Nursing with 5+ year old dismissed petit larceny (theft) charge ?

Published

Hello,

My name is Mimi. I'm a 24 year old prospective nursing student living in Virginia. In 2011, I got arrested for petit larceny (theft) with a close friend after we attempted to take make up from a walmart and got caught. It was a huge mistake and looking back, I am shocked that I was so brazen and immoral to do something like this! :( Because this was my first (and only) arrest they dismissed the charge after I completed community service. I know that theft is a crime of moral turpitude, which the BON does not take lightly. I'm not sure if the fact that the charge was technically "dismissed" will make any difference. I just wanted to know if anybody is or was in a similar situation, and if so, what the outcome was. Any response is greatly appreciated. Thank you!

Note: I've already contacted the VA BON and the schools that I am interested for their opinion but was given vague responses so figured i'd reach out to you guys! I'm sure somebody out there has been through a similar situation.

Up Vote Up Vote ×
Specializes in Home Health, Mental/Behavioral Health.

Hi there Mimi. I am glad to hear that you want to begin nursing school. It's an amazing journey. If it's what your heart is really searching for, it's worth it!

Ill share my suggestions and experiences with you in hopes to give you some insight. Ultimately I want you to know that Nursing school and becoming licensed is totally doable with what your facing. I've seen persons in much worse circumstances overcome and become licensed. Past is the past and individuals who have learned from their mistakes deserve to move on with their lives!

I'm not from VA, but my sister is a paralegal and in the past when I inquiried about some of my classmates, had informed me that when it comes to Nursing, the only way to be sure you receive your license with no problems is to get that misdemeanor expunged asap.

You mentioned that you did your community service and it was dismissed. That is great! This means you are eligible for an expungement. Here is why you want to expunge it and have it sealed from your record.

A classmate of mine (back then i lived in CA) had a 16 year old petty larceny charge on her record, she got into the nursing program no problem, she worked her tail off, passed classes, then it came time to apply for eligibility to take the NCLEX. They gave her a run for her money, literally. She ended up getting the run around. It was very difficult for her. She filed necessary paperwork and became eligible to finally take the NCLEX 5 months post grad! She passed her NCLEX, and then had MORE paperwork to file and fees to pay. It took her 1 year to gain her license after graduating. I can't imagine the frustration she must have felt.

On the other hand, I've read in several forums how people with MULTIPLE misdemeanors got through all the steps with no hiccups.

But this is not a risk or headache you want to risk.

My point is that the board of nursing, no matter the state, will likely give you the ride of your life if you have any charge on your record. It is understandable that they want to ensure they are licensing stable and responsible individuals, but I do feel your frustration on the vague answers you've gotten. The bottom line is they can decide they wanna license Mrs. X with 2 misdemeanors, and not license Mrs. Y with only 1 ... which is why you cannot get an exact answer.

The only way to avoid this mess, in my opinion, is to file a request for expungement with the court. You can do it yourself or by hiring an attorney. It is totally up to you whether you want to hire an attorney for their expertise. They will ensure everything is handled accurately and smoothly. I'm not sure of the cost though.

This is a link to the VA Fairfax County expungement procedure.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.fairfaxcounty.gov/courts/circuit/pdf/ccr-a-35.pdf&ved=0ahUKEwj6gLq5tMLOAhUY5WMKHc-MA_AQFggbMAA&usg=AFQjCNHmL58gqV0BmuD5qz3Zf9Bn2ieWbA&sig2=cDhI7Eso3nJckzzf7FyD5A

If your not in that County I apologize but it will at least give you a general breakdown of the steps necessary to take, plus the guidelines for filing the request are pretty much the same state wide. You can take care of this process at the same court you visited prior.

In the end it will definitely be less costly to you, money wise and mental wise, then if you run into all the issues after starting and have to go back and forth with your nclex and licensure unit.

I hope this helps! You can do this, time to get this last thing hanging over you out the way and on to bigger and better things!!.

