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What should I do?

Criminal   (1,331 Views 13 Comments)
by Thorn94 Thorn94 (Member) Member

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I graduated in January 2018, I had to go through a review process due to criminal history and tested in November 2018 and passed and was granted an LPN license. I had a past history for felony charges. I entered a plea deal and received deferred sentencing so I wasn't convicted and I am eligible for state level expungement. This happened in 2013 and I've sent paperwork for the expungement but I'm told it will still show up. I have sent out over 100 applications and have received one interview. I am in Oklahoma and I am due to renew my license soon but I haven't worked anywhere. I am not sure if I can work in long term care due to their restrictions. Or anywhere for that matter? I am feeling so defeated, what am I supposed to do? Can anyone offer advice? I feel like I wasted my time and I need to just go back to waitressing. 

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Persephone Paige has 15 years experience as a ADN.

4 Followers; 1 Article; 688 Posts; 3,881 Profile Views

What are the charges? Was it for any type of violence? Or sales of drugs? If not, expungement should help. Many places don't do the background check until they offer you the job, it's a waste of money. I would pursue expungement first, so you can assure them that no patients, or patient family members can look you up. I would still be honest about it though, healthcare can see everything forever. And honesty will get you where you want to be with the right agency.

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TriciaJ has 38 years experience as a RN and specializes in Psych, Corrections, Med-Surg, Ambulatory.

12 Followers; 3,351 Posts; 34,839 Profile Views

Are you sure it's your history that keeps you from being hired or is the market just glutted in your area?  The reason I ask is that I think criminal background checks aren't usually conducted until after you're interviewed and being considered for hire.  I might be wrong about this.

I wish I had better advice to offer you except to say keep applying.  Wishing you all the best.

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Burglary II and concealing stolen property. I do think it might have to do with the area but also the charges. I include it on the application to be thorough and not waste my time or potential employers. I was told that with a felony charge I can't work anywhere that receives Medicaid/Medicare. Does anyone know if it's true? Even with no conviction? 

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17 Posts; 601 Profile Views

I talked to an expungement lawyer and he said it wouldn't show up on an FBI or OSBI check. Does anyone know if this is true? Is it worth it because its alot of money that we don't have as I am not working and my fiance is the only one working? 

Edited to fix typos and left out a line. 

Edited by Thorn94
Left a line out, fix mistakes

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Persephone Paige has 15 years experience as a ADN.

4 Followers; 1 Article; 688 Posts; 3,881 Profile Views

I don't know all the specifics, but have you looked into a waiver? A waiver can come from either the BON or AHCA, depending. It basically says that YES you do have a criminal history and they know about it, but you are allowed to work. Like I said, I don't know everything about it. But it's worth looking up.

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1 hour ago, Persephone Paige said:

I don't know all the specifics, but have you looked into a waiver? A waiver can come from either the BON or AHCA, depending. It basically says that YES you do have a criminal history and they know about it, but you are allowed to work. Like I said, I don't know everything about it. But it's worth looking up.

What state are you in? I didn't know that existed. I'll definitely look into it. I even called the Arkansas BON and she said I probably couldn't be licensed there even. I just don't understand why they'd license me here knowing I couldn't work. 

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Persephone Paige has 15 years experience as a ADN.

4 Followers; 1 Article; 688 Posts; 3,881 Profile Views

I live in Florida. We definitely have work waivers here and a few counselors I know in the chemical dependency field have them. They've been to prison, so I can't imagine that there wouldn't be some provision. But, I don't know about any other state besides Florida.

Edited by Persephone Paige
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5 hours ago, Persephone Paige said:

I live in Florida. We definitely have work waivers here and a few counselors I know in the chemical dependency field have them. They've been to prison, so I can't imagine that there wouldn't be some provision. But, I don't know about any other state besides Florida.

Relocation is an option at this point. Even out of state. I spent too much money and time not to use my license. It's just frustrating. I'll definitely see if we have that option or something similar here. Thank you so much. 

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TriciaJ has 38 years experience as a RN and specializes in Psych, Corrections, Med-Surg, Ambulatory.

12 Followers; 3,351 Posts; 34,839 Profile Views

At this point I'm wondering if it wouldn't be worth it to talk to an employment lawyer.  The expungement lawyer told you the charges wouldn't show up on a background check; if that's true it might be better to leave this info off your application.

I understand your wanting to be upfront about everything, but it might not be an issue if you don't make it one.  It might be a case of TMI and costing you jobs you could be getting.  Hang in there.

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2 hours ago, TriciaJ said:

At this point I'm wondering if it wouldn't be worth it to talk to an employment lawyer.  The expungement lawyer told you the charges wouldn't show up on a background check; if that's true it might be better to leave this info off your application.

I understand your wanting to be upfront about everything, but it might not be an issue if you don't make it one.  It might be a case of TMI and costing you jobs you could be getting.  Hang in there.

I have been and I'm trying to get the money together. I'm just really confused about it. I know the BON will still see everything regardless and I was told that most LTCs and hospitals will as well due to Medicare/Medicaid. I haven't gotten any real answers as if it would be that beneficial to employment.

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TriciaJ has 38 years experience as a RN and specializes in Psych, Corrections, Med-Surg, Ambulatory.

12 Followers; 3,351 Posts; 34,839 Profile Views

If the BON has already granted you a license, that should mean they've done their checks and approved you for practice.  Where exactly are you applying?  To hospitals and LTC?  Hospitals might be a long shot just due to lack of experience and have nothing to do with your past.  Hoping things start panning out soon.

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