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Should I disclose arrest without conviction?

Posted
by nurseama nurseama (New) New Nurse Student

Specializes in ICU. Has 3 years experience.

Hi guys,

I am in a real murky area when it comes to disclosure to the BRN. I currently live in CA and 9 years ago I was arrested for a fight with my sister. Ultimately, I got a lawyer, and all "charges" were dismissed. I was never convicted! According to the verbiage on the CA BRN website, it asks to disclose dismissals of convictions, and not charges. I've ordered all necessary paperwork to provide shall I really need to. But I really don't want to open Pandora's box and disclose this if I don't need to. The arrest record (which was completely false), painted me out to be some monster. Some things listed in the arrest record would be considered by the BRN to be "substantially related to duties of an RN". Of course, an arrest record is not proven true until prosecution in court. That is why I am hesitant on reporting. Court proves that I was innocent by not convicting me. I have ran a DOJ/FBI background on myself, and no convictions appear (just the arrest). The website clearly states that you do not need to report an arrest that did not lead to conviction. I want to be as forthcoming as possible, and I've got nothing to hide. I am so torn because I really want to be as honest as possible, but my family thinks I shouldn't disclose this. The risk of denying my license after paying 100k for school and working my @$$ off throughout nursing school is a serious sickening risk. Any advice??

beachbabe86

Specializes in Oceanfront Living. Has 21 years experience.

I truly believe that you don't have to disclose an arrest, just convictions.

Good heavens,...100K for school? WOW!.

nursingstudentboy2020

Has 2 years experience.

Were you able to get your license? I also have an arrest but no conviction and had the arrest sealed. I am unsure of what to do

nurseama

Specializes in ICU. Has 3 years experience.

I apply for my license in a few weeks. Will keep you updated. I am calling to Board of Nursing again to confirm. My lawyer says I was never convicted and never did a diversion program, so I do not need to disclose. My original charge/compliant was dismissed. Where I'm torn is that I had formal charges filed. I'm sure the BRN wants to disclose everything. At this point I might as well just say it, and show how much I changed. At the end of the day I was not convicted, so I cannot be denied realistically. But I did pay for a DOJ RAP sheet on myself, and only the arrest showed. But the BRN does use FBI...

nurseama

Specializes in ICU. Has 3 years experience.

my lawyer suggested sealing those records now. That way when you go for a job, you can be safe. But the BRN has higher access.

nurseama

Specializes in ICU. Has 3 years experience.

Just keeping everyone posted. I did not disclose my "charge" with the Board of Nursing because my charge was never initially a conviction. If I had been charged and it was dismissed, I would have had to. I was approved by the board of nursing to test without any delay. Just remember if you were convicted report. If it was simply a charge and arrest, you do not need to disclose.

nursingstudentboy2020

Has 2 years experience.

@nurseama I had my record expunged and it does not show up on the FBI background check so I am wondering what to do.

nurseama

Specializes in ICU. Has 3 years experience.

Yes, you need to disclose even if a conviction has been expunged. My case was different because I was not convicted. It will definitely show on the background check as well as any hiring hospital background check too.

Wizard 1

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc. Has 12 years experience.

It depends on what the application for licensure  specifically  asks. If it asks only for convictions and does not specify expungements then most likely you aren't required to disclose. Double check with state law to make sure and read everything carefully. Best to seek the advice of an attorney on this. 

Hello NurseAma,

I know it's been a year since you posted but I hope to still get a response. I was wondering if your criminal charge (criminal complaint) was filed and then dismissed after the arraignment? or were you just arrested and formal charges were never filed...I am in a similar situation. Were you able to talk to someone from the BRN prior to submitting your application?