trying to apply for nursing school... Can FBI find out about expunged/nondisclosure charges?

Thanks for the replies! ******* I am just really confused on just what to do!! Application for nursing school in Texas, wants to know about any charges you have ever had, regardless rather convicted or not, along with an explanation! Well, I have a dwi back years ago, and unfortunetaly another one but they were almost 17 years apart. Both are misdemeanors... my main ? Is that I had another kind of charge in 2002 that was actually totally dismissed, and I understand that I can get it expunged and/or nondisclosed!

I'am confused because I have to send in fingerprints for fbi check for nursing school, and wonder if it is really worth getting the dismissed charge expunged, or will fbi find it anyway, and might appear to state board of nursing as though you were trying to hide something??

also, what is difference is nondisclosure and