ScaredCat

See if you are able to file a motion requesting that the record be expunged. You can talk to an attorney for a consultation to see if it is an eligible offense.

My personal experience is that I was arrested on 3 felony counts of resisting/obstructing/assaulting a police officer...it was a trauma response after a very public assault, mixed with some alcohol. I got a criminal lawyer who got be the pre-trial delayed sentencing deal, similar to yours - I plead guilty to the 3 felonies and sentencing is delayed for a year and for that year, I'd basically be on probation, after the year is up and all conditions are met, all the charges are dropped. Sounded great. Until I talked to a healthcare lawyer. I'm in MI, so I don't know if it's different in SC, but once you plead to the felonies, you have to self-report to the BON. My attorney said that, in the eyes of the law, the charges don't exist. But in the eyes of the BON, pleading guilty, even if the charges get dropped, is still guilty. So in my case, because it was an assaultive crime, a felony would be grounds for automatic license suspension during the investigation, as well as a 10 year restriction from working in many types of facilities, including home care and hospice - which I was for the previous 7 years (and home care for the 7 before that). I ended up having to plead to 1 misdemeanor "attempted" resisting/obstructing/assaulting a police officer. It's on my criminal record, but my nursing license is clean. I, too, had to undergo a litany of drug tests, peth test, breathalyzers...disclose all my medical records, have a long intake assessment with the recovery agency, pay for my psych eval and found not to have a substance abuse or mental health issue and did not need a monitoring contract. Those - they're all just a money grab. $10k a year in tests and therapy and all that. While my issue wasn't diversion, I do have experience. In hospice. A co-worker, a best friend from nursing school, we worked together. She was vocal about her opinions of things and sometimes that got her in trouble. Those toxic workplaces, iykyk, well she ticked the wrong person off who knew she had comfort meds in her car, called her in and said a report was made that she had been diverting drugs from an assisted living and that more than 1200 pills were unaccounted for. They sent her for drug testing and she dropped dirty, she took an old norco from a previous surgery while waiting to have her infected tooth extracted the following week..but because that's not an active script and she's taking for a condition other than what it was prescribed for, technically that is inappropriate use. It was enough to get her a monitoring contract for 4 or 5 years. She did not have a healthcare attorney. Long story short, I empathize with you and your situation. You will get out the other side, even when it feels like you won't. Follow ALL of their rules down to the detail...it's more about showing you can pay endlessly and follow their rules. Get an attorney for health care...the money you spend on one will be money, time and heartbreak you will save yourself from later. Hospice is like the Wild West - people are crazy and agencies will throw you under the bus — trust NO ONE. Look out for your license because no one else is going to. —I did on-call for a while there and they would want me to pick up controls and I refused until there was a policy in place to protect myself and the patient from errors - a form signed by pharmacy and then signed by the family immediately upon arrival for the visit with them counting. CYA, always. Good luck!!

I have a misdemeanor conviction for attempted resisting/obstructing/assaulting an officer that occurred after an instance of intimate partner violence. I self reported and went through the licensing agency's evaluation and assessment and found not to have any substance abuse or mental health issue that would warrant a monitoring contract. I have a clean, unrestricted license. But - because my conviction is "assaultive" in nature, I have a 3 year ban on working in a number of facilities. Prior to this, my 14 year nursing career had been entirely in home health and hospice. I am lost trying to navigate what I can do. I've been going to counseling for CPTSD but still trapped in an abusive marriage. It's been a challenge. I need someone better encouragement and direction.

I do have a healthcare attorney who will represent me when reporting to and going before the BON. After all is said and done with the BON, I expect to face some challenges being hired, but I'm not sure what to expect as far as how much trouble I will have. Maybe it's not even worth continuing to be a nurse and I should move on and try to do something else. I don't prefer this option, but it's still available to me to plead a different way and end up will all charges dismissed, however going that route would mean not being a nurse anymore but having a clear criminal record if I chose to pursue other options in career choice.

I'm about to plead guilty to 1 count of misdemeanor resisting/obstructing/assaulting an officer. I have a solid work background and no other criminal history but will not be able to continue working in the role or "covered facility" type that I am currently in, and have worked in for my entire career. Where would my best bet be to try looking for work? Will anyone hire me?

I'm in the same boat, regarding the charge and not being able to work in certain facilities. This is what I am concerned with as well, finding someone to hire me with a conviction that is "assaultive in nature.” I have heard to try psych nursing, rehab/detox centers, etc. I'm afraid I won't be able to find work. If you find something, please post an update. Sorry I can't offer any advice.

Thank you for your advice! I actually hired a healthcare attorney to assist my criminal attorney was able to get a different offer from the prosecutor to reduce the charges to 1 misdemeanor count of attempted R/O and drop the other 2 charges, but the charge will stay and not be dismissed. Later, I can apply to have it expunged, but it sounds like it doesn't really matter because it will be reported on my license forever anyway. The healthcare attorney said that the felony would be an automatic summary suspension but the misdemeanor is not an automatic suspension. My biggest concern now is where I will be able to find a job with this on my record. I will not be able to continue to work at my current job, once they find out about the conviction.

Because the crime is "assaultive in nature" (resisting/obstructing/assaulting an officer) I will be barred from working with vulnerable populations for 3 years, and those organizations are prohibited from employing someone with this conviction, in any capacity, so I will not be able to stay where I'm at. My employer requires employees to give 2 weeks notice and finish out those 2 weeks in order to be paid out the PTO. I want to give notice so my teammates aren't overwhelmed and so management can work on finding coverage until they can hire a replacement, rather than just using up my PTO before I leave or getting fired and losing it outright. I just don't know how quickly that will happen.

I was arrested on 3 felony charges of resisting/obstructing/assaulting an officer and my criminal attorney has worked out a plea with the prosecutor to dismiss 2 of the felonies and offer one attempted resisting/obstructing/assaulting an officer charge. I'm due in my next court date to plead to the charges, assuming I can't get it further reduced. My healthcare attorney has prepared a letter of collateral consequences to hopefully convince the prosecutor to further reduce the charges, but my criminal attorney says it's highly unlikely that will happen. The court will report the conviction to the licensing board within 21 days and I have to self-report within 30 days of accepting whatever plea offer I get. Any assault related conviction will bar me from working at my current job and my healthcare attorney said the BON will notify them of my conviction and I will be fired. My question is how soon does the BON notify my employer of the conviction and begin the investigation process? I want to resign from my position, rather than get fired - not only to save what's left of my dignity and reputation with my colleagues, but also so that I will get paid out all of my accrued PTO when I leave. I'm going to need that money. But I don't want to resign too early either, because, again, I will need the money. Does anyone have any insight on how this process works? I asked my healthcare attorney, but that seemed like the least of her concern and she didn't really give me an answer. I'm the type that needs a plan for all possible outcomes and the stress of this all has been and continues to be very overwhelming for me.

I've been a nurse in good standing in the state of MI for 12 years with no previous criminal history. Incredibly long story short, I was arrested and charged with 3 felony counts of resisting/obstructing an officer. I was intoxicated, injured and trying to refuse medical attention from EMS when the event occurred and don't even know what happened. I have a plea offer where the charges would be dismissed after a year of probation, or my attorney can try to talk about reducing the charges to some kind of misdemeanor. I just learned that I will have to report that to the state board after I accept the plea, even though it will be deferred and then dismissed. That pretty much means I will lose my nursing license, right? Has anyone been through a delayed sentence deferral program that can share their experience? I'm feeling pretty hopeless right now, like my world is ending over one night.