Should I Report my Sealed Arrest?

Nurses Nurse Beth

Updated:   Published

Specializes in Tele, ICU, Staff Development.

Dear Nurse Beth,

I was just accepted into nursing school in Oregon. A background check is required. Transparency regarding all past criminal activity is encouraged for enrollment as well as future licensing and clinical settings. I have an arrest record WITHOUT a conviction with the case ending in all charges being dropped. I had the arrest and dismissal set aside/record sealed. According to the official court signed documentation after said dismissal, "...proceedings are deemed not to have occurred, and the defendant may accordingly answer any questions relating to their occurrence as if they have not occurred." Should I still report the sealed arrest? "

Dear Sealed Arrest,

Congrats on getting accepted ?

There are 2 background checks ahead for you, and they are different in depth. They are the nursing school background check and the Oregon State Board background check which will not be conducted until you graduate and apply to take the NCLEX exam.

The nursing school check is less of a deeper dive than the BON check. Chances are the nursing school check will not uncover a sealed record, although you can't be sure.  However, you were urged to be transparent, and it's probably better to tell your school now. The arrest will most likely come up later and be reported to the school when you apply to take your NCLEX. At that point, the school will ask you about it.

The BON background check is an FBI level check that uncovers everything, sealed, not sealed, expunged, etc. This is because they are charged with protecting the public. The key is to read the question and follow the instructions.

Some state applications say to list any arrests, whether they resulted in a conviction or not. Other states say to list all misdemeanors. The instructions will be very clear, just read them carefully, and don't conceal anything.

Best wishes,

Nurse Beth

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