whats the difference between offense and conviction? im confused

caliotter3 · Apr 1, 2015

I would either ask the school directly, or seek the advice of an attorney. You might be able to find an attorney who will tell you what you need to know during a free half hour initial consultation.

Long Term Care Columnist / Guide · Apr 2, 2015

An "offense" is the crime with which one is charged and/or convicted.

You will have to disclose your arrest record, even though technically you were not convicted. Arrests will show up because absolutely all healthcare facilities, schools, and agencies perform criminal background checks. Though your record stems from crimes committed when you were a juvenile, it is never completely erased. My son had a misdemeanor record for criminal trespass II from the time when he was 10 and got caught swiping a pumpkin from a neighbor's patch, and though he was over 18 when he became a CNA, he still had to include that on his application for certification.

It didn't stop him from becoming a CNA or medication aide, but it also wasn't anything serious. You, on the other hand, have a history of physical aggression and this may get in your way, depending on how long ago it happened. If it's been ten years and you've never had even a parking ticket since then, you may be OK, but boards of nursing and schools tend to frown on offenses that involve any kind of violence because we work with vulnerable populations, e.g. frail elderly, children, mentally ill etc.

Regardless, you MUST be truthful about your past and let the powers that be decide what to do. I've painted a picture of the worst-case scenario for you so that you'll take it seriously, but with any luck it probably won't be enough to disqualify you from working in healthcare, at least not forever. Please go back to your school and tell them what you've told us here, and good luck to you.

futurenurse93_ · Apr 2, 2015

Nobody can help i see lol

Long Term Care Columnist / Guide · Apr 2, 2015

You've received two thoughtful responses. What kind of help are you looking for?

onehope67 · Apr 2, 2015

An offense is the actual crime you committed or were charged with committing. It is not the same as a conviction, however the arrest will show up on a background check even though you were not convicted. You can check no when asked if you have ever been convicted but if the app specifically says arrests, you must disclose. In my personal opinion, I do not see this interfering with your futrure aspirations greatly. You were not and never have been convicted of a crime and this is what would hurt your case if you had been convicted. You should be just fine. However, you do need to be upfront and honest as the board will see the arrest when you apply for your license. If you do get fingerprinted for this, the arrest will show up so it is important to disclose the arrest because they will see it. Best of luck. Don't let this hold you back!

akulahawkRN, ADN, RN, EMT-P · Apr 3, 2015

You have to look very closely at the application wording. If it asks for you to list all "offenses" then you likely need to list all arrests that are for misdemeanor or higher crimes. Just be careful because some states (like mine) require you to list infractions where the penalty is above a certain dollar amount as well. For instance, California now requires that applicants list infractions of $1,000 or more, misdemeanors, and Felonies. You should also be able to show a disposition for those arrests that did not result in a trial and resultant court finding. "They" really don't like it when there are charges filed and there's no disposition because that could mean there's an open case still against an applicant.

A lawyer should be able to help you answer this question more specifically for your state.

Also, know that often certain records aren't actually completely sealed. Nursing Board investigators may have full access to law enforcement databases and as such, may be able to see every contact you've ever had with a law enforcement officer if it's ever been entered into a state database or NCIC.

PDXCCRN · Apr 3, 2015

Under most circumstances, when you are arrested, you are booked and fingerprinted. Your fingerprint/personal data, along with data about the crime arrested for, are generally sent to state and federal FBI/DOJ databases. The courthouse adjudicating your case should update the state and federal database with the outcome of the case. But this isn't always true. If you had more time, I would suggest that your query your FBI/DOJ record to see what it states.

To answer your question regarding if you should disclose this information, you will likely need to ask your school. Trust me, you are NOT the only person with a criminal background. Attempting to better yourself through an education is a sign that you are rehabilitating and reflects positively on yourself. Good luck.

futurenurse93_ · Apr 3, 2015

I am going to get this expunged on monday so therefore nothing will show up when i have to do my fingerprint check by mid july

lovinglife2015 · Apr 3, 2015

Nobody can help i see lol

Why don't to you directly ask the program to which you applied? They would be most knowledgeable of their own policies. Call the Registrar's office anonymously.