I served 1 day in jail, and paid a court fine of $1520.00 (Reference

ORDER GRANTING PROBATION DOCUMENT).

As per the instruction of the court, I enrolled in and completed a first offender DMV alcohol

program at a place called The East County Accord (ECA). The ECA operates under the California

Department of Alcohol and Drug Programs (ADP) specified in the California code of regulations (CCR

Title 9 section 9795 through 9886. Specifically, the program consisted of a $440.00 enrollment fee, a 3

month course divided into 6 education classes, 12 group discussions, 3 face to face” (one on one

meetings with a counselor), and 3 Alcohol Anonymous meetings. (Reference DOCUMENTS OUT OF

COUNTY-DRINKING DRIVER REFERAL PROGRAM, PROOF OF ENROLLMENT, PROOF OF

COMPLETION CERTIFICATES, and EAST COUNTY ACCORD DUIP RULES AND REGULATIONS

PACKET)

On June 1, 2008 with the help of Deputy Juan Arvizu of the Imperial County Probation

Department I successfully represented myself under Section 1203.4 of the California Penal Code and had

this DUI conviction case dismissed. (Reference APPLICATION FOR WITHDRAWL OF PLEA and

CERTIFIED COURT CASE DISMISSAL FORM)

In closing I would like to thank you for reviewing this letter and assure the BRN that is incident

was a one-time lack of judgment on my part. I have never before nor will I ever again drive under the

influence. I know that to become a registered nurse is a privilege and that the people I will be caring for

and their families trust that I perform my duties with the utmost level of honesty and integrity.

Sincerely,

(Name)

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I know this is an old post but I can't thank you enough for writing this! I am going through this now... I am currently a junior in a BSN program so I'm trying to get all my ducks in a row now so that I won't be too delayed in getting my license after I graduate.

Do you know what kind of background check the BRN performs? I want to request the same one so that I can make sure that I include EVERYTHING on my application.

Thanks again for your help : )

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I think there's an old post about it somewhere on here. I can't remember exactly but do a quick search, it should come up.

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Thank you so much for shining a light of hope for those of us who have a background clearance issue. i'm pretty sure i speak for the vast majority of people searching for info. i would like to know if you can email me some information regarding how to seal your records. my email is at [email protected]

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Disclaimer:

This topic is for informational purposes only and should not be considered legal advice. This is simply an account of my experiences with the California Board of Registered Nursing. Individual situations will vary depending on:

1)The nature and severity of the crime

2)Evidence of any acts or crimes committed subsequent to the crime under consideration

3)The time elapsed since the crime

4)The extent that you complied with parole, probation, restitution, or other lawful sanctions

5)Evidence of rehabilitation

Background Information:

-I'm a 26 year old male applying for my RN license from the California Board of Registered Nursing in December 2012. I attended a California State University for 4 years to get a BSN degree. :nurse: I have been working in the emergency department of a hospital for 1 1/2 years; great place to get experience and references.

Prior convictions include:

1)Theft of personal property in 2004 at the age of 18 (8 years ago)

2)Open container in 2004 at the age of 18 (8 years ago)

3)Basic speed law in 2010 at the age of 24 (2 years ago) :banghead:

-I expunged my theft of personal property charge in 2008 after a three year probation. I highly recommend expunging your record after you serve probation even though you have to report it to the BRN and any government agency. This is because it looks good to the board and after you get your license you usually don't have to report the crime when applying for a job. For California expungement information go to: http://www.saclaw.lib.ca.us/pages/expunging-criminal-records.aspx

-I got my speeding ticket dismissed after completing a trial by written declaration. I also highly recommend trial by written declaration for tickets because all I wrote was "I am not guilty" and because the cop didn't write a response, I got back all my money and got the ticket dismissed. :up:

The Application Process:

-Applications are relatively straightforward for the California Board of Registered Nursing until you get to the prior convictions section. You got your work cut out for you if you have any convictions and this includes tickets over $300 and yes...even things that were expunged or dismissed.

-When completing the California BRN prior convictions section it is on you to get all the documentation needed and organized so I suggest starting early so that you can have things ready before you graduate and so that you don't postpone your application too much. For this section I organized it in the same order as it is listed on this guideline on the California BRN website. Enforcement Applicant Desk

Prior Convictions Section of the Application:

1)Letter of explanation: This must be very well written so make sure it is proofread (unlike this post) and make sure to include: circumstances surrounding the arrest(s), convictions(s), and/or disciplinary actions(s); the date of the convictions, the specific violations (cite the law if convicted...i googled it and cited it as a footnote), court location, sanctions or penalties imposed and completion dates. Also include what you have done since then regarding your rehabilitation and why you want to be an RN. I also included the roles of an RN to show that I know what my roles will be. Make the letter sincere and show how you have grown out of this experience.

