Hello. I am trying to figure out how to fill out nursing applications. I have a 484 pc expunged record (Shoplifting). But since I have a Licensed Vocational Nurse (LVN) license I must check 'yes' on a conviction. So I need assistance on what I can write on my application to convince them to overlook lack of good judgement at a young age. It was a one time offense which I regret. It's been 15 years since it happened. I've recently made career change to Nursing and I'm very unsure on what to write. If anyone could help me, I would be VERY grateful! Thank you in advance for the advice. Regards, M.
Administrative Law Lawyer
There is a difference between your licensing agency, BVNPT, and a private employer. You are required to disclose your prior conviction to BVNPT even after a post-conviction dismissal under Penal Code Section 1203.4 (that is what you obtained -- NOT an "expungement," which is not available in California). But you are not generally required to disclose dismissed convictions to private employers pursuant to the provisions of the statute by which your conviction was dismissed after conviction.
There can be some complicating factors, for example, if the hospital or health care institution is a government or quasi-government agency.
My suggestion is that you run the application past an attorney who can help you parse the instructions. Barring that, take the application sentence by sentence. Unless the potential employer has exceptional rights in this subject, you are entitled to say "NO" to the prior conviction question on a private employer job application. Some applicants prefer to say "NO, dismissed" because of the likelihood that the prior conviction will show up in a background check.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
4 lawyers agree
DUI / DWI Attorney
Are you applying to be licensed or a government job? If you are not you are not required to disclose the prior. I would suggest you discuss this with an attorney that handles licensing matters.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
2 lawyers agree
Criminal Defense Attorney
No lawyer can get a potential employer to "overlook" your prior conviction. If you are applying for a state license, you must disclose the conviction, even though it was dismissed under 1203.4. The best thing to do is be honest and explain what happened and why it won't happen again.
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
1 lawyer agrees