Will be applying for NCLEX, but have expunged misdemeanors...

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I live in Rhode Island and I am 4 weeks away from being done with nursing school. I unfortunately have 2 misdemeanors from 4 years ago that were expunged. They did not prevent me from getting into nursing school, as I had to submit a background check. When I called the courthouse, they advised me that if my record is expunged than I can legally put NO that I have no convictions on any applications.

What I am concerned about is that I know for the NCLEX application we have to submit FBI fingerprints with a background check. I have been reading previous posts that state that the FBI fingerprints will show any expunged charges. I don't want to mess up my application and lie to the BON, even though the courthouse told me I can honestly check the NO box. I just want the application process to go smoothly. I have read that others have submitted a declaratory process before applying for NCLEX. When I try to look up what that is and if they do that here in Rhode Island, I can't find anything.

The incident was an isolated one and I was just in the wrong place at the wrong time. It was a very unfortunate situation and I would be devastated if it implies that I am going to have a very hard time with this application for the NCLEX. I have not gotten into any type of trouble since and definitely learned from my mistakes.

What should I do? Should I call the BON and talk to them about it?

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Specializes in Complex pedi to LTC/SA & now a manager.

Moved to nursing license with a criminal history forum to elicit further response.

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Specializes in Psych ICU, addictions.

Like it or not, you will probably have to declare the expunged charges. That's because most (if not all) BONs require the disclosure of even expunged and sealed records. If you fail to do that and the BON finds out, you can likely kiss your nursing career goodbye, as BONs don't like being lied to...and trying going to another state afterwards won't help as other state BONs will ask, "has any state BON denied/revoked/disciplined your license?" when you apply.

I would contact the RI BON directly (you can e-mail anonymously if you prefer) to find out the most accurate answer.

If they require disclosure, then be prepared to disclose and submit all required documentation. Unfortunately, most BONs will not give you a definite answer about whether you'll be licensed until you actually apply, since they review every case separately.

If you have legal questions, consult a lawyer...IMO, court staff can be helpful but unless they are YOUR lawyer, their advice isn't the best legal advice. Also, if the BON wants you to come before them regarding your criminal history, bring that lawyer as the BON is not the nurse's friend--they care about the public first and foremost. You the nurse comes second...if considered at all.

Best of luck with the rest of school and with the BON.

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I just wanted to say that I just contacted the RI attorney general where I will be going to get my fingerprints done and who will be submitting them to the BON. They told me that if as long as the charges were expunged than they are erased and will not come up even with the FBI fingerprint check. They told me to bring the document of expungement with me when I go there to get my fingerprints done and they will doublecheck for me and make sure that they are not coming up.

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Your FBI criminal history never goes away. In theory, only certain agencies can see an expunged conviction- law eneforcement, etc. Whether your BON will see it, might want to call them and ask flat out if expunged convictions require disclosure. The RI BON application is unusual, in that it doesn't ask if you have ever had a conviction expunged. Plus it's a compact state, that might get tricky for other states that DO.

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I just wanted to say that I just contacted the RI attorney general where I will be going to get my fingerprints done and who will be submitting them to the BON. They told me that if as long as the charges were expunged than they are erased and will not come up even with the FBI fingerprint check. They told me to bring the document of expungement with me when I go there to get my fingerprints done and they will doublecheck for me and make sure that they are not coming up.

Waiting with baited breath to learn how it goes. Be sure to ask your AG, since RI is a compact state- does that affect the other states in the compact? Good wishes.

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I had a misdemeanor 20 years ago and never got into any trouble since then. I had it expunged last year. Well the courts here in Ohio failed to send me or my lawyer the document of the final judgement order. I graduated nursing school this March and applied for licensure to the wv BON as that's the state my nursing school was in. Well I have been denied because documentation stating my record had been expunged came from my lawyer and not the court. I have explained to the discipline board that I called the court and they told me since it has been expunged, there is no way of locating my record to provide such document. I am beside myself with worry and grief that all my hard work to get through nursing school to pursue my dream has been wasted. Any advice would be much appreciated.

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Good luck to you...I have an Expunged Felony from 20yrs ago and took my NCLEX-LPN in 2008 and just received my ATT for my NCLEX-RN with no problems.

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Specializes in Prior military RN/current ICU RN..

Leave out the excuse. No one wants to hear it. Just focus on being honest about it. Here is the thing. The medical field is all about not getting sued. Lawyers don't care if it was an "honest mistake". If a state awards a nursing license to someone with a criminal record and they hurt someone somehow..the license issuer is going to get decimated. I am not saying you won't get licensed, just be aware in the medical world no one cares about whether you are a "good nurse" or a "good person". They care about DOCUMENTATION. I would call them ahead of time and just ask them and lay it out there. More than likely you will still get licensed and you will not have to worry because you will have facts. Good luck!

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Oh, I am so sorry about that. Typically you can get the court to certify any documents that you hold if they don't have them. Go back to your lawyer and ask him/her how you can go about getting certified copies of expungement order. If he/she has such a copy you may be able to get it certified. If not get a letter from the court explaining that all records in the case have been destroyed. OR, you can pay the lawyer to get you the docs you need. Get in contact with the court and tell them your situation and why you need it. Often times, court staff are helpful. Get a certified letter stating what the court has told you.

Keep in mind that I am not in your state and I don't know the policies but these are typical things where I live.

Please let us know how it goes! I send you my best wishes for a positive resolution in this matter.

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hello,

I have gotten 3 misdeamors in 2011 and 2013. I am DEFINATELY a changed person from who I was. I got into nursing school however I am nervous about taking the NCLEX. my records have been expunged and dismissed. Think I can still make it? has been my constant worry

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