Vague Information

[luvmyfab5]

i have read many posts regarding criminal histories.

however, to be more specific and with regard to reading florida statutes, BON guidelines, FAQs, application questions, and seeking the advice of an attorney, I am still at a loss. the information seems contradictory.

i was arrested for a 3rd degree felony, never charged, never entered a plea... the case was dropped 'decline to prosecute'.

my attorney says that i can answer 'no' to the question on the application, because of these factors and the wording of the question.

the question to apply for the florida bar exam is clear that the information must be disclosed.

even reviewing the application guidelines on the FL BON website state 'CONVICTION RECORD GUIDELINES...'

http://www.doh.state.fl.us/mqa/nursing/ap_convictrecord_2010.pdf

Florida BON FAQ:

Question: What crimes or license discipline must be reported on the application?

Answer: All convictions, guilty pleas and nolo contendere pleas must be reported, except for

minor traffic violations not related to the use of drugs or alcohol. This includes

misdemeanors, felonies, "driving while intoxicated (DWI)" and "driving under the

influence "(DUI)." Crimes must be reported even if they are a suspended sentence. All

prior or current disciplinary action against another professional license must be

reported, whether it occurred in Florida or in another state or territory.

question on license application asks:

A. 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.

can anyone clarify the disclosure rules?

[FLmomof5]

I don't know why you don't understand the question. It states specifically, "convicted of, or entered a plea of guilty, nolo contendere, or no contest to". If charges were not prosecuted, you were NOT convicted...you did not enter any of the 3 pleas. You answer "NO". It is as simple as that.

Some other states require that you disclose arrests but FL does not.

[79Tango]

If it is for the BON application, you are way better off disclosing your arrest & provding all supporting documents. Especially if fingerprints are required in your state..(they will find it). Plus that's the wrong place to make a major gamble. They may give you the license and then come back a year later and revoke it. Now you have to answer YES to questions like: Have you ever had a professional license revoked or suspended or displinary action?

[luvmyfab5]

in speaking with a representative of the board, she stated i must disclose the information.

nursing has been a lifelong dream. without a doubt, i would be an excellent nurse.

i was arrested for child abuse. so, i feel this is a much more sensitive situation than a dui or drug charge. those seem to be the most common inquiries on this board. i believe the investigation alone places me on the child abuse registry.

i have all my general requirements met and at a point where my youngest children will be starting school, so i would like to apply for the program.

however, i do not want to set myself up for failure. just seems the answers i get are questionable.

is it doubtful i will be licensed, will i not be able to find a job?

i would be able to let go of my dream of becoming an RN, if i was told i could not be hired.

[FLmomof5]

I have misdemeanor CONVICTIONS....not simply arrests....

That being said, I marked yes on my app because that was the proper answer. I did the online app. It tells you to write a statement and mail in copies of the dispostions. I had lost one so I had to request another from the state of SC. Well, in the interim, I passed the NCLEX and got my license without ever having to mail those in! (Look at the new "approvals" process. I did not have to go before the board, I was administratively approved by the new process.)

I stand by my assertion that if you were not convicted of a crime, etc.....(qualifiers in my prior post), in the state of FL, you would not need to mark yes.

[FLmomof5]

Sent you a PM.

You can trust me when I say.... I *know* this will not prevent your licensure!

[luvmyfab5]

darn it... can't pm you yet. thank you for the encouragement. will pm when i can.

[WittyUsername]

The big issue will be with the BON because they can see everything, although I imagine you will be fine. Your background for clinicals and future employers won't be able to see arrests w/ no charges filed

[luvmyfab5]

wittyusername, thank you for your response. my healthcare attorney feels that the situation that led to my arrest will incite compassion rather than give them the impression that i am a criminal.

however, are you sure about clinicals and employers? because the school uses fingerprint background checks as well as many hospitals in this area. or so i believe.

[j31.hammond]

Hi FLmomof5 or anyone else who may know the answer to the following question:

Do I need to be a resident of Florida at the time of my application to the Florida BON or can I establish residency there once my application has been approved and I have passed the NCLEX?