NJ criminal record question

BinkieRN, BSN, RN · Aug 30, 2008

hi all i'm in an lpn program a classmate told me right before school started she got arrested for shoplifting, this is her first run in with the law but now she want to drop out because she thinks she could never get her license what should she do? ( oh yeah she is an excellent student the top of the class) oh yeah for referance we live in NJ

Never mind, I've decided to pass on offering any advice.

BinkieRN, BSN, RN · Aug 30, 2008

I am sorry that yesterday I misunderstood your reply. I apoligize for my nit wit self :rolleyes: Best of luck to you and your friend. I think she should tell her instructor before quitting, ya never know, it may turn out okay :nurse:

NurseCubanitaRN2b, BSN, RN · Aug 30, 2008

If I were her/him I would call the state board of nursing and ask for feedback about the situation. My friend did that regarding her Real Estate License because she too did the samething when she was younger. She did eventually get her license, but it took almost 18 months for her to received it after passing her exam. Good Luck to your friend

llg, PhD, RN · Aug 30, 2008

She should definitely be discussing this with the State Board before making any decisions. Hear what they have to say.

I would also recommend getting some sort of counseling for her criminal behavior -- both for her personal benefit and also to demonstrate to the State Board that she takes her mistake seriously and is actively pursuing ways to prevent such bad (criminal) judgment in the future.

Sometimes, showing true remorse and voluntarily taking steps to rectify a bad situation helps to earn a person a 2nd chance.

I've known nurses with shoplifting convictions. It can work out OK ... but she might have to jump through a few hoops to help it end happily.

Daytonite, BSN, RN · Aug 30, 2008

this is not the end of the world or a reason to drop out of nursing school. even then, i'd call the state board first or consult a lawyer before hanging up my stethoscope.

i went to the nj board of nursing website to look this up.

http://www.state.nj.us/lps/ca/chbc/chbcinfo.htm - criminal history record background check
- http://www.state.nj.us/lps/ca/chbcfaq.htm - frequently asked questions

the only actual law i could find regarding background checks in the nj nursing law was for home health aides. you can view it here http://www.nj.gov/lps/ca/laws/nursinglaws.pdf at 45:11-24.3 background checks for homemaker-home health aide certification applicant. i read the entire section. it states that "no person shall be disqualified from certification on the basis of any conviction disclosed by a criminal history record background check performed pursuant to sections 7 through 13 and section 14 of p.l.1997, c.100 (c.45:11-24.3 through 24.9 and c.53:1-20.9a) if the person has affirmatively demonstrated to the new jersey board of nursing in the division of consumer affairs clear and convincing evidence of the person's rehabilitation." as with most states it depends on the seriousness of the offense, how long it's been since it happened, the circumstances surrounding it (that's why you save all the court papers regarding the case--forever) and proof of any counseling the person might have had.

i also looked at the application for licensure by examination (nclex) (http://www.nj.gov/lps/ca/nursing/nurse_app.pdf). it states: if the criminal history background check reveals a criminal conviction, a review of your application by the board of nursing will be required.

for further information:

the national council of state boards of nursing's nclex information and candidate bulletin at
www.ncsbn.org
questions regarding your application by e-mail:
- ms. gregoria marrero at
  [email protected]
  or
- ms. danielle crudup at
  [email protected]
[*]questions regarding your application by telephone:
- new jersey board of nursing at (973) 504-6430

it asks the following questions on the application:

14. have you ever been summoned; arrested; taken into custody; indicted; tried; charged with; admitted into pre-trial intervention (p.t.i.); or pled guilty to any violation of law, ordinance, felony, misdemeanor or disorderly persons offense, in new jersey, any other state, the district of columbia or in any other jurisdiction? (parking or speeding violations need not be disclosed, but motor vehicle violations such as driving while impaired or intoxicated must be.)
15. have you ever been convicted of any crime or offense under any circumstances? this includes, but is not limited to, a plea of guilty, non vult, nolo contendere, no contest, or a finding of guilt by a judge or jury. if "yes," provide a copy of the judgment of conviction and the release from parole or probation. please provide a complete explanation. (attach additional sheets of paper to this application.)
16. are you aware of any investigation pending against a professional license or certificate issued to you by a professional board in new jersey, any other state, the district of columbia or in any other jurisdiction?
17. are there any criminal charges now pending against you in new jersey, any other state, the district of columbia or in any other jurisdiction?

if the answer to any of the above questions is "yes," provide a complete explanation of the circumstances leading to the action, and any supporting documentation, on separate sheets of paper.

and finally at the end of the application under the section for certification and authorization form for a criminal history background check it says: have you ever been arrested and/or convicted of a crime or offense? (minor traffic offenses such as a parking or speeding violations need not be listed.) yes no

every such conviction on record must be disclosed. a true copy of every police report, judgment of conviction, sentencing order and termination of probation order, if applicable, must be submitted with this form. any documents (including employer or supervisor letters of reference, if applicable) which present clear and convincing evidence of rehabilitation must be submitted with this form. failure to follow these instructions may result in the denial of an initial application.

note: copies of judgments, sentencing and termination of probation orders may be obtained from the clerk of the county where those orders, disposing of the conviction, were issued and filed.

your continuing responsibility to disclose convictions of crimes or offenses: you must notify the board or committee within five (5) business days if you are convicted of any crimes or offenses after this form has been completed.

the nj board seems to be aware of this issue of schools not performing criminal background checks as it has been discussed at board meetings and it has been proposed that nursing schools inform students prior to admission. i would imagine that this is something that will be taken into account when your classmate applies for their license. if boards denied licenses to every one with criminal convictions there would be an even bigger nursing shortage. the point of the criminal system is that once a person has paid for the crime, the slate is clean. it is only for certain crimes (violence and physical harm against self and other persons: murder, assault, substance abuse) that they usually are most strict about when denying a license.

important point: your classmate should not lie on any application with the state board. tell them to keep all papers and documents pertaining to the shoplifting conviction for the remainder of their life (like a birth certificate) as it may come up again with a future employer and these documents may need to be produced. the courts after a certain amount of time destroy the original records and only a line item shows up on the computer with no details.

tothepointeLVN, LVN · Aug 31, 2008

I would tell the school. When I started at mine they told us to tell them straight away as they would be able to help or suggest a course of action. Trust me it won't be the first time there has been a problem.

da_hood_model · Aug 31, 2008

thanks everyone i will pass all your advice to my frined