Nurse Insights: Can You Become a Nurse With a Criminal Record?

A career in nursing can be both rewarding and fulfilling, but it also comes with a great deal of responsibility. Due to the nature of the job, nursing requires a high level of trust from patients and coworkers alike. As a result, nursing organizations and schools conduct background checks, including criminal history checks, to ensure the safety and trust of the healthcare field. In this article, we’ll discuss the importance and common procedure of background checks in the nursing profession, as well as how criminal convictions could affect your eligibility to become a nurse. We’ll also provide helpful advice for those who are pursuing a nursing career with a criminal record.

In our Nurse Insights series, experienced nurses offer an insider’s perspective on the nursing profession by addressing common questions, challenges, and triumphs of their careers.

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Background Check in Nursing

In pursuing nursing as a career, it’s crucial to understand the importance of background checks, especially criminal history checks. Given the nature of the job, the nursing profession requires you to be highly trusted by your patients and your coworkers. Therefore, a comprehensive background check is vital to ensure the safety and trust within the medical field.

Importance of Background Checks

Healthcare organizations and nursing schools perform thorough background checks to affirm your trustworthiness. Background checks help identify any past criminal activity that could potentially interfere with your ability to provide safe and effective nursing care.

Significant offenses or violations can be a red flag and a potential hindrance to your licensing, such as drug offenses, physical or sexual abuse charges, and theft. Major felonies, and sometimes even misdemeanors, could disqualify you from obtaining a nursing license.

Common Procedure for Background Checks

A typical background check includes various aspects such as identity verification, looking into educational and professional history, and, importantly, a comprehensive criminal history check.

To run a criminal history check, your fingerprints are typically taken and sent to state-level databases for comparison against existing records, and in most cases, sent to the FBI database for a federal-level check. Information uncovered in these criminal history checks is scrutinized and used to help determine suitability for nursing licensure.

However, the specifics of what can disqualify you from licensure will differ from state to state, so it’s advised to familiarize yourself with the regulations and requirements of the state board of nursing in the state where you plan to practice.

It’s fundamental to approach this process transparently, as the board reviewing your application is more likely to look favorably on honesty and forthrightness. Attempting to conceal past mistakes could lead to denial of your registered nursing license.

Note that the results of the background check are not instant. The duration of the check can range between a few weeks to a couple of months, depending on the depth of the check and the organization conducting it. Therefore, it’s advisable to apply and complete the background check well ahead of your licensure application or job hunt.

Criminal Record and State Board of Nursing Restrictions

Criminal convictions can impact your eligibility to sit for the NCLEX-RN or obtain a nursing license, depending upon the nature and gravity of the offense. It’s important to remember that nursing boards in every state have a responsibility to protect public safety and have their own guidelines about who can practice nursing within their jurisdiction.

These standards revolve primarily around moral and professional conduct. Therefore, a criminal conviction, particularly if it’s related to issues of trust, honesty, or harm to others, may hinder your chances.

Severity and Nature of the Offense

The severity and the nature of the offense play a critical role in the decision-making process. For instance, convictions related to substance abuse, violent crimes, or sexual offenses can lead to an outright denial of eligibility in many states.

Felony vs. Misdemeanor

Typically, felonies can lead to more restrictions compared to misdemeanors. But even a misdemeanor can affect your application if it’s related to neglect, harm, or exploitation of a vulnerable population, like children or elderly individuals.

Timing

The time elapsed since the last offense took place may also impact your eligibility. Some nursing boards might evaluate the applicant’s behavior post-conviction and rehabilitation efforts before making a decision.

Disclosure and Good Moral Character

Undisclosed criminal convictions can negatively affect an application more than the conviction itself. Nurses are expected to exemplify good moral character, and honesty in reporting previous criminal activity plays a large part in proving this to the nursing board.

Always remember that transparency is crucial when applying for your nursing license. Failure to disclose can be considered fraudulent, leading to denial of the license.

In case of a criminal background, it may benefit you to consult with a legal professional familiar with the nursing licensure process. They can provide guidance tailored to your specific situation to ensure you present your best case to the nursing board.

Expungement and Its Impact on a Nursing Career

Expungement refers to the legal process by which an arrest or conviction is erased from a person’s criminal record. It is significant for indiciduals intending to become nurses, as criminal records can impact their ability to attend nursing school, obtain a license, or secure employment in the healthcare field.

Defining Expungement

In general terms, expungement is the legal process that essentially “erases” a criminal conviction or arrest from a person’s public record. Once an expungement is successfully completed, the individual no longer needs to disclose their criminal history on most applications, including those for nursing schools or nursing licenses.

Implications for Potential Nurses

If you have a criminal record and it gets expunged, this can significantly affect your potential nursing career in several ways.

1. Admission to Nursing Programs

Many nursing schools require a criminal background check as part of their admission process. A criminal record can potentially discourage some schools from accepting you. However, an expunged record is typically not visible to the nursing school.

2. Obtaining a Nursing License

When you apply for your nursing license, you’ll need to go through a background check. The licensing board may deny you if you have a criminal record. But, an expunged criminal record usually doesn’t appear in these checks. However, you should be aware that certain regulatory bodies or specific states may require you to disclose even an expunged offense.

