Nursing with misdemeanor assault charge

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Hello all,

I am currently a nursing student set to start my clinicals in the fall. I do have a criminal background. I was wondering if anyone here has run into trouble doing clinicals. I call the coordinators at my school and much to my surprise she just told me to wait the 7 years, which is how far back employers look at your background. I did not want to accept this as I have worked extremely hard to get to where I am now. I am freaking out. I have called the area hospitals and they all have told me to talk to me, clinical coordinators. Has anyone here dealt with a similar situation or something close to it? This is going to make me lose my mind. I have made some less than desirable choices but I refuse to let them stand in my way.

Thanks

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Specializes in Nursing Professional Development.

I work with this issue within the hospital where I work. We make decisions based on specific cases -- and each review case separately. Be prepared to submit the court records and discuss the details of your case with any and all clinical facilities you will visit as a student. Be prepared to show that you have changed since the time of your incident. Be prepared to discuss what you will do to be sure nothing like that ever happens again, etc.

Ask your school what will happen if any of those facilities decide not to let you come to their facility. Are there alternatives you can explore? It would be a shame to get half-way through school and then run into a facility that will not accept you as a student -- and have to drop out of school after you have made that big investment. That may be what the school adviser was trying to help you avoid.

Good luck.

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On 12/16/2019 at 4:19 PM, llg said:

I work with this issue within the hospital where I work. We make decisions based on specific cases -- and each review case separately. Be prepared to submit the court records and discuss the details of your case with any and all clinical facilities you will visit as a student. Be prepared to show that you have changed since the time of your incident. Be prepared to discuss what you will do to be sure nothing like that ever happens again, etc.

Ask your school what will happen if any of those facilities decide not to let you come to their facility. Are there alternatives you can explore? It would be a shame to get half-way through school and then run into a facility that will not accept you as a student -- and have to drop out of school after you have made that big investment. That may be what the school adviser was trying to help you avoid.

Good luck.

Just a little bit more information I was technically not convicted of anything as it resulted in probation before judgment. I am not sure if this makes a difference or not.

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Specializes in Nursing Professional Development.
20 hours ago, hillary99 said:

Just a little bit more information I was technically not convicted of anything as it resulted in probation before judgment. I am not sure if this makes a difference or not.

I'm assuming that in order to receive probation as a sentence, you must have pleaded guilty to something. Pleading guilty is the same as a conviction. While it may help your situation that you admitted to wrong-doing and took responsibility for it by accepting the sentence (probation), it probably won't effect the process any. If it appears in a criminal background check, you'll need to be prepared to supply any and all court records about the incident, discuss it with clinical facilities, etc.

Depending on the details, the clinical facilities may or may not decide to allow you to come there as an employee or student. Each facility will conduct its own review and make its own decision.

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Specializes in Educator.

Each location that you would be assigned to has the option to pick, choose and refuse the students that are able to work in their facilities. Charges that involve violence or aggression can be particularly difficult to overcome as you will be working with vulnerable people. Doing your research by checking with the clinical sites ahead of time may be useful but nothing is guaranteed. You may be safer waiting but also understand that the 7-year rule will not apply for the BON that will ultimately decide if you are eligible to obtain your license.

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Specializes in Oceanfront Living.

You may be looking at a situation of not being able to obtain licensure as a nurse. Schools will allow you to enroll but cannot predict the BON position of granting a license.

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Specializes in 7-year First Responder.
On 12/20/2019 at 11:24 AM, llg said:

I'm assuming that in order to receive probation as a sentence, you must have pleaded guilty to something. Pleading guilty is the same as a conviction. While it may help your situation that you admitted to wrong-doing and took responsibility for it by accepting the sentence (probation), it probably won't effect the process any. If it appears in a criminal background check, you'll need to be prepared to supply any and all court records about the incident, discuss it with clinical facilities, etc.

Depending on the details, the clinical facilities may or may not decide to allow you to come there as an employee or student. Each facility will conduct its own review and make its own decision.

I have a question! If you knowingly took a misdemeanor plea deal several years ago, but it doesn't show up on any state or FBI checks, do you still have to disclose it or no since it can't be found?

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Specializes in Nursing Professional Development.
22 hours ago, FutureNursingDude said:

I have a question! If you knowingly took a misdemeanor plea deal several years ago, but it doesn't show up on any state or FBI checks, do you still have to disclose it or no since it can't be found?

I won't hazard a guess on that question. Knowingly lying on an application (e.g. answering "no" to a question when the answer is really "yes") is always dangerous. You might get away with it -- maybe not, but I would never recommend anyone lie on an application.

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On 12/20/2019 at 8:24 AM, llg said:

Did you check your rap sheet?

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Specializes in 7-year First Responder.
1 hour ago, traumaholic said:

Did you check your rap sheet?

My state police RAP sheet is hit or miss. Sometimes it shows up, sometimes (most) it never does.
My FBI shows the arrest and conviction of the simple misdemeanor so I think it’s best to disclose it. My student handbook says only felonies could prohibit you from getting a license the further I read so I think I should be fine.

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5 minutes ago, FutureNursingDude said:

My state police RAP sheet is hit or miss. Sometimes it shows up, sometimes (most) it never does.
My FBI shows the arrest and conviction of the simple misdemeanor so I think it’s best to disclose it. My student handbook says only felonies could prohibit you from getting a license the further I read so I think I should be fine.

It's best to disclose it, especially if its on your rap sheet. My FBI rap sheet is still titled for a reprimand I received in the military, which is not an arrest, charge or conviction; but I still had to disclose to the BRN. It never shows up on any other background and it didn't show up for my school either. The board will know.

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Specializes in Oceanfront Living.
4 hours ago, FutureNursingDude said:

My student handbook says only felonies could prohibit you from getting a license the further I read so I think I should be fine. 

I would advise looking at your state rules and regulations for granting licenses to RNs. I would also advise being totally honest. It is a probably a small issue, but ethically it is best to be truthful. I have handled 100s of these cases for the Board.

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