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Will I be able to become an RN with a domestic violence arrest where I was not convicted?
Anonymous3 views4 answers
Background: In 2009 I was arrested for a domestic violence charge in California. My ex-husband continually harassed me in which he came to my personal home several times at which point I had to leave my own house. The time I was arrested I actually drove to the sheriffs department to file a report against him at which time I admitted to FLICKING him in an argument held at my house where he would not leave and they arrested ME because I was the one that admitted to making physical contact. In court the D.A. met with me stating I "did not look like a criminal" and that I would have to deal with him for the rest of my life considering we have child together therefore I should attend a 52 week domestic violence class and after completion the charges would be dismissed, I completed and the program and the charges were dismissed in 2010.
Now, my question pertains to my want to become an R.N. in California. I am currently 1 semester away from completing my prerequisites to get into a nursing program and have read on multiple forums that I may not be able to pursue and be successful in this position due to the above mentioned run in with the law. I know that many RN programs and hospitals conduct thorough background checks and my arrest record as well as my dropped charges might show up. Will this affect my wanting to become a nurse at a major hospital or hinder my getting a license after the completion of a nursing program? If so, are there any steps I can take to clear my name/ history?
You should speak with an attorney who specializes in licensing. Each board has their own set of requirements. Contact Christine McCall. She is a regular contributor on avvo and has experience both as a judicial officer and an attorney.
The issue will first present (and the die may be cast) when you apply to take NCLEX, as part of your State licensing process.
California law expressly authorizes the Board of Registered Nursing and other State licensing agencies to consider improper conduct -- in addition to conviction history -- in making licensing decisions. In most circumstances, the agencies do not exercise this power as they are not well-equipped to prove (at a hearing on appeal of a denial of license) improper conduct that did not result in a conviction. But domestic violence is a hot-button issue, one of the few subject matters where we see State agencies rely on non-conviction history in the licensing determination. I sometimes tell my my clients that bank robbery attracts less zeal in the State licensing process than domestic violence.
Your best course is to get out in front of the issue. Arrange now for a formal consultation with a skilled and experienced professional/occupational licensing attorney -- one who regularly practices before BRN (Board of Registered Nursing). That attorney can assist you in getting your disclosable events and offense history in the best shape, and in preparing your affirmative showing of rehabilitation. It is highly likely that you will need good legal assistance to prepare you for what may be an arduous licensing process. Better to be prepared for a fight that does not occur than to be unprepared for one that does.
Once you are licensed, it is unlikely that any major health care facility or employer will care about your old DV matter. Health care employers tend to rely on the State's vigorous scrutiny to screen out licensees with significant problems based on past conduct.
Good luck to you.
It is unlikely that an arrest, without a conviction, would prevent you from obtaining a license. However, you should contact the licensing authority and explain the situation. Seeking advice from an attorney knowledgeable with licensing matters would be the best approach.
