Worried my nursing career might be over...

Nurses Criminal

Published

Long story short - good friend (or so I thought) asked me to sell some vintage microphones for her. I obliged as I knew she needed more $$ as she had recently expanded and redone her recording studio. Reseached the microphones, sold them, got the $11,000, gave her the $$ and she vanished. I was called in by the police to ask if I could help explain the situation and help them find her. I told them everything I knew, they found her, and she was arrested. Then, they charged me with the same crime they charged her (felony theft) because she said I knew the microphones were a fraud and agreed to sell them anyway. I hired a lawyer, got multiple forms of proof, and spoke to a lot of people. They essentially told me they couldn't drop the charges because it would make the new prosecutor look bad - I could go to trial or do a diversion program. I opted for diversion because on the 0.01% chance I'd get convicted, my life would be ruined. I essentially had to not break the law for a year and the charges would be dismissed and expunged. On a BCI, nothing shows up but the NCLEX application asks if you've ever done diversion so I have to mark yes and it shows up on a FBI background check. No one will hire me in the hospital world and all the nursing schools are denying me admission due to my background of having been charged (not convicted) of a felony. They all assume I was guilty because I wouldn't go to trial. I thought I was taking the safe route -- little did I know! :crying2: Any ideas how another way to approach this? Apparently those who have never been involved in the legal world don't realize they charge, then investigate. People assume they investigate and only charge if they have valid proof. The prosecutor even wrote a letter explaining that they had no proof against me (after it had been dismissed) and to not hold this against me in any way and it didn't help at all.

Specializes in MDS/ UR.

I am sorry.

I'm an RN with a misdemeanor. I graduated a little over a year ago and still have a hard time getting a job in the hospital due to my record that occurred 5 years ago. I'm honest about my record on job applications. I almost landed a job 2 weeks ago. I was offered a full time position and completed all of my paperwork. When it came time for the criminal background check to process, they halted my employment process because they didn't like the idea of hiring a nurse with a record. During that time, they gave me the run arounds every time i called to ask about the start date. Long story short, I was denied the position a week later through a mail they sent me. They couldn't even tell me over the phone from all those times i called. I was very disappointed. And from that moment on, the phrase "my nursing career is over" kept replaying over and over in my head. I'm really sorry to burst your bubbles. I just didn't understand why the BON still allowed my to go to nursing school.

I'm sorry to hear that

I am in the exact same boat here. 1 year later, RN and still no job. DON'T go to school for nursing and waste all of that time. They won't give you a chance (employers). They simply wont.

I am in the exact same boat here. 1 year later, RN and still no job. DON'T go to school for nursing and waste all of that time. They won't give you a chance (employers). They simply wont.

Most hospitals only do a BCI background check (at least around here) so it shouldn't affect me when I graduate and start looking for jobs. Right now it still shows up on the BCI & FBI and nursing schools do both. Once it gets removed, it won't show up on a BCI so I think I'll be okay for jobs when I graduate but it is getting into school that is the problem...

foreverlaur:

What is a BCI and where do you live?

How long does it take a charge to be removed? I thought they never are removed. You said: "once it gets removed, it won't show on a BCI..."

It seems that employers are looking for misdemeanors and felonies, but seems that they also see infractions - theft. Looks like a misdemeanor and an infraction are the same even though a misdemeanor is worse.

I have also read that Misdemeanors get expunged, but infractions don't... It is amazing.

How much longer do you have to graduate?

What prior do you have? is it theft or DUI? ... because I think DUI closes less doors than a Shoplifting charge.

Sorry I am asking too many questions. I just think this forum is leaning me to quit the idea of someday being a nurse if I won't get a job... well, I still need to be accepted and seems like I won't because my infraction showed in my background report.

Most hospitals only do a BCI background check (at least around here) so it shouldn't affect me when I graduate and start looking for jobs. Right now it still shows up on the BCI & FBI and nursing schools do both. Once it gets removed, it won't show up on a BCI so I think I'll be okay for jobs when I graduate but it is getting into school that is the problem...
foreverlaur:

What is a BCI and where do you live?

How long does it take a charge to be removed? I thought they never are removed. You said: "once it gets removed, it won't show on a BCI..."

It seems that employers are looking for misdemeanors and felonies, but seems that they also see infractions - theft. Looks like a misdemeanor and an infraction are the same even though a misdemeanor is worse.

I have also read that Misdemeanors get expunged, but infractions don't... It is amazing.

How much longer do you have to graduate?

