i'm thinking of going back to school for nursing.  i was charged of misdemeanor for assult and battery 3 years ago.  it has been expunged.  will the school find out if it's off the public record?  if they do find out, will i be able to explain myself and hope for the best?  is this something i have to worry about?  i have never been charged of anything.  this is my first and will be my last.  i learned my lesson.  thank you for any infos you can give me or any advice is welcome.. thank you.

thank you.  i hope your friend CaptainEricRN will read my post. 

thank you for sharing.. i feel a little bit better knowing that someone who has misdemeanor can still get their license or further their studies.  i don't know who i should speak to regarding about this in school.  it would be an anoymous call.

Here I am!

Each State has different laws & regiulations, and a differing philosophy of their Board of Nursing.

First, check the regs, which are usually on the State Board website. Some types of crimes will affect the license, others will not. Sometimes the time since  conviction will have an effect. In many States, only felonies are a bar to licensing (felonies are generally crimes punishable with over one year imprisonment, or those specifically called felonies in the statutes). Some crimes are given a case by case review by the Board.

I used to be a State Regulatory Officer, and made decisions in cases like these. This is not legal advice, but from my personal experience, I would say a 3 year old misdemeanor which has been expunged should not be a problem. If I was the Attorney for the State in this case I would not hold up licensing.

BUT if I found out you lied or failed to disclose a fact on any form or statement I would bar you from licensing - in other words, be honest about everything.

Try to find out what the licensing regs and applications say in your state - it may be that expungement is specifically addressed there.

But if the licensing application simply asks "Have you ever been convicted of....." I think you should call the clerk of the court which expunged your record, and get a written opinion of how you should answer that question.

Good luck!

CaptainEricRN

Thank you so much CaptainEricRN!!   I remember asking my lawyer about what to put on employment application back then.  He said to me that it is expunged and it's wiped off your record and you should put "NO" if asked if you have ever been convicted.  Mind you this is just an app for employment, so this may just be different from applying for nursing program.

I should ask the probation officer what to put on the application for the medical program since it's been expunged.  I'll call tomorrow.  I would hate to bring anything up to the head nurse program if it's not necessary.   I'm an honest person, but sometimes when you say too much, it can backfire.

What it was was a domestic violence.  I'm not a violent person.. far from it.. I don't get mad easily and if I do, I don't get mad like that.  I just scratched his back with my nails.. no bruise.. or anything like that.  He cheated on me.  I got upset.   I had to take a 6 sessions of Anger Management which I don't think it was necessary, but I did it.  It was a sudden reaction from the hurt and betrayal.   And this is what I would explain to to them if they find out.. which I hope they won't.  Would the school give me a chance to explain myself if I get to that point where they do find out?

Sorry if my post is long.. I just wanted to share it and kind of get it off my chest.  I'm not a bad person, and people make mistakes.  And mistakes learned.  I just want to better myself and I'm doing this for the children.

Thank you everyone for replying, especially to you Eric.  If anyone would like to add anything else.. please do.  I'd like to hear your thoughts on this one.. Thank you.

Yes the Probation Officer would be fine too! You just need some official documentation - that way if you are asked why you answered "No" you can point to the time, date, and government official who advised you. Getting it in writing would be best, but if not, just document who told you ,when and where.

If the court clerk, or probation officer says the answer is "NO" then that's what it is (by the way, I would agree).

And by the way, I have also been a police officer - anyone who has been in law enforcement knows quite well that some very nice people have some serious sounding charges resuting from incidents which are not a big deal. The very fact that your record was expunged demonstrates that this was not a terribly serious matter.

You're welcome, and good luck! Please write to me and let me know how this turns out!

Well now that's a bit of a problem - it will partially depend on if it was considered a felony in your state - if not, the Board would not be as harsh.

But if you failed to disclose something you were asked on your licensing app, the Board might sanction you for that. A lot depends on the philosophy of the people on the Board of your state. You could get a reprimand in your file, or a license suspension for a set period, or revocation of the license. Perhaps your state regs specifically deal with non-disclosure of a conviction, and the Board must go by that.  It's really impossible to tell... Even if I knew it was my own state I could not guess.

If I was the one deciding, I would look at your record since the conviction. If everything was fine, I think I would suspend the license for a year. But you say you are before the Board on something else... So I think they will consider all the factors.

In my state the Board is much more apt to suspend for one or two years rather than revoke, unless the regs tell them they must revoke.

As far as your job goes, if you just wrote down "laid off," then it is possible that you thought "laid off" included terminated for cause. Then it would not be a lie, just a misinterpretation.

You should probably call a lawyer or two in your area. Most will at lwast give you a free consultation to advise you how to proceed.

CaptainEric

Hi - I'm CaptainEric (of New Jersey).

1. Despite the law, any school can have it's own policies.

2. In NJ you can only get something expunged after several years minimum (I think it's 5 years at least)

3. But that applies to convictions (a guilty plea is the same as a conviction). Were you convicted or just arrested?

4. In NJ almost evrything is a "felony" - crimes of the 1st, 2nd and 3rd gegree are considered felonies, but 4th degree crimes can be too.

5. At common law a felony is any crime with a potentionl punishment of over one year in prison.

I think you have more to worry about from the school, rather than the State. When I was a NJ State attorney I would not have precluded licensing for one offense such as yours.

CaptainEricRN,

can you please email me at

I have a presonal question to ask. It is very important!!

Thank you

Hiya, Unfortunately Capt Eric is no longer on this site.. A loss for all. However Dr Tom is here and I will forward this email to him.. Best of luck to you.. Please keep us posted.. Teresa

 Help anyone! I replied no to a job application asking if I've ever been convicted of a felony or anything other than a misdemeanor. I have had a misdemeanor battery charge and a misdemeanor reckless driving charge in the past 7 years, both have been dealt with accordingly and now I am being questioned my a prospective employer regarding my answering No to these questions. They were both misdemeanors and NOT felony! Right? Now I'm scared that they will tell me I can't work there and I was supposed to start Mon. ...and it's Thursday! 

Anonymous says ...

Here I am!

Each State has different laws & regiulations, and a differing philosophy of their Board of Nursing.

First, check the regs, which are usually on the State Board website. Some types of crimes will affect the license, others will not. Sometimes the time since  conviction will have an effect. In many States, only felonies are a bar to licensing (felonies are generally crimes punishable with over one year imprisonment, or those specifically called felonies in the statutes). Some crimes are given a case by case review by the Board.

I used to be a State Regulatory Officer, and made decisions in cases like these. This is not legal advice, but from my personal experience, I would say a 3 year old misdemeanor which has been expunged should not be a problem. If I was the Attorney for the State in this case I would not hold up licensing.

BUT if I found out you lied or failed to disclose a fact on any form or statement I would bar you from licensing - in other words, be honest about everything.

Try to find out what the licensing regs and applications say in your state - it may be that expungement is specifically addressed there.

But if the licensing application simply asks "Have you ever been convicted of....." I think you should call the clerk of the court which expunged your record, and get a written opinion of how you should answer that question.

Good luck!

CaptainEricRN

 

Hiya, Let me know your email and I will forward it to Eric...Teresa

 can you give me somewhere else to send the information? please i would appreciate it . im stressing

You know instead of going through that, here's my email.. manicnurs@ yahoo.com