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Petty theft was expunged- do I have to disclose to the BON?

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by Nurse Beth Nurse Beth, MSN (Columnist) Educator Columnist Innovator Expert Nurse

Specializes in Med Surg, Tele, ICU, Ortho. Has 30 years experience.

Hi Nurse Beth,

I was arrested and charged with a petty theft 5 years ago. I have run an FBI background check on myself and nothing shows up as I have had it expunged. I am getting ready to apply to the BON in New Mexico where it shows that we are not required to report any expunged records but if it shows up that the application can be delayed for review? Should I disclose this? Has anyone else been in a similar situation?

Dear Petty Theft,

If you were convicted of a crime, and that crime was expunged, the chances are good that you must report it in your RN application. Many state BON/BRN applications require you to disclose all arrests and convictions.

An employer background check will typically not reveal an expunged record....but the deeper BON/BRN check will. The BON/BRN job is to protect the public. Arrest records and convictions are not "hidden" from state boards.

If you do not disclose an expunged conviction, you run the risk of having your application denied because of fraud, or intent to mislead.

You say that the NM BON application shows you are "not required to report any expunged records". If the application is worded as such, you're OK. When you complete your application, answer everything asked truthfully.


for a how-to on writing a letter of explanation to the BON.

Best wishes,

Nurse Beth

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