What prior do you have? is it theft or DUI? ... because I think DUI closes less doors than a Shoplifting charge.

Sorry I am asking too many questions. I just think this forum is leaning me to quit the idea of someday being a nurse if I won't get a job... well, I still need to be accepted and seems like I won't because my infraction showed in my background report.

The process is in motion to remove it (expunge) so it won't show up on a BCI (I should have been more clear - wishful thinking I guess!) BCI is at the state level which is what almost all employers do and for that, my record will show up 100% clean. Nursing schools and federal jobs do a FBI background check and it would show up on there that I was charged but that it was later dismissed.

Definitely not a DUI - I don't drink. They told me on the FBI background check, more details about the charge would show up. It would show up as a 3rd degree Felony but also show that I was a suspected accomplice in a crime someone else orchestrated to use fraudulent copies of items to steal $11,000 via eBay. That shows up to nursing schools and Ohio Board of Nursing (already cleared it with them - I'm fine to take the NCLEX) but future employers won't see it. So I'm not worried about getting a job post-graduation. I'm just trying to get IN to school!!

Racharina: sorry couldn't reply to your private message, i'm unable to use that feature at the present moment because i have less than 15 posts. From what the navy recruiter told me, if i sign up, i'm going to be stationed at one of the hospitals in the US. I am an RN, so they will let me work in their hospitals. I did tell the recruiter about my record (misdemeanor theft), she said it shouldn't be a problem. but i have a feeling it takes more than one person to decide on that issue (i know through experience). If u want more info, check out their website (navy.com). You might also want to consider the army or marines too. Whichever u choose, be able to devote at least 3 years serving. I'm sure it would be a great experience for u and your kids. Most likely they will help u relocate and get u situated.

Please note that this is not meant to discourage you and i'm not giving u legal advice. I'm only speaking through experience and what i was told. i just being realistic about the whole situation. But i really hope that one day, i run into someone that is genuinely understanding about giving people like us a second chance.

Specializes in MedSurg, Clinic, ER.
Racharina: sorry couldn't reply to your private message, i'm unable to use that feature at the present moment because i have less than 15 posts. From what the navy recruiter told me, if i sign up, i'm going to be stationed at one of the hospitals in the US. I am an RN, so they will let me work in their hospitals. I did tell the recruiter about my record (misdemeanor theft), she said it shouldn't be a problem. but i have a feeling it takes more than one person to decide on that issue (i know through experience). If u want more info, check out their website (navy.com). You might also want to consider the army or marines too. Whichever u choose, be able to devote at least 3 years serving. I'm sure it would be a great experience for u and your kids. Most likely they will help u relocate and get u situated.

Please note that this is not meant to discourage you and i'm not giving u legal advice. I'm only speaking through experience and what i was told. i just being realistic about the whole situation. But i really hope that one day, i run into someone that is genuinely understanding about giving people like us a second chance.

Just a heads up, from personal past experience and research... Recruiters are essentially salespeople. I'm not saying your recruiter did what I'm about to describe, merely letting you know what to watch out for.

If a recruiter ever encourages you to 'not mention' ANYTHING (particularly a criminal history, but pertinent to medical issues as well), get it in WRITING that it is ok to not disclose. In the past, people have suffered serious consequences for not revealing various issues at the instruction of a recruiter (on a don't ask, don't tell kind of level) only to find out that 100% on the table honesty is not just expected, but legally required as an aspect of signing the contract for enlistment.

Just as people deal with the difficulties of arrest records (with or without conviction) and deferred adjudication when seeking nursing license showing up even though x person told them it wouldn't... the military WILL see it, too... (as it pertains to health issues, part of taking advantage of health benefits in the military is making your history part of your record)

Not trying to discourage you one bit, so please don't take it that way. It is a great and honorable decision to serve one's country that way. Just brace yourself now to jump through every single hoop necessary and put it ALL on the table. (It helps to obtain documentation of everything in advance because you'll likely need it anyway.)

I thougth the whole point of having something expunged off your record was so that you didn't have to disclose it and people wouldn't find out about it?

here is what Im dealing with......infraction in calif 2006..drugs...in diversion in calif,left 1 year later with washington lic RN commited a crime...22months sanction free in Drug Court and 2 years sanction free in washington state....go back to calif.....space out on address changesboth states,calif revokes my rn from2006 conviction,sends notice to washington of,they suspend rn because calif revoke......have a attorney...it is my dute to notify with in 30 days of address change.......still clean and sober..sometimes the guy upstairs test me

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