Question: Why did my background check come clean when it shouldnt be?

MrChicagoRN, RN · Sep 30, 2012

So, you were arrested, but not convicted?Most applications only want to know about convictions, and even then, not every conviction is going to be reported to the FBI. Answer truthfully, because if you are caught in a lie, that's grounds for termination. But don't volunteer information. If they ask about convictions, that is what you answer, not telling them you were arrested for a youthful misadventure.

Pattycakes85 · Oct 6, 2012

I guess what I don't understand is, if the actual fingerprinting FBI background check came back clear, how does the BON see it? Do they not use the same background check? And also, do I have to disclose this information on my applications for nursing school and future jobs as well? I hope my concern made sense. ?

Home Health Columnist / Guide · Oct 6, 2012

Our new thread has info your seek regarding backgroud checks: Common Misconceptions About Professional Licensure

akulahawkRN, ADN, RN, EMT-P · Oct 7, 2012

Not all events are reported to the FBI. Many times such records are only reported to a state database, and that may not be queried by the FBI... if the local jurisdiction where the arrest took place deem it necessary to report that arrest at all. Good background investigators know this, so they will also query records from where you used to live. For a better "picture" into your actual record, you might consider doing the same thing. Now if you were arrested but never ultimately charged with a crime, that might not even have been reported to anyone outside the arresting agency. There may also be some other reasons why those records may not show either... and that could be an expungement or something to that effect. That wouldn't be seen by the "public" but law enforcement would be able to see it as they typically can see "everything" in your record that wasn't sealed. That info would still be there, but they'd have to get a court order to unseal it.

Pattycakes85 · Oct 7, 2012

So should I call the state police of where I was arrested (I don't live there anymore but was arrested there) and try to retrieve my records? I just want to know what my record is.

And I definitely was charged. Because I had to hire a lawyer and take a class after.

Thanks

Home Health Columnist / Guide · Oct 7, 2012

Your concern is beyond the expertise of our members. Not all crimes are submitted to FBI; some are retained at state police level.

Per the above referenced article:

There are some states in which such self-reporting isn't required but nurses must still disclose criminal charges upon licensure renewal. But that disclosure can lead to an investigation and nursing board action against the licensee. Currently, 52 nursing boards collect criminal background information on potential licensees. Boards of nursing obtain such information from sources other than a license application, including the National Clearinghouse of Information on Crime, the Federal Bureau of Investigation, state law enforcement authorities, private agencies, employers, and data banks. All felony convictions are an absolute bar to licensure in six jurisdictions: Florida, Arizona, Rhode Island, Guam, the Northern Mariana Islands, and American Samoa. Certain felony convictions are an absolute bar to licensure in American Samoa, Arkansas, Florida, Guam, Kansas, Louisiana, Massachusetts, Ohio, Oregon, Pennsylvania, Tennessee, Texas, and Utah.

Contacting the state police or lawyer who previously represented you may give you info you desire.