OLTC Background Check Problem

[maryuh982]

So this is a little confusing. I live in Arkansas and while I was in nursing school I applied for a job as an aid at a LTCF. I had a felony possession charge in 2006 which was later expunged. According to the Nurse Practice Act in the state, this was not considered a conviction because of the expungement and I did not have any problems obtaining my LPN license. When I applied to the LTCF I told them about my charge and was flagged in the clearance registry and have had to jump through hoops to get hired at any nursing facilities ever since. Here's the deal: the Rules and Regulations for Employees of LTC Facilities for the State of Arkansas states: "502. The requirement for a criminal record check under these regulations shall not applyto persons who render care subject to professional licenses obtained for the followingoccupations:1...2...3... 4. Registered or licensed practical nurses. When I've applied to places and they've told me I'm not able to be hired because of my background check, I have asked why they ran my license through the OLTC registry instead of the BON registry like the state says they are supposed to. They always say that they just run everyone through OLTC. I have printed out copies of their own policies that state the regulations do not apply for licensed professionals as well as the policies stating they are supposed to verify eligibility with the BON instead. This typically does not go well no matter how delicately I try to address it...I have gotten lucky with 2 facilities that actually listened, agreed, and ended up hiring me. It is very frustrating however, and I'm just curious if anyone else has dealt with any situations similar to this and if so, how have you addressed it?

Thanks! :)

[traumaRUs, MSN, APRN]

Moved to a more appropriate forum. Best wishes.

[travduck, BSN, RN, CNM]

Have you written directly to the OLTC with a complaint. Expungement is expungement; forgiven is forgiven; dismissed is dismissed in most cases. If you are a member of a union - utilize their legal service department to help yourself to "expunge" this record. Most lawyers have a 30 - 60 minute no fee period that you can access thru either the lawyer referral service or state legal services. You need to get this off your "record". It might, in the long run, be worth a legal fee to get assist to accomplish this.