3. Securing Employment

A background check is a common part of job applications in the healthcare field. An expunged record generally won’t be an obstacle to employment. However, some healthcare institutions or employers, particularly those that work with vulnerable populations like children or older adults, may have stricter rules and may even ask about expunged records.

Therefore, it can be beneficial to seek legal counsel to determine if your criminal record can be expunged if it is impacting your ability to become a nurse.

Possibility of Getting a License With a Criminal Record

While having a criminal record can complicate the process of obtaining a nursing license, it doesn’t necessarily prevent you from entering the profession. Generally, the licensing boards perform a thorough background check to ensure the safety and integrity of the nursing profession. However, the impact of a criminal record varies based on a number of factors.

Type and Severity of the Crime

The type and severity of the crime play a significant role in the decision-making process. Non-violent offenses, especially those committed a long time ago, may have less impact on your chance to earn a license than recent, violent, or repeated offenses. For example, a conviction for a minor traffic violation may not be seen as severely as a conviction for drug distribution or assault.

Time Since the Offense

The time that has passed since the crime was committed is also considered. If substantial time has passed since the offense and you have demonstrated good behavior during this period, it could positively influence the board’s decision.

Rehabilitation Efforts

Rehabilitation efforts also come into consideration. Any steps you’ve taken towards rehabilitation, such as therapy, education, or community service, can illustrate your commitment to change. Completing rehabilitation programs or having legal records expunged can also help the board see your efforts to rectify past mistakes.

It’s important to keep in mind that the decision-making process varies from state to state. Some states may allow you to request a pre-evaluation, which will give an indication of your standing before you undergo the lengthy and costly process of nursing education and licensure.

While this process can seem overwhelming, remember that each case is reviewed on its own merits, and having a criminal record does not automatically disqualify you from becoming a nurse. It’s recommended to consult a legal professional or a career counselor to guide you through this process.

Rehabilitation Evidence and Statements of Good Character

If you have a criminal record and are interested in becoming a nurse, providing clear evidence of rehabilitation and submitting statements of good character can help your case. Both of these methods can showcase potential growth and change, assuring boards of nursing (BONs) or educational institutions of your commitment to the nursing profession’s values and standards.

Evidence of Rehabilitation

Evidence of rehabilitation can include a variety of documents that demonstrate your commitment to making positive changes in your life. This could be anything from completed therapy or counseling sessions, participation in community programs, or proof of steady employment. More importantly, demonstrating abstinence from drug or alcohol use could also be very impactful.

When provided, this evidence can reassure nursing schools and BONs that you have addressed any issues leading to previous criminal behavior and are committed to a different path. It’s persuasive proof of your dedication to personal growth and commitment to a career in nursing.

Statements of Good Character

In addition to demonstrating rehabilitation, presenting statements of good character is a powerful tool. These statements, preferably written by professionals who are well respected in the community, can attest to your personal growth, good moral character, and suitability for a career in nursing despite your past.

Statements could be from an employer who has witnessed your dedication and professionalism, a professor who has noticed your academic improvement and commitment, or a community leader who can vouch for your active participation in community service.

Every effort to portray your change and demonstrate your rehabilitation is key in moving past the potential hurdle of a previous criminal record. Being truthful, transparent, and showing your readiness to embrace the nursing profession with a clear commitment to its core values will help you advance in the process.

Advice for Nursing Applicants With a Criminal Record

Just because you have a criminal record does not mean nursing is out of reach. There are steps you can take to pursue your second-degree in nursing.

Understanding Your Situation

Before applying to any nursing programs, it’s crucial to understand how your criminal history might impact your application. Each state board of nursing has different rules and regulations surrounding criminal records, so be sure to research and understand these policies. Some convictions may disqualify you from being able to obtain a nursing license. If this is the case, consider speaking to a legal professional who can help you navigate this process.

Transparency is Key

When applying for nursing schools, be transparent about your background in your applications. Trying to hide this information can result in worse outcomes later down the line, especially when it comes to licensure. Be honest, but also explain the steps you’ve taken to rehabilitate. It shows personal growth and a commitment to turning your life around.

Proactive Rehabilitation

Be proactive about showing rehabilitation outside of your legal obligations. This can include community service, positive job references, and character references from people who can attest to your personal growth and current character. Demonstrating that you have mended your ways can put you in a positive light.

Check With Your Nursing School

Once you’ve chosen your targeted nursing schools, contact their admissions departments directly. Clarify their policies on admitting students with a criminal record. Some schools may have strict rules against this, while others might be more lenient.

Licensing Considerations

Even after successful graduation, you must get licensed by your state nursing board to practice as a nurse. The decision to issue a license is always at the board’s discretion, even if you’ve satisfactorily completed a nursing program. Prepare for this by gathering character references, statements of rehabilitation and undertake more community work.

Remember, every individual and every crime is unique. How it impacts your chance to become a nurse can vary dramatically based on a multitude of factors, including the nature of your conviction, the time elapsed since the conviction, your state, and the program’s specific policies.

Your journey might be more challenging than others, but do not get discouraged. Be honest, proactive, and persistent in your quest to become a nurse.