Supposed Failed Background Check

Meriwhen, ASN, BSN, MSN, RN · Jun 15, 2014

Unfortunately, having a nolle prossed related to a drug charge on your record doesn't put you in the best light. Yes, the charges were dropped, but there clearly was something going on that made them initiate the case against you in the first place. IMO a nolle prossed is better than a conviction, but again, the clinical site will see that the charges were drug-related and that fact may color their view of you. All you can do now is wait until this meeting, go in and present your case, and hope for the best.

Schools and clinical sites are free to approve or deny students based on their criminal record, and each can set its own criteria for rejection...and frustratingly, the clinical site can have different criteria from the school, and may reject an applicant that the school would be fine in admitting.

Your other option could be the wait for the charge to be expunged.

However, keep in mind that almost all BONs require the disclosure of even expunged charges, so whether you start school now or wait until it's expunged, you will almost certainly have to address your nolle prossed with the BON.

Best of luck.

akulahawkRN, ADN, RN, EMT-P · Jun 15, 2014

Well, since they've dropped the charge, depending upon circumstances, you might consider contacting an attorney to see if you can have that changed to a finding of "factual innocence" or something similar. The reason I suggest this is because the "nolle prossed" notation can be for either a flaw in prosecution rendering further prosecution impossible or it could be you were determined to be innocent but they're reluctant to admit to them making an error.

As above, the problem is one way you're at fault and they goofed and the other they goofed and charged the wrong person. Because the "nolle prossed" notation doesn't note which one this was, they're likely to look at this in the worst possible way... prosecution goofed on an otherwise good charge.

In any event, now that you've got this charge noted on your background, you'll always have to submit paperwork (or have it handy) and you'll probably always have to disclose it to licensing authorities.

SeattleJess · Jun 15, 2014

First of all, you're not alone in being worried about having a record that's less than perfect. Many of us do. Whether it's a mistake of being in the wrong place at the wrong time or a legitimate transgression made and amended, I know people in my nursing cohort and in my previous profession who overcame these potential bars to their careers. All were more serious transgression than yours.

Your problem was probably not the nolle prosequi but your failure to disclose it. Unfortunately, that makes an issue that would have been no big deal into current issues about your honesty and integrity. Whether it's a case of mistaken identity or a legitimate transgression, we're all human and most of these things are not going to be roadblocks if we clean them up and are honest about them. Truly.

I hope the issues resolve in your favor and that you avoid similar problems in the future by making full disclosures on all those background check forms. They aren't going away.

Swim3 · Jun 16, 2014

Thank you guys for the responses. Unfortunately I cannot change the disposition of the case, now However, the case is in the process of being expunged so in the next 3 months sometime, the reccord will no longer be on my record if another general background check is run. I know I will have to disclose this information to the BON and they will have access to the charge. But from everything I've read, it shouldnt be a problem being licensed especially since it was not a conviction. I know there is a possibility for stipulations from it though.

As far as disclosure for nursing school, they did not ask for any. Had there been a section for that, I would have. I did not plan on hiding this, I knew it would show up. However, I had no idea it would affect me since I wasn't guilty. I just thought it was looked at as being innocent. Ignorance on my part.

Ive also looked around the web at other nursing programs requirements for background checks. They all say that a case with a disposion of nolle prossed or nolle prosequi is a passing background check. I unfortunately cannot get a hold of my programs handbook to see what it says.

I am hoping that this is just a general letter they send out to students who have something that does come up on a background check. Just a 'hey, there's something on your background check and because of that we must submit it to clinical sites and you may lose your spot.'

The Dean of Nursing returns tomorrow, hopefully I will get a reaponse from her asap. I hope to meet with her Tuesday. I'm hoping the clincal places for the first 2 semesters accept me and then I can run a new background check at my expense that shows a clean record for the following 2. Dont know if they will go for that though.

Thanks again for your responses. Its been a very long and rough weekend. Just really hope I get to continue in the program and put this all behind me.

SeattleJess · Jun 16, 2014

I would be surprised if your school doesn't find a clinical location for you! And stunned if it's an issue with the BON. Please don't worry. You know the saying: If your fears don't come true, then worrying is a waste of time and if your fears do come true, then worrying won't change it anyway.

Please let us know when it all works out; I'm confident that it will. As I said, I've known people with worse on their records who made it all the way through education and certification in professional programs, including someone who was a student radical involved in a campus bombing in which someone was killed. In the Big Picture of Things, this is not a major transgression as long as you disclose and explain as you have here.

Breathe!

Swim3 · Jun 17, 2014

SeattleJess- Thank you for the words of encouragement. It does help a lot.

I had my meeting with my Dean of Nursing today. So the bad news. They had to submit my background check to all clinical sites, which is of course understandable. We must now wait for the HR department and their lawyers of each of the 8 clinical sites to approve or deny me for clinicals. This should be completed by mid-July! There are 8 clinical locations total and 7 out of the 8 must approve me this semester. There is one site that is not attended until the third semester. If any of the 7 sites, besides the one for third semester, denies me, I'm still not out yet. I have until mid August to receive my expungement forms. We discussed the possibility of entering into early September but we will have to discuss that when it gets here. (Clinicals do not start until October)

If the papers come by then, supposedly she can submit them and its suppose to be as if I have a clean record and thus I will be cleared for clinicals. She says she has already done this for a couple of students this semester already. Not just nursing, but paramedics, CNA, medical tech, phlemb, ect.

So if no clinical site deny me, I'm good to go. If any do reject me, I have to hope my expungement forms come prior to Aug.25.

She is worried that since these charges were so recent, I may get denied. That was crushing coming from the DON.

So for the good news, If my forms do not come in time, and I miss out this year, she has guaranteed me a spot in the program next year. So I have not lost my spot, but may have my RN pushed back a year. Which would suck but it is life. C'EST LA VIE!

I also spoke to my attorney about the forms for expungement. The first I should receive is the Order of Expungement. This states that my record has been approved for expungement, and details the agencies that are ordered to remove all records of the charge from their system. The good news here is that this looks like it will be here any day before August 12. However, once the agencies receive this order of expungement, they have 60 days to comply. They then have to send in a certificate of compliance to the court, which states that they have destroyed their records. I also get a copy of this. If I need these forms for entrance into clinicals, I am screwed. These can take 30-60 days to receive after my order of expungement.

Fingers crossed that all I will need is the Order of Expungement in order to enter clincals. I emailed her today as a follow up to our meeting. I discussed what my attorney told me and asked what forms I would need. I will keep this updated. Its been a rough road and hope that anyone that may face this in the future can use it as an example.

Biggest Advice right now:

If you can expunge your record, do it now! I had the opportunity to do it in March and ever since then and did not. It was a stupid mistake. Learn from my mistake and dont make your own.

As soon as I hear from the DON I will repost with what she says.

Thanks again for the responses.

akulahawkRN, ADN, RN, EMT-P · Jun 17, 2014

I know this probably is quite redundant for you by now... but make sure that you have on hand any "original" forms/papers/orders you receive and get several certified copies of the expungement order and any other papers/forms/orders you receive about this whole thing. Once the records are "destroyed" there still will be traces of it in the system so... you may need that paperwork in the future to ensure that you're always considered as having a decently clean slate.

From the background standpoint, I actually want you to be equally competitive as people that don't have any background check issues at all. If you had been convicted/adjudicated/whatever and were responsible for some criminal act, then I don't want you to be as competitive... I want you to work more for it and prove you're worthy of consideration. I've worked with some fantastic people that made some really stupid choices that landed them in Jail or Prison and worked really hard at overcoming their past and have earned a lot of respect for it.

My general pleading: While we all do dumb things from time to time, don't do anything that would make you lose your license and please don't do anything felony stupid!

Swim3 · Jun 18, 2014

So I recieved an email today from my DON. She says that in the past, the only thing required was the Order of expungement. But says we will have to wait and see when the time comes. Not sure what that means. If that has worked for other students in the past, I don't see why it wouldn't work now. So that should be here no later than the 2nd week of August. Lets hope I get lucky and it takes less time or all clinical site approve me. When the time comes, ill update again. Talk to y'all then!

SeattleJess · Jun 30, 2014

I know this probably is quite redundant for you by now... but make sure that you have on hand any "original" forms/papers/orders you receive and get several certified copies of the expungement order and any other papers/forms/orders you receive about this whole thing. Once the records are "destroyed" there still will be traces of it in the system so... you may need that paperwork in the future to ensure that you're always considered as having a decently clean slate.
From the background standpoint, I actually want you to be equally competitive as people that don't have any background check issues at all. If you had been convicted/adjudicated/whatever and were responsible for some criminal act, then I don't want you to be as competitive... I want you to work more for it and prove you're worthy of consideration. I've worked with some fantastic people that made some really stupid choices that landed them in Jail or Prison and worked really hard at overcoming their past and have earned a lot of respect for it.
My general pleading: While we all do dumb things from time to time, don't do anything that would make you lose your license and please don't do anything felony stupid!

This advice is so wise that it is worth repeating.

Swim3 · Aug 16, 2014

So for those of you interested, I wanted to do an update. All clinical sites were to report this past week on clearances. I had only 2 of the 7 clinical sites raise a brow to my background check. One was a nursing home that was worried about my character. They asked me to write a personal statement about the situation. And to submit copies of the expungement paperwork. I also provided them with academic reccomendations from some of the lead scientists in my field.

Another site accepted me on the condition that my background check is clear prior to enterance into the site.

So I am still waiting on the expungement paperwork. When I contacted the court, the latest that I should have everything is now October 3rd. There was a month back wait. Hopefully, it should come sooner.

I also recieved an email from the Dean yesterday which stated that I had been cleared for clinicals. I have been in contact with my dean reguarly. Last we spoke I had to wait for the clear background check. So I am not sure if that is still the case. Hopefully I can start and just wait for that paperwork but we will see.

She emailed me on a friday so its a weekend of wait

TheNatural_Nurse, RN · Jan 20, 2015

So for those of you interested, I wanted to do an update. All clinical sites were to report this past week on clearances. I had only 2 of the 7 clinical sites raise a brow to my background check. One was a nursing home that was worried about my character. They asked me to write a personal statement about the situation. And to submit copies of the expungement paperwork. I also provided them with academic reccomendations from some of the lead scientists in my field.
Another site accepted me on the condition that my background check is clear prior to enterance into the site.
So I am still waiting on the expungement paperwork. When I contacted the court, the latest that I should have everything is now October 3rd. There was a month back wait. Hopefully, it should come sooner.
I also recieved an email from the Dean yesterday which stated that I had been cleared for clinicals. I have been in contact with my dean reguarly. Last we spoke I had to wait for the clear background check. So I am not sure if that is still the case. Hopefully I can start and just wait for that paperwork but we will see.
She emailed me on a friday so its a weekend of wait

Can you give us an update? Your determination is why you will become a great Nurse... You don't give up easy. I hope all is well!