Soon to be convicted felon

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Hello everyone and thank you for taking your time to read my post. I'm am an RN in California and have been one since June of 2015 working in an acute care setting. Just recently (April 2016) I was accused by an exgirlfriend of forced rape. It is now November and the case is finally coming to an end. Although I still believe I am innocent of the crime and did nothing wrong. It is risky to take this to trial because if I were to lose it is a mandatory 3 year prison sentence and I would have to register as a sex offender. We have come to an offer which keeps me out of prison and as well as off of that condemning list. However I still must pleed guilty to a felony. I was wondering what this does to my license and to my work. House arrest is a possibility which would enable me to keep my job and continue to work. But do I have to report to the BRN? Will they come looking for me? Same goes with the hospital! I'm so scared and do not want to regret my decision to go into this plea. If anyone has any input at all I would love to listen. Thank you so much.

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What do you think being convicted of a felony involving a crime against someone's person will do to your nursing license?

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Specializes in Healthcare risk management and liability.

Based on the specifics of the plea deal, I suspect you will lose your nursing license on the basis of a criminal felony conviction and/or moral turpitude. Plus, with a felony conviction on your record, you will find it difficult, if not practically impossible, to secure future employment in healthcare plus many other lines of business. Your criminal defense attorney likely has no experience with California BON regulatory issues, so it may be worth your money to consult with such an attorney.

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But do I have to report to the BRN? Will they come looking for me? Same goes with the hospital! I'm so scared and do not want to regret my decision to go into this plea. If anyone has any input at all I would love to listen. Thank you so much.

Yes, you must report to the BON. There's no getting around that.

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Specializes in Critical Care.

I think your license is done for if you're a felon. But what are your choices

Accept the plea deal, stay out of jail, become a convicted felon and lose your license & job

Or

Don't accept, potentially go to jail, become a felon anyway, get put on the registry, and lose your license and job.

As far as those options are concerned, that's really up to your attorney if there is sufficient or insufficient evidence for conviction. With that being said, do you want to risk it?

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Specializes in Complex pedi to LTC/SA & now a manager.

Yes you must always report felony convictions. In some states you must report felony charges also.

You need not a criminal defense attorney before you submit your plea but a nurse attorney experienced with the BRN in nursing license defense. The American Association of Nurse Attorneys has a lawyer referral service to help you find a qualified attorney in this specialized field. They can work in conjunction with your criminal defense attorney and the nurse attorney can help you turn yourself into the BRN

TAANA Executive Office - Home

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Per terms of service we cannot give legal advice. We CAN encourage you to speak with an attorney who specializes in BON issues.

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Don't know anything about California's requirements for licensure. Here in Louisiana, we renew our license annually. One of the questions asked is whether or not you have been arrested or received a summons (which is a non-physical, on paper only type of an arrest) in relation to any criminal activity.

That requirement applies to even having been accused of a crime, not to mention an actual conviction. Please don't entertain any notions about NOT reporting your circumstances to your Nursing Board. Quite frankly, I don't believe you have retained adequate legal representation in this matter which presents you with such life-altering consequences. Your questions and concerns posted in this forum are far more appropriate for your attorney, who should be thoroughly versed in all aspects of your case as well as the ramifications to your professional license.

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Specializes in Geriatrics, Dialysis.

I second the posters that encourage you to reach out to TAANA and find an attorney that specializes in licensing issues. Your criminal defense attorney's goal is finding the best possible outcome regarding the criminal charges without necessarily considering potential professional licence issues that will have a major impact on your future employability. For this you need to speak with somebody whose expertise is in this area of law.

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You must report your conviction. The moment you are convincted certain things go into play. The courts notify any and all agencies with which you are licensed. They will then revoke your fingerprints clearance. The licensing section will send letters to all places who have ever requested fingerprint clearance for you. The Board in California is heartless and unrelenting. They will revoke your license. Even if you were to get probationary license the conditions are so difficult to fulfill probation you will probably end up without a license in the end anyways. No one in our career setting cares about your experience, your degree, your lifeetc. All they will ever see is your conviction. Yes there have been success stories. Very few and far in between. The CA BON is notorious for revoking licences and or placing such restrictions that you cannot get a job. I speak from experience and from networking with thousands of nurses in the same situations. When they place your license on probation you must work 6months to get off probation. But usually no one will hire you, so how do we get off probation? If no one will give a second chance. Our system sucks. You are punished for the rest of your life for everything you have ever done. You will always have to explain it to someone even if you expunge it. Which in your case I do not believe you can. Because of the nature of the charges. I am sorry to bring rain to your parade. I personally understand how difficult this can be. I don't have same charge but I have been through the process. You must persevere and be ready to hear no alot. You must prepare to find a new career, go back to school. Do whatever it takes. But I am here to tell you with that charge you won't be allowed in any medicare/medi-cal federal funded facility. Which is almost all of the hospital's or convalescent homes. If they employ you the federal government will not pay them for any care related to your work or your patients. So they won't touch you. They won't hire you. And when your current job finds out they will fire you. Please prepare. God bless you

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Specializes in Short Term/Skilled.

I would never accept a felony that I did not commit. You would have to convict me and then deny every appeal there was before I would end my nursing career and ruin my life at the same time.

I can't see any scenario where you'd be allowed to keep your licence with a felony.

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Specializes in Psych ICU, addictions.

If you plead guilty, you WILL have a felony conviction that will be with you until you die or get a pardon...so basically, until you die. And you WILL have to report that conviction to the BON.

Unfortunately, a sexual assault felony is pretty much a nursing career-ender. Even if the BON were to let you keep your license, almost no one would be willing to hire you to care for patients. It doesn't matter that you won't be on the sex-offenders register or avoided prison time. It doesn't matter if you are innocent but took the deal just to avoid prison/registering. If you have this felony on your record, you would be too much of a liability for almost any employer.

So you need to think long and hard about whether you should take this plea bargain.

I STRONGLY recommend that you contact a lawyer versed in nursing matters (yes, another link to TAANA Executive Office - Home ) and discuss it with them BEFORE you agree to anything from the court. This lawyer is not to replace your criminal counsel, but to help you protect your license.

This is one decision that you can't afford to play around with.

Best of luck.

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