Gotta include this last part to cover my hiney;)

Disclaimer: These are my personal suggestions, and in no way am I posing to be an attorney or legal professional, or offering legal advice.

Up Vote Up Vote ×

Hello,

Its all going to come down to what shows on your background check.

I had things I did in the past that were worse and they were not on there.

Best thing you can do is get your background pulled and see what pop's.

Good luck!

1
Up Vote Up Vote ×

Hi Mimi,

I was in a very similar situation to yours; in 2007 I was arrested for petty theft in CA. I was beyond mortified, embarrassed, and ashamed. I had just turned 18 at this time and was attending a 4-year university to complete my pre-med prerequisites and knew that there was no way I could have any of this show up on my record. I paid my fine and completed my probation period and then immediately filed to have the charge expunged. After graduating I changed my mind about medical school, I decided to go into nursing. It took me about 2 years to get into a nursing school, so by this time it had been about 7 years since my arrest. My first piece of advice is to be very upfront and honest with your school in regards to your past criminal charges. Your school can only help and guide you if they are aware. When applying to nursing school, I only had to do a regular online background check. Since my charge was expunged, nothing showed up. If your school requires a Livescan background check, EVERYTHING shows up, including charges that have been expunged. After getting into nursing school the next thing I did was find a local hospital to volunteer at. I figured that it would #1 make me look better to the Board of Nursing, and #2 give me the opportunity to scope out and make connections with a potential place of employment for after I finished nursing school. My next piece of advice is to build relationships with a few people at school, such as a Dean, a professor, or a clinical instructor. When you submit your application to sit for the board exam, you're also going to need at least 2 letters of character reference. In these letters, the writer needs to acknowledge that they are aware of your past conviction. So find a few people that you trust and remain in contact with them throughout nursing school. I submitted 3 character reference letters; one from a Dean, one from a theory professor, and one from a priest at my church. I was also able to submit a letter from the hospital I volunteered at with the amount of hours I volunteered. My last piece of advice is to be 100% honest when you apply to take the board exam! From what I have been told, most people have issues because they don't disclose their past convictions. In CA you have to submit a Livescan background check, so EVERYTHING shows up, and your application process will be delayed or even denied if you don't disclose everything. Along with the character reference letters, you will also need to submit a personal statement of what you did and what you have done to rehabilitate yourself; a copy of your arrest record, and a copy of all the court paperwork. I would suggest getting copies of everything sooner rather than later.

With all that being said, I finished nursing school in April 2016. I took the NCLEX on May 13 and my results posted on May 16. I had almost no delay in getting my ATT and no delay in getting my results. I also went from volunteering at the hospital to working as a tech in the float pool, which I have been doing for about a year. This has ultimately lead me to being accepted into the hospitals next new grad cohort in the ICU (my dream job!), which starts next month.

So while having a past criminal record for something so stupid and embarrassing sucks, it is 100% possible get into nursing school and ultimately become a nurse. I hope this helps!

Up Vote Up Vote ×

Hello!

I just saw your reply and must say that I really appreciate the very optimistic and well thought-out response. I checked out the link you posted and discovered that in VA, unfortunately if you received a deferred adjudication, as I did, they do not allow you to expunge the record :(. Regardless, I still plan to pursue my nursing degree and license. I know it'll be an ordeal but I'm sure it'll all be well worth it. Thank you so much for your reply!!

Up Vote Up Vote ×

Thank you for your reply! I've considered running a background check on myself to see what comes up but haven't yet. I may just have to invest in one and see what comes up. Thank you again :)

Up Vote Up Vote ×

Thank you for your reply! I really appreciate it. I really wish I had the mindset back then that I do now but I'm still optimistic that I'll be able to accomplish my goal to become an RN. I know you said that you got your charge expunged (which unfortunately I am unable to do in VA), does this mean that your jobs background check did not show the conviction at all? or do you not know? I know some people have had no issues getting a license only to get denied for jobs because of their backgrounds :(

Up Vote Up Vote ×
+ Join the Discussion