SoCalVC

Karl, I have to have hope.. hope that people like me can become a nurse. The sad thing is, many people, good people, have made mistakes. The mistake that I have made will not deter me from becoming the best nurse I can be. BUT... will anyone hire me?? Are my efforts fruitless?? This is my concern along with many others on this site. I do know of people with success stories here in California. I personally know one woman who had a few drug felonies, got them reduced and dismissed and now is a working RN in SoCal. So, it can be done. That... is what I hold to.

hey guys.. here's another piece of info that i found. state employer's use of criminal records california california law places restrictions on the prospective employer's ability to ask about certain criminal records while protecting the applicant from any requirement to disclose certain arrest information. the fair employment and housing commission restricts employers from inquiring or seeking information on any applicant concerning any: *= arrest or detention which did not result in conviction; *= conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated; *= misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed; or *= arrest for which a pretrial diversion program has been successfully completed. reference: ca code of reg. 2787.4 the ca labor code further prohibits employers from: *= asking an applicant to disclose; *= seeking from any source; or *= utilizing as a factor in hiring, any information concerning an arrest or detention that did not result in conviction. exceptions: employers may ask about: *= arrests where the applicant is out on bail or his own recognizance while awaiting trial. *= certain arrests when the applicant will be employed at a health facilities and have access to patients, drugs, or medication. reference: ca labor code 432.7. above is what is going to hurt those of us that have an arrest record.

dylansmom7: it really sucks that some hospitals ask if you have ever been arrested for anything drug related. that really sucks. but, you say that some hospitals don't ask? that right there gives me hope. i'll just have to hunt all over ca, for those hospitals!! we are not people making such horrible mistakes that we should be thrown away like scums of the earth. we are human, we've made mistakes...some in our early life, some later in life. either way, we are not people who should be forgotten and deemed unworthy for a profession we have a passion for... nursing. djxpress: quit your full time job?? really? geeze, ya, lets have someone who has a full time job (which to most is very hard to find), and then throw him in jail anyways. we are a policing country, everyone has to pay a price for what they(state, federal) deem as against the law. it's great you have your rec's in place, i will do that soon as well. i spoke to my don and i suggested al-anon meetings for myself (which has to do with what i got in trouble for), because the brn may want to see rehabilitation and al-anon is the best i can do, i think. so i will go from there, have regular meetings with her every semester so she can get to know me when rec letter comes into play. that also goes for al-anon. not only do i need it (lord knows i do).. i will be able to prove to the brn, that i have changed my life, and this is what i have done since then. all i can say is your right djexpress... we need words of encouragement. we need to know that this is not the end of the road for people like us. yes, we have made mistakes, but who are they to judge the people we are. good people make bad mistakes all the time. i'm not making excuses for all people, but there are some of us that made bad judgments for whatever reason. i just remembered the other day, there was a woman in my clinical class (i completed my first semester of nursing then pulled out because of my issue) who had a few misdemeanors from 7 years prior. she got them reduced then dismissed and she is now a working nurse. so see.. there is hope for us right?

hi everyone! in california, from my experience investigating this matter, expunged is when you get the charge sealed. dismissed is when they pull the guilty plea, and enter not guilty. so, basically it was like i was never convicted. charges dropped. but, it was with the pc 1203.4. the brn wants you to state all convictions, even if we got it dismissed with 1203.4. mine is pretty new, i realize this. the brn might stop me at the nclex and not let me take, upon further investigation. i spoke with the don and she said that i should go for it. she had never heard of anyone, in the time she's been at our jc, getting a probationary license. so, hopefully.. that's a good sign for me. i should have all my ducks in a row: rehabilitation, letters of rec, everything that will show what i've done to change my life since then. by the time its time to take the nclex, it would have been 5 years since the "conviction". but, see legally, i am no longer a convicted felon. dylansmom7: i see that you did a drug diversion, which i believe they waive or drop the charges if you complete the diversion program. i've heard of that. but in my case, i was actually charged and convicted. i filed for dismissal of that conviction, it was granted, so now i no longer have a conviction, charges dropped. but, my thing is, because i was once actually convicted, does that make a huge difference? i don't know.. plus, mine was a possession of mj charge, not an under the influence (which i wasn't), so i don't think i could have gotten diversion. to djexpress: i actually had a felony (which could not be reduced) that i got dismissed. the judge told me that this was my next step. i hired an attorney and she did it for me. are you in california? if so, on your application for the hospital, did you state "no' on convictions or did you state "yes" conviction dismissed or expunged? i know it's alittle ways down the road for me, but i want to be prepared. i believe that hospitals do have access to the doj (fbi rap sheet) just as the brn does right? as for the "do not call" it was somewhere in the brn site. i can't remember, i was fishing everywhere in there, but most likely where it states something about convictions. i passed all background checks for the school, both nationally and seven county search by private investigator (retired police officer). i realize school and brn are two different ballparks, but if i'm cleared to be assigned to clinical in a hospital, does that possibly mean that my background is passable enough to work there? hmmm thank you guys for responding.. i really appreciate it

