Please help... (felony and nursing?)

Nurses General Nursing

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Can someone convicted of a felony recieve a nursing liscence?

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I think it depends on where, what, when and who. I don't think that old felony convictions are necessarily a means to keep you from getting licensed, but more a pattern of bad behavior. One screw up at 19? Or a pattern of worsening convictions from juvenile age to present day? It is a matter of individual consideration, not a blanket statement.

Good luck to you. You should look up your state's nursing practice act to find out the guidelines, or you can call them and explain the circumstances and what paperwork needs to be submitted.

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You should check directly with your BON (Board of Nursing). Most will not allow you to even write the NCLEX exam with a felony conviction...........

I would definitely check with them before beginning school. You would be able to attend school in most instances, but if you won't be able to get a license then it wouldn't be worth it.....................IMO........

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Specializes in ICU, CM, Geriatrics, Management.

The nurse practice act for your state or jurisdiction should have the answer. Most of these are now available online.

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I don't know what state you live in but like what was previously said, you can look it up online...

for instance, in IL, if you look up the IDPR, and then look up RN, you find options to look from:

http://www.ildpr.com/WHO/nurs.asp

Then the relevant sections to give you the info, when you search will tell you:

Sec. 5‑23. Criminal background check. After the effective date of this amendatory Act of the 91st General Assembly, the Department shall require an applicant for initial licensure under this Act to submit to a criminal background check by the Illinois State Police and the Federal Bureau of Investigation as part of the qualification for licensure. If an applicant's criminal background check indicates criminal conviction, the applicant must further submit to a fingerprint‑based criminal background check. The applicant's name, sex, race, date of birth, and social security number shall be forwarded to the Illinois State Police to be searched against the Illinois criminal history records database in the form and manner prescribed by the Illinois State Police. The Illinois State Police shall charge a fee for conducting the search, which shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. If a search of the Illinois criminal history records database indicates that the applicant has a conviction record, a fingerprint based criminal history records check shall be required. Each applicant requiring a fingerprint based search shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department shall adopt rules to implement this Section.

(Source: P.A. 92‑744, eff. 7‑25‑02; 93‑418, eff. 1‑1‑04.)

and then you have to seach again to find out what they will allow:

© The Department may refuse to issue to an applicant a temporary permit authorized under this Section if, within 14 working days following its receipt of an application for a temporary permit, the Department determines that:

(1) the applicant has been convicted within the last

5 years of any crime under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;

(2) within the last 5 years the applicant had a

license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds in Illinois; or

(3) it is determined by the Department that it

intends to deny restoration of the license.

For purposes of this Section, an "unencumbered license" means any license against which no disciplinary action has been taken or is pending and for which all fees and charges are paid and current.

(d) The Department may revoke a temporary permit issued under this Section if:

(1) it determines that the applicant has been

convicted within the last 5 years of any crime under the law of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor directly related to the practice of the profession;

(2) within the last 5 years the applicant had a

license or permit related to the practice of nursing revoked, suspended, or placed on probation by another jurisdiction, if at least one of the grounds for revoking, suspending, or placing on probation is the same or substantially equivalent to grounds in Illinois; or

(3) it is determined by the Department that it

intends to deny restoration of the license.

A temporary permit or renewed temporary permit shall expire (i) upon issuance of an Illinois license or (ii) upon notification that the Department intends to deny restoration of licensure. A temporary permit shall expire 6 months from the date of issuance. Further renewal may be granted by the Department, in hardship cases, that shall automatically expire upon issuance of the Illinois license or upon notification that the Department intends to deny licensure, whichever occurs first. No extensions shall be granted beyond the 6 months period unless approved by the Director. Notification by the Department under this Section shall be by certified or registered mail.

(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)

If it is something minor, and you have graduated, get an attorney who specializes in dealing with your state's department of professional regulations, and perhaps they will make an exception or offer you some sort of probation license, but I would not give up immediately after putting in all of that work.

