Can the Mass Nursing Board access my sealed criminal record for licensure through reciprocity

Asked about 3 years ago - Somerville, MA

I am recently applying for my RN license in Mass and recently have had my criminal record sealed. I currently carry a RN lic. fom another state. Can the Mass. nursing board view my sealed record?

Attorney answers (1)

  1. Christine C McCall

    Pro

    Contributor Level 20

    Answered . Maybe.

    The Mass RN Board will be given all information in the file of the RN licensing agency in the other state. If the sealing order was not served on the out-of-state board, or is not enforceable or legally effective in that state, your record may be shared with the Mass Board. If the sealed information is in that file, you should anticipate that it will be viewed by your state's licensing agency.

    It may be difficult to get out in front of these facts and prevent the disclosure that you are concerned about. You can try to bring a similar record-sealing petition in the other state, but that will take time and the damage may have occurred by the time your petition would be heard. Also, there are very few states that allow sealing or concealment of adult criminal history information as against the efforts and need for disclosure of a state licensing agency.

    You should speak with a qualified and experienced licensing attorney.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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