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Can I get my Nursing license with a misdemeanor charge of theft on my record?

Cypress, TX |

I am a Nursing student about to apply into the upper level / clinical program of the University I attend to achieve a BSN . Two years ago I received a Class C misdemeanor for Theft for $ 100 . 00 . I was put on a deferred ajudification program and completed my probation and community service as well as paid all fees . I was not convicted and I plan to have the charge sealed on my record , however I realize Theft is a crime of moral turpitude . I have no previous criminal history . I realize this will show up on a criminal background check regardless . I would like to know if this will detour me from getting into the Nursing program and obtaining a license as a RN in the state of Texas ? Please let me know any actions , if any , I can take to prevent this obstructing my Nursing career

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Attorney answers 5


You need to hire an attorney ASAP to file a petition to have the information expunged off of your record and if granted then you can deny the existence of the charge/arrest etc. and the only exception is in future criminal actions against where if asked all you have to say is that case was expunged and let your attorney handle the rest as there are ramifications to someone disseminating your record once expunged.


Actually, you'll be able to get your expunged expunged, or destroyed, which is much better than just having them sealed. Depending on exactly how long it's been and/or the willingness of the prosecutor to waive the statute of limitations requrement. you may be able to get that done right now, otherwise you may have to wait a few months for the two year statute of limitations to run. It typically takes about three months from the time you file an expunction petition until you can expect a clean background check. It's actually possible that the background check itself might be okay now, because Class C cases are not usually reported to DPS the way higher grade offenses are. But, I have definitely had clients tell me that Class C offensea sometimes do show up, and in your case, I dot think you want to take a chance on that happening. I imagine that they ask you questions on your state application that would cover this case, and getting caught not telling the truth there is not something you want to do. Once the expunction order has been signed, though, even if they were to find some unexpunged record, you will be in a position where you an legally deny it ever happened (and you'd be successful on an administrative appeal if they denied you admittance to that program based on either the theft case itself or them believing you lied about its existence). But, it takes at least one month after filing to get an expunction order signed, so please leave enough time that you'll be able to get your application process taken care of without running into problems. Good luck.


You should consult with an attorney about this immediately. If you were not convicted, and the charge against you was dismissed after deferred disposition/adjudication, you may be eligible to have the charge expunged. After an expunction, according to the statute, it would be a crime for the citation to be used against you in any way. However, you need to make sure it gets done right, because if the petition is denied, you would not be able to request another bite at the apple, so to speak.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Yes, if this is Class C misdemeanor, you will be able to get it expunged. If it is a Class A or B, then you can get an order of non-disclosure, which doesn't keep it from the Board of Nursing, but may blunt the impact of the record with regards to your license.

You need to get it expunged now. Don't wait - do it before you get into the clinical programs. It can affect your ability to get into clinical programs, but also the Board is moving towards requiring schools to have their students file for declaratory orders after 10 years of experience with doing criminal background checks on actively licensed nurses. . ..

This answer is limited to the facts presented in the question as posed above. This answer does not create an attorney client relationship as 1) I do not know your identity, or 2) have I ever spoken with you. If you feel you need legal representation, I recommend that you consult with a licensed attorney in your jurisdiction. I am licensed in Texas


The short answer is ,"No". However, some universities will disqualify an applicant due to criminal history. You have a duty to report the arrest, and briefly describe the outcome. Take a look at the board of nursing website in your state, and review the paper license application requirements. In Texas, you are required to obtain various court documents, and proof of your completion of whatever conditions you satisfied for probation.
Additionally, a class C misdemeanor deferred is eligible for expunction in Texas, with the exception that your plea included a waiver of your right to expunction.
That's very important to distinguish as it relates to your right to deny the arrest in the future.

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