2) Arrest/Incident reports: These are NOT court documents and you cannot get these at the court house. You literally have to go to the police station and request one; even then, they may not give you one. It cost like $8 for mine. Make sure it is stamped and/or signed

3)Certified Court Documents: You have to go to the court house in the county you were arrested/cited and get the documents from the office of records: It cost me $25 for each one (x3) plus a charge for the paper used to print them; so, this cost me like $79. Ouch :madface:

4)Evidence of Rehabilitation: Here I just put my documentation that I completed my probation, I got my record expunged, and some volunteering experience.

5)Reference Letters: These will take a while to get depending on the people you ask. I included 3 letters. One from a trauma nurse, one from my nursing supervisor, and one from a dentist that I know and that I have volunteered with in the past. Someone suggested that I get one from a nurse, one from a clergy member, and one from a political figure if possible but, I didn't really know the latter two people. I didn't need to include alcohol related letters because I didn't get a DUI, I only got an open container ticket. I wasn't actually drinking and driving but my friend was drinking in the car so that is how I got the ticket.

6)A work performance evaluation. This will take a while to get depending on your supervisor. This doesn't need to be nursing related but mine was because I've been working in a hospital for 1 1/2 years.

Waiting for a Reply:

-I sent my completed application in on 12/5/12.

-I got a letter 15 days later that said "An evaluation of your application for examination indicates that the following items and/or information are required to complete you application. Due to your disclosure of previous discipline or conviction, your application will require additional processing time. A FINAL DECISION REGARDING AN ENFORCEMENT CASE FILE CANNOT BE MADE WITHOUT THE FOLLOWING DOCUMENTS - REFER THE ENCLOSED NOTICE FOR DETAILS. If you have already addressed the checked item(s) above, please disregard this letter." Enclosed notice was this link: http://www.rn.ca.gov/pdfs/enforcement/appdocs.pdf...but I thought I turned everything in. Well, actually I did but I guess they just sent this to confuse me.

-I got a letter 15 days after that that scared the :poop: out of me at first but it turned out to be a good letter. It read:

"The board of registered nursing (Board) has completed its review of your conviction history. The conviction(s) you sustained is/are considered substantially related to the qualifications, functions or duties of a registered nurse. Business and Professions Code Section 480 authorizes the Board to deny a license for conviction of a crime substantially related to the qualifications, functions and duties of a registered nurse. However, when considering the denial, suspension or revocation of a license, the Board considers criminal history, mitigating or aggravating circumstances, evidence of rehabilitation and other criteria to evaluate the licensee's or applicant's present fitness or eligibility for licensure. The Board will not pursue any disciplinary action against you at this time. Your conviction history information has been reviewed and returned to the Licensing Unit to continue the licensure process. A licensed registered nurse is responsible for being honest and ethical. Future substantiated reports that you have engaged in similar behavior, been convicted of a crime substantially related to the qualifications, functions and duties of a registered nurse or otherwise violated the law or regulations governing you practice as a registered nurse may result in disciplinary action against you license."

-I got my eligibility notice to take NCLEX 4 days later. YAY!!!

-I took my NCLEX-RN and just found out I passed first try.

I hope this helps somebody out there. I know from experience how nerve-racking it can be to have prior convictions but, if you stick with it you can become a nurse. I wish you all the best of luck because nursing is truly the best profession in the world. Oh..and thanks Board for giving me a chance to be a Real Nurse.

Useful links:

California BRN Website: California Board of Registered Nursing go to "Applicants" at the top, then go to "Licensure by Examination", then go to "Click here for additional information for applicants with criminal convictions or discipline"

Hi, this is an old thread but I hope you could help me with some infos, I had a misdemeanor case in 1999 that has been expunged before I finish my nursing school in 2015, the Board requested tons of documents which I submitted and was given an authorization to test, I took the NCLEX PN last June 21, 2017 in CA, got the good pop up on PVT 48 hrs after the test but up to now I do not have my exam result in the mail yet, I'm worried thinking the board might hold my license due to my conviction, I emailed the board and got a reply to wait 4-6 weeks for the result tomorrow is my 3rd week. Hoping for the best...thanks in advance for your reply.

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Would you be able to send me your letter, too? my email is : [email protected]

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