Record Expungement delay

Nurses Criminal

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Hello all. I am so glad I found this site; it has been a ton of help. I am in a bit of a jam here and would appreciate if I could be given some advice. I am 27 years old and currently enrolled in college. I will have my anatomy and physiology, general and developmental psychology, nutrition, and medical terminology complete by this summer. I want to apply to two LPN programs for the January 2016 entrance, however I face a dilemma. Ten years ago I made a mistake and had a legal issue. Hopefully I will be approved for expungement in the coming months. However, I also have a domestic violence (misdemeanor) that occurred in 2009 but I had a probation violation due to financial issues and had to appear in front of the job in 2012. I finished my probation that year and I have been on a good track ever since, but due to the probation violation I will not be eligible for expungement for that record until 2017 because they base it on your last court appearance and not the time of conviction. I read the Nurse Practice Act and it basically says that they look at convictions on a case by case basis and a school representative hinted at the same thing but told me to call back to speak to the director for clarity. Should I go ahead and apply to the program or should I wait until 2017 to have a clear record? I know that this reflects poorly on my character but I have made steps to improve my life and want to be able to move forward with my nursing career.

Whether you should apply, I have no idea. What do you plan to do in the meantime -until 2017? What career path?

I work as a CNA as of now but only on weekends because I attend school during the week. I really was looking forward to starting nursing school but I will make ends meet at my current job until I am able to get in.

Specializes in Prior military RN/current ICU RN..

It is up to you. You either apply or you do not. You either get in or you do not. I would learn from this and NEVER be involved with the law again. You have instantly made your life more difficult where life is already difficult enough. Make your life EASIER by staying away from courts. Hospitals nursing boards are super cautious about hiring/licensing people with records because if they hurt someone they will say "You hired a criminal? Pay me money!" Good luck

Listen I understand that this is not the optimal position to be in. I have paid my dues both out of pocket, therapy, and shame. It is hard enough to have to explain these things to an employer--this is why I am trying to get this removed from my record. I am a good person and I regret every doing these things but I have accepted my reality. I only wanted to know if anyone on here knows someone or has experienced a similar situation so that I can better weight my options.

Specializes in Prior military RN/current ICU RN..

I am not doubting you are a "good person" What you have to understand is schools only have actual records to go by. I have worked in Univ admissions and the liability these days is huge. If something goes wrong the first thing lawyers are going to do is look up criminal records..then hold it against the university/hospital/licensing agency. I am not passing judgement I am just telling you where I worked.. record..no admission...period. I believe you have turned your life around and that is awesome. Talk with the school...who knows they might be receptive. Much better to have a human interaction and a face to put with an application. Good luck!

Specializes in psych, addictions, hospice, education.

A school might accept you, but the facility where you would do clinicals probably wouldn't. Without clinicals you can't complete all your nursing school requirements and wont be eligible for licensure. i think you should definitely talk to that director you mentioned.

Is it different for nursing school? I am still able to work as a CNA and have only been turned down at one facility. I did my CMA clinical at a long term facility with my record. I will definitely talk to the director and go from there. I did not think of it from a liability perspective. Thanks for the advice everyone.

I would recommend applying.

Make sure you have all of your records lined up. You may be asked to present them. State Board for sure, but it's possible that the Director you speak of may want to review them as well in consideration of your situation.

I have a little experience in this manner. Loose parallel really. Years ago as a new adult I got into a fist fight in a bar. It was a racial thing, and apparently since the guy actually shared the same address (apartment complex) it was a Domestic Disorderly Conduct case. He hit me in the back with a bar stool when I tried to escape. I lost my temper, turned, and punched him out. Long story short, I ended up spending a few hours in the clink and a $50 dollar fine when all was said and done.

Even though we are talking over 20 years ago, I still have to be prepared to submit that paperwork whenever I renew my license. Never really goes away...

I would recommend applying.

Make sure you have all of your records lined up. You may be asked to present them. State Board for sure, but it's possible that the Director you speak of may want to review them as well in consideration of your situation.

I have a little experience in this manner. Loose parallel really. Years ago as a new adult I got into a fist fight in a bar. It was a racial thing, and apparently since the guy actually shared the same address (apartment complex) it was a Domestic Disorderly Conduct case. He hit me in the back with a bar stool when I tried to escape. I lost my temper, turned, and punched him out. Long story short, I ended up spending a few hours in the clink and a $50 dollar fine when all was said and done.

Even though we are talking over 20 years ago, I still have to be prepared to submit that paperwork whenever I renew my license. Never really goes away...

Thanks for sharing your experience. I can provide all the necessary documentation if needed.

There are stories of people who were able to complete school but then they were unable to obtain a license. This is a risk you have to take, as the state Board will most likely tell you that they can not give you an answer either way prior to your application. Not saying you should not try, only that you must be realistic. At the very least, you will be inconvenienced and it will take time to get what you want, if you can get it. Good luck.

There are stories of people who were able to complete school but then they were unable to obtain a license. This is a risk you have to take, as the state Board will most likely tell you that they can not give you an answer either way prior to your application. Not saying you should not try, only that you must be realistic. At the very least, you will be inconvenienced and it will take time to get what you want, if you can get it. Good luck.

That would be horrifying. I planned on applying for the January 2016 program which is eighteen months. I will be eligible for expungement by then. Thank you.

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