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Will a case that's been dismissed and sealed affect licensure?

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by AstraZeneca AstraZeneca (New) New Student

New York City.

I have two cases from a while back in both of which I've been arrested but never went to trial and they were both dismissed and subsequently sealed. One case was from about 10 years ago when I was 19 and got into a fight at home, I think the charge was domestic disturbance. The second time was 5 years ago when my insurance and registration lapsed and I was arrested for driving an unregistered and uninsured vehicle. The charge was "failure to maintain financial responsibility" Both cases occurred in NYC and I was not convicted in either one. They were both dismissed and then sealed. I've been reading some articles that even sealed records will show up on the background check. I've had 4 background checks done by CastleBranch (during each semester at nursing shchool) and neither one came back with anything, however from what I understand pre-license background check is different in that it's not performed by a private agency like CastleBranch but by the goverment itself, and so everything shows up. Is that true for New York licensing, and if so will it have any impact?

 

Thanks.

Hoosier_RN, MSN

Specializes in dialysis. Has 28 years experience.

it is true that pre licensure background checks will show EVERYTHING, even if expunged, arrests, etc. The bearing on your particular cannot really be made here, as every state does case by case decisions. You may wish to consult with an attorney who is versed in matters of the state BON. I wish you the best. 

9 minutes ago, Hoosier_RN said:

it is true that pre licensure background checks will show EVERYTHING, even if expunged, arrests, etc. The bearing on your particular cannot really be made here, as every state does case by case decisions. You may wish to consult with an attorney who is versed in matters of the state BON. I wish you the best. 

I understand but consult with an attorney to what end? I cannot get these removed so just paying an attorney to tell me something that will most likely sound something similar to what you said makes little sense to me. I'm looking for some real case examples of someone who had something similar to this and whether it's passable or not. I'm still going to try to get licensed either way but I was just trying to allay my concerns. 

Edited by AstraZeneca

Hoosier_RN, MSN

Specializes in dialysis. Has 28 years experience.

1 hour ago, AstraZeneca said:

I understand but consult with an attorney to what end? I cannot get these removed so just paying an attorney to tell me something that will most likely sound something similar to what you said makes little sense to me. I'm looking for some real case examples of someone who had something similar to this and whether it's passable or not. I'm still going to try to get licensed either way but I was just trying to allay my concerns. 

Unfortunately, you will find nearly exact cases that go both ways. An attorney can give you a better clue, plus be up to speed in your specifics if you feel a need to appeal, if that's even a possibility. I'm not sure if it is or not

Edited by Hoosier_RN
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