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I am not sure. I have been a RN for ten years. Diverted last six months from the er. I went from once to out of control. I am revoked and facing numerous felonies. I hope my life will turn around. I hope I get my liscence back in five years however if I end up with a felony conviction I am toast I think. Not worth it. I am now realizing that. Hope I can carry the message to other nurses so they seek help, stop practicing and get well. Not worth the emotional turmoil I am in now.

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Gianna, I posted a reply to you on another thread. I forgot to add that many state attornies will defer charges pending successful completion of a nurse peer assistance program with the understanding that if you screw up, you will then have to face the full charges. It helps also to jump right in and check yourself into rehab to show the state that you are already taking responsibility. Don't know if this helps, but I hope so. If you read my other reply, you already know I'm in your corner and I will be praying for you!!.............Cantoo

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I also want to know. I don't have any felonies, but I have 2 shoplifting charges from 1997 when I was a single mom and struggling, but no jail time, thank my Lord. I tried to get them expunged, but it was too early in 2001 because I had to wait at least 5 years. It is a long process and I haven't tried again, but I am about to apply to the nursing school and I am afraid because of these two incidents.

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Specializes in med/surg, telemetry, IV therapy, mgmt.

It depends on what the felony is. A general rule of thumb would be that if the felony involved substance abuse or a violent crime (battery) with a weapon you can pretty much figure that a license is out of the question. I know that California does not have any law that specifically says that you cannot be licensed as a nurse if you have a felony or misdemeanor conviction. However, the board also says that they reserve the right to investigate each individual case and make a ruling. I would imagine that something like perjury would be overlooked. You never know.

There are a number of other healthcare careers that have voluntary certification by national organizations rather than licensing by a state agency. A person's criminal background would never be a consideration in studying and becoming certified in those careers. There are a number of them that pay as good as and even better than nursing. However, the question of an employer inquiring about someone's criminal background is almost always going to come up when job shopping.

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I was convicted of a felony back in 1993 when I was 22. I live in NY state and I just graduated ADN program. I passed the NCLEX-RN boards in June and I didn't receive my license until Sept. 21. I had to be investigated for Moral Character, which I passed with flying colors. My current job knows about this and hired me with no problems and I am making $32.67 an hour. I actually was hired there 2 weeks before I even got my license. I knew the BON was almost finished with me so I started to interview for positions and got hired on the spot at the very first interview. My felony had to do with money from my father's business after he had died suddenly at the age of 42. Anyhows that was then, this is now. The only problem I had was a delay in receiving my license d/t a Moral Character investigation which actually only took a month to complete, if that. It was waiting on paper work to get from one office to another that took FOREVER! But the plus side was I got to stay home with the kids ALL summer and what a wonderful summer we had, after 4 years of me being in nursing school, summers included!

Just check with your state BON. I am already applying for a license in CT, and they aren't giving me a problem because it was 13 years ago and because NY had already done the investigation on me.

MrsStraty RN

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Thank you. Everyone is great on here and supportive. I need that right now with what I am facing legally. I try every day to find a reason to go on. I am facing five felony charges. After ten years in the ER. I am really worried. One of the charges Burglary because I was onsite at a facility when not supposed to be and diverted. I stay clean now. Scared clean. I do isolate from the world. This is about the most I talk to anyone. I am praying prison wont happen. I also hope I stay clean I will get my RN back after the five year wait.

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This will be hard to hear and may seem unfeeling.

If you have had these difficulties, you probably need to consider another line of work.

Nursing, as you know, involves caring for vulnerable individuals in difficult circumstances.

Not everyone can be a nurse. I hope you are able to stay clean, and I hope you find something satisfying to do with your life. But I hope you do not choose to stay in nursing. Felonies, burglary, etc. Surely if you step back and attempt to look at your situation and what got you there, you will realize that you should find a different profession.

There was another thread a couple of weeks or a month or so ago about some kid who stole a shaver for his father. Impulse control is important for nurses.

Good luck to you, and I'm sorry for your situation.

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