thanks for your reply persephone001! i left a really really long message earlier today in reply to your message but for some reason it didn't go through. anyways, the conviction was dismissed persuant to pc 1203.4. so by law, i am no longer a convicted felon. i do not have to disclose my conviction to employers except state, county, and now i find out hospitals too. from doing some research, my conviction was not expunged (sealed) but basically dropped. the judge recommended that i explore this website (http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#dismissals) regarding dismissals. this is what i found: what will a dismissal do? once all of your convictions have been dismissed: applying for private employment: under most circumstances, private employers cannot ask you about any convictions dismissed under penal code 1203.4. so, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. but, it is a good idea to read the penal code 1203.4 , the california code regs 7287.4(d) , and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job. click here to find the public defender. applying for government employment or a government license: on questions by government employers or government licensing applications if you are asked if you have ever been convicted of a crime, you must respond with "yes-conviction dismissed." (this is the kicker!!) in california, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime. you will not be allowed to own or possess a firearm until you would otherwise be able to do so. your dismissed conviction(s) can still be used to increase your punishment in future criminal cases. your prior conviction(s) can still affect your driving privileges. if you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. a dismissal will not relieve you of your duty to register as a sex offender. your status as a registered sex offender will continue to be available to the public on the internet under megan's law. if your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed. i know the brn in ca, really doesn't acknowledge this penal code. we still have to fight for our lives even though, i feel, i have paid my debt to society and to myself. i'm reading these horror stories that the brn denied licensure to people that have had a dui a decade ago. what makes me think i can get in with what i've done? look, i've tried to think positively since all this happened, but i also have to think realistically. i understand that the brn takes each case into consideration (case by case), but i find myself falling into a suffocatingly grim, pit of despair. yes, that dramatic. is there anyone out there that has made it (full license, not probationary) with a past similar to mine and got a hospital job? please say there is hope for the hopeless..

persephone001, thanks for your reply. in actuality, the case was dismissed under pc 1203.4 (same pc for an expungement i believe). the conviction of 'guilty' was pulled and a 'not guilty' was entered. so by law, i am no longer a convicted felon under this penal code. for a "normal" job application i can state 'no' as to ever being convicted of a felony or misd. but not when it comes to the state, county, and i'm guessing hospitals etc.. i have to state "yes, dismissed". i understand that the brn kinda takes 1203.4 into consideration?? but from what i've been reading from various threads, they still have denied licenses to many many people. in the california self-help website (which the judge recommended) http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#dismissals it reads: what will a dismissal do? once all of your convictions have been dismissed: applying for private employment: under most circumstances, private employers cannot ask you about any convictions dismissed under penal code 1203.4. so, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. but, it is a good idea to read the penal code 1203.4 , the california code regs 7287.4(d) , and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job. click here to find the public defender. applying for government employment or a government license: on questions by government employers or government licensing applications if you are asked if you have ever been convicted of a crime, you must respond with "yes-conviction dismissed." in california, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime. really?? hmmm you will not be allowed to own or possess a firearm until you would otherwise be able to do so. your dismissed conviction(s) can still be used to increase your punishment in future criminal cases. your prior conviction(s) can still affect your driving privileges. if you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. a dismissal will not relieve you of your duty to register as a sex offender. your status as a registered sex offender will continue to be available to the public on the internet under megan's law. if your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed. like so many people out there, i want nothing more but to go on with my life and put all this behind me. will this forever haunt me??

I have read through many of these threads and I'm starting to get very very discouraged. I was convicted of a drug related felony (California) in 2008. I don't even do drugs.. ya, really long story. But, pretty bad, bad enough that I couldn't get it reduced before dismissal in Feb of 2011. I let my RN school know everything and they said I should have no problem (if expunged) to enter the program. BUT, the BRN is another issue. I've looked on their website and they've asked prospective applicants not to call on this isuue because they are too busy. I don't know what to do. Should I continue on in the program, take my chances, just to be declined at the boards? I have many people who can right letters on my behalf, the D.O.N. said she would when time came, and other people I work with. But is that going to be good enough? Please help! Are there any miracle stories out there?? Any advise???