Will I be able to be a nurse with a child felony charge?

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Hello everybody! My names Sam and I'm new to this forum. Thanks for taking the time out to view my post. My question is, will I be able to purse my BSN or ADN with a felony charge as a juvenile? My concerns are if I'm allowed to be accepted into a nursing program, acceptance into clinical, and if I am able to sit for the NCLEX. I am currently living in VA.

Here's a little background info on my case: I was 13 and living in FL at the time and I was charged with grand theft for shoplifting (amount was $316). I completed a diversionary program and was able to get the case expunged from my record. This case is about 7 years old since I am 20 now. My lawyer emphasizes that I was charged and not convicted, but I am unfamiliar with the terms and when I Google it they seem very similar to me.

I have emailed the BON in VA and they replied saying every case is evaluated individually. The BON emailed me their regulations and what I have bolded really concern me since my charge falls under moral turpitude.

BASIS FOR DENIAL OF LICENSURE OR CERTIFICATION According to §54.1-3007 of the Code of Virginia, the Board of Nursing may refuse to admit a candidate to any examination, or refuse to issue a license or certificate, to any applicant with certain criminal convictions. Likewise, the Board may refuse licensure or certification to an applicant who uses alcohol or drugs to the extent that it renders the applicant unsafe to practice, or who has a mental or physical illness rendering the applicant unsafe to practice (referred to as a history of impairment). Criminal convictions for ANY felony can cause an applicant to be denied nursing licensure or nurse aide certification. Misdemeanor convictions involving moral turpitude may also prevent licensure or certification. Moral turpitude means convictions related to lying, cheating or stealing.

I plan on talking to the nursing division at my school and being completely honest with them. As of now, I have a clean record (with minor traffic offenses EX. Running a stop sign), done some community service, and maintain a 3.8 GPA in college. Sorry for the long post but I really would appreciate some feedback on my situation. Thanks for your time guys!

Seems to me that since only the BoN can correctly answer this, that's where the information you seek needs to come from. I wouldn't think it unreasonable to ask to have THIS case reviewed, so that you can be sure that THIS felony conviction will not bar you from licensure, and you'd want that in writing. Or, if it will....you want that in writing too.

Be aware that every individual State BoN sets their own rules so you may be licensed in one State but denied a license from another.

Good luck.

Thanks for your quick response, this is their response to me

" The Board has no authority to make a licensure decision or determine eligibility for licensure until an individual graduates from a program and submits an application to the Board of Nursing.

Each application is considered on a case by case basis in accordance with the laws and regulations of the Board of Nursing and there are no absolute bars to licensure in the Board of Nursing statutes. The Board does however have a guidance document (90-55 for RN/LPN/CNA or 90-59 for CMT/RMA) that will provide you with information about the application process and consideration of criminal conviction history.

Virginia Board of Nursing Guidance Documents"

So i guess I'm suppose to go through with the program and then apply and hope i get lucky :sorry: I've emailed my lawyer and he said it shouldn't hinder me but I fear going through the stress of the program only to be denied. If that happens i plan to fight for it because my dream is to become a nurse. Thanks for your input!c

Specializes in Education, FP, LNC, Forensics, ED, OB.

Welcome to allnurses.com

We moved your thread to another forum so you can receive replies from those with similar issues.

Well, I can understand why they don't want to review cases for people who haven't even started nursing school, let alone graduated (as the attrition rate is quite significant between the start and the finish)....however that still leaves you wondering. Rough spot to be in!

Specializes in Nursing Professional Development.

As the Board of Nursing has said ... there is no way to get an official ruling on a particular person's case until they actually apply for a license. Until then, you have to decide whether or not the risk of not be approved is worth the risk for you.

However ... and note that this is not official in ANY way ... I have no "inside information." I live in Virginia and I have seen people with records such as yours, with non-violent, juvenile offenses be licensed. I believe you have good reason to be hopeful. I am happy to see that you have discussed this with an attorney and recommend that should there be any questions later, continue to do so. But in the end, no one can give you a guarantee.

Good luck.

Hi Sam,

I agree with RNsRWe, and I'm sorry that you haven't been able to get a straightforward answer from your BON. It would really stink to invest a lot of time and money into a nursing degree and then not be able to practice. However, you do sound remorseful, and you were pretty young at the time...

Just two pieces of advice:

First, you should probably phrase your circumstance as 'felony charge as a minor,' not as 'child felony charge.' The latter makes it sound as though you had a felony charge related to children (i.e. child trafficking, child Media) which may turn the BON and future employers off right away.

Second, I'd recommend browsing through old AN forums in this section (Nursing Licensure with a Criminal History); other AN members' anecdotes may give you a clearer sense of your options if your BON is playing hardball.

Check the wording on their application. There should be info on disclosures of crimes and felonies. In California you MUST disclose any arrest, whether it resulted in conviction, has been dismissed, or expunged. I've heard that other states only require you to disclose things that are within a certain time period, etc. Your juvenile record should be sealed though…so not sure how that would work. Anyway, I say that you should still pursue nursing if that's what your passion is. You were only 13 and it sounds like it didn't involve drugs or alcohol and it's been a long time since then. So, if you have nothing else on your record and can document what you have been doing in your life to better yourself since, go for it!

Specializes in home health, hospice, wound care.

I'm not sure about your particular state, but an old friend of mine was able to petition the TX BON for licensure and they approved - he had several drug and theft convictions in his 20's and became and RN in his 40's. Me, personally, would not have allowed him to become a nurse given his history but they did allow it with certain stipulations (mainly that he have proven amount of NA meetings, etc, similar to TPAPN requirements). However, another student from my nursing school was not allowed to sit for the boards because of felony DUI charges 10 years prior. I think the difference in the two situations is that the first student petitioned the board prior to going to nursing school (I saw the letter from the board myself, before he had even been officially accepted into the nursing program) and the second student didn't petition until after he completed the program. Good luck!

I would go to the court and request a journal entry from the clerk. If you weren't convicted then you wouldn't need to get it expunged. Maybe it was dismissed. The only way to be for sure is to see it for yourself. Now if you were charged but not convicted then you have nothing to worry about. BON generally ask you about convictions but read the wording on your states BON carefully to see if they include "charged". But I highly doubt that. Good luck.

Thank you all so much for your input, I forgot my password so I wasn't able to log on for awhile LOL. Anyways I appreciate all your feedback and I'm starting to apply for programs this spring. :)

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