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Felony/Misdemeanor drug charges
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Anonymous back to top |
Posted over 3 years ago Okay so here is the deal. I will be blunt about my situation; I am currently in an ABSN program graduating in June(2010), and 2 years ago I was caught with steroids and marijuana. I was charged with felony possession of a controlled substance, and misdemeanor possession of the marijuana. Both of these offenses were expunged from my record as part of my case contingent on if I made it through my probation/community service/drug classes/etc, which I did. Because it was wiped off the public record, I figured this would be an ugly part of my past I could just forget and would never come back to haunt me, but now I found out that to apply for my liceanse includes a background check that can see even expunged charges (as the BON is part of the government). I see a lot of people giving advice to posters with legal problems that include getting a lawyer to get your charges expunged, but I don't see how that will help when the BON can still see charged that were expunged and use it to stop someone from getting a liceanse. Although it seems like a short time ago (2 years), a lot has changed from then until now, and I feel that if I went through all this schooling and hard work to earn a degree only to have a career shot down before it began would be devistating. Does anybody have any experiences similar to this? Is there any way I can present my case in the best way possible? (I could get letters of rec from my old probation officer, the judge, my lawyer maybe?, anybody who knows that I am not this terrible man that it claims I am on a piece of paper, and that I have been rehabilitated). Any help/advice/stories would be appreciated. |
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Anonymous back to top |
| Posted over 3 years ago Dear Anonymous, Although I am not an attorney, I am a nurse specializing in peer assistance to nurse colleagues and student nurses who have or have had issues with alcohol and other substances. First, the state you want to become licensed in is a consideration. Whether you know it or not, recent legislation in Florida, specifically SB 1986, provided for the prohibition of anyone from sitting for a licensing exam in any healthcare profession until 15 years AFTER completion of any probationary term related to any drug offense, regardless of the plea. Second, because nursing is a profession in which most state nurse practice acts refer in some way to the necessity that the individual be of "fine moral character", the language describing that quality and how it is handled varies state to state. Some State Boards of Nursing will hold a moral character or similar type of hearing on issues such as you presented in your post. Last but in my mind not at all the least, the nursing profession is one with an extremely high incidence of substance use disorders and hundreds of nurses throughout the country surrender their license each year because of it. Thousands more go undetected and get in trouble later on down the road. Some helpful information can be found regarding this subject at www.unbecominganurse.org with a very interesting article on a self-survey to assess your risk going forward. Paula Davies Scimeca, RN, MS |
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Anonymous back to top |
| Posted over 3 years ago I am an attorney, and retired Regulatory Officer, NJ Dept of Heath & Senior Services. Each State is different. Read the regs as posted on your state's Board of Nursing website. Some offenses are an automatic bar to licensing, sometimes for a specific period. Others are dealt with on a case by case basis. It depends on what you mean by "expunged" and "wiped off." Were charges dropped in a plea agreement? Also, what does the BON ask you about? Convictions? Arrests? It all depends. The background check is a check with both FBI and State Police for your criminal record. BON has absolute discretion. If they feel your offenses show poor "moral charcter" they can deny you just based on that. SO... my advice - 1. Read the regulations regarding licensing. 2. call the BON. Chances are they will not give you much info, but check it out. 3. Find a lawyer who has done work in this area in your state - most will give you a free consultation. Good luck! CaptainEricRN |
