soon to be nursing student with criminal record help me please

Home Health Columnist / Guide · Feb 8, 2009

see our thread: nursing licensure with a criminal history

from ca bon:

applicants for license :

prior convictions and disciplinary actions questions

1. what convictions or license discipline must be reported on the application?

all convictions must be reported, except for minor traffic violations. both misdemeanor and felony convictions must be reported, and "driving under the influence" must be reported. convictions must be reported even if they have been expunged under penal code section 1203.4. also, offenses must be reported even if the applicant has successfully completed a diversion program under the penal or article 5 of the vehicle code. all prior or current disciplinary action against a healthcare related license must be reported, whether it occurred in california or in another state or territory.

2. can a person obtain a license as a registered nurse if they have a misdemeanor or felony conviction on their record?

the brn reviews all prior convictions substantially related to the qualifications, functions or duties of a registered nurse. each application is evaluated on a case by case basis. (please refer to the policy statement on denial of licensure.) the brn considers the nature, severity, and recency of the offense(s), as well as rehabilitation and other factors. the board cannot make a determination for approval or denial of licensure without evaluating the entire application and supporting documentation.

3. is there any specific conviction that will automatically disqualify an applicant from receiving a license?

no. there is not any one specific type of conviction that will disqualify an applicant. again, the board must review, on a case by case basis, all convictions and supporting documentation to determine if an application will be approved or denied.

4. do i have to report charges if i completed a court diversion program and charges were dismissed?

yes. offenses must be reported to the board even if a court diversion program has been completed. (business and professions code section 492).

5. what type of documentation do i need to submit in support of my application if i have a prior conviction or license discipline?

in addition to the documents required for licensure, the brn will require:

certified official court document(s) and arrest report(s) relative to your conviction(s), showing the date(s) and circumstance(s) surrounding your arrest /conviction(s), sections of the law violated, and disposition of the case.
copy of documents relative to any disciplinary action taken against any license as an rn or any healthcare related license or certificate, if applicable.
a detailed description of the circumstances surrounding your conviction(s) or disciplinary action and a thorough description of the rehabilitative changes in your lifestyle since the time of your conviction(s) or disciplinary action which would enable you to avoid future occurrences. it would be helpful to include factors in your life which you feel may have contributed to your conviction(s) or disciplinary action, what you have learned about yourself since that time, and the changes you have made that support your rehabilitation.
the burden of proof lies with the applicant to demonstrate evidence of rehabilitation. examples of rehabilitation evidence include, but are not limited to:
- if applicable to your conviction(s) or license discipline(s), documented evidence of professional treatment and counseling you may have completed. please provide discharge summary, if available.
- letters of reference on official letterhead from employers, nursing instructors, health professionals, professional counselors, parole or probation officers, or other individuals in positions of authority who are knowledgeable about your rehabilitation efforts.
- proof of community work, schooling, and/or self-improvement efforts.
- court-issued certificate of rehabilitation or evidence of expungement, proof of compliance with criminal probation or parole, and orders of the court.

current ca license holders:

reporting license discipline and convictions

"conviction" includes a plea of no contest and any conviction that has been set aside or deferred pursuant to sections 1000 or 1203.4 of the penal code, including infractions, misdemeanor, and felonies. it is not necessary to report a conviction for an infraction with a fine of less than $300 unless the infraction involved alcohol or controlled substances. however, any convictions in which a plea of no contest was entered and any convictions that were subsequently set aside pursuant or deferred pursuant to sections 1000 or 1203.4 of the penal code must be disclosed. "license" includes permits, registrations, and certificates. "discipline" includes, but is not limited to, suspension, revocation, voluntary surrender, probation, or any other restriction.
the following information must be provided for each license discipline or conviction sustained:
a detailed written explanation describing the circumstances and events that led to your arrest(s) and conviction(s), including: date and place of arrest; arresting agency; court where case was heard; and sentencing information, including fines, courses, counseling, restitution, probation, parole, community service, and jail or prison time.
documents relating to the arrest, such as: police report, arrest report, booking report, complaint, citation or ticket.
documents from the court, such as: notice of charges, complaint, or indictment; plea agreement, sentencing order, probation order, or judgment; dismissal, probation release, or court discharge.
any related mitigating evidence or evidence of rehabilitation that you want to provide.