To disclose or not to disclose?

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  1. To disclose or not to disclose?

    • 5
      Yes, you have to disclose
    • 3
      No, you don't have to disclose

8 members have participated

Hello, I'm trying to decide this when the time comes (I will consult a lawyer when the time comes) but...

For the Florida Board, it states, "Have you EVER been convicted of, or entered a plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense? You must include all misdemeanors and felonies, even if adjudication was withheld. Driving under the influence (DUI) or driving while impaired (DWI) is not a minor traffic offense for purposes of this question.

Question: Do I have to report charges if I completed a period of probation and the charges were dismissed or closed? Answer: Yes. Offenses must be reported to the Board even if you received a suspended sentence and the record is now considered closed. **Charges that are sealed or expunged sometimes appear on background check reports.

Please note; if this occurs you will be required to submit documentation regarding the status of the case(s).

BackGround: In 1998 on a Saturday night I was detained/paper arrested/appear before court charge for disorderly conduct after a fight broke out in front of a Club. Police thought I was one the folks involved, and never was I placed in cuffs or taken into the station. I went on my merry way. The following Monday I get a call from the department saying charges are dropped.

* I also have a misdemeanor for not paying a parking ticket in 1995 (summons to appear) * Arrested for driving with a suspended license in 1993 (adjudication withheld) (expunged)

All these above I have no problem with discussing with the board.

The one I do have a issue with is a theft charge (stealing a car bra) when I was 17. Parents got me lawyer where he got me a deal where I did not have to plea and charges would be dropped after writing a letter, paying restitution/fine and staying out of trouble.

It has been 20 years since that happened, and If I recall correctly I was taken into a interview room with my bad influence friend, and we confessed and were released to our parents and never finger printed.

In my past construction trade, I had to do some work in Homeland Security offices, military bases, and defense contractors; in which finger printing/high level back ground checks are required. Here the questions are "have you ever been arrested" and I answer yes: for Driving with a suspend license, parking ticket and the disorderly. I have to bring clerk of court documents, such as the arrest affidavit and any court depositions. The court nor the dmv has a record of the" driving with a suspended license" (I bring a stamped letter stating so).

My lawyer years ago told me I could legally not include the "theft arrest" in those type of questions.

Whats more, the FBI/DOJ/FDLE background check(s) in the past 10 years in the trade don't display any data on the theft arrest.If I disclose this to them, it is going to turn into such a headache. And being a Male will not bring me any favors in the eyes of the board. Other than basic traffic infractions ,I have had no other mischief in 20 years. I learned my lesson early and stuck to it.

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Specializes in ER volunteer.

you were a minor at the time; generally juvinille records can't even be seen when cops pull your record after you turn 18 unless they get a special warrent to unseal it.

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SXCESS,

I am in a similar boat as you (i.e. juvenile offenses, being male, had background checks). I would recommend that you let the board know and just offer what information you have and a letter expressing your remorse and that you are no longer engaging in these types of activities. I look at it this way: If I don't tell them and they find out, I have just lied to the board of nursing. If I tell them and they couldn't find out, I have just wasted 2 hours trying to secure my license. A worth while trade off.

seamang2

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Specializes in Psych ICU, addictions.

I would drop the FL BON an anonymous e-mail and ask if you have to report juvenile convictions. They seem to be pretty clear on your having to report sealed/dropped charges.

As far as whether you should, I'd consult a lawyer for the most accurate answer. However, as seamang2 stated: if you don't tell them and they find out, they will think you are being fraudulent...and fraud doesn't go over very well with any BON. People have been denied licensure for failure to report even what they thought were "little" things not worth reporting or that they mistakenly didn't think they had to report.

Best of luck whatever you decide.

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Specializes in Geriatrics, retirement, home care..

As other posters said, if you don't disclose and then they find out - you're in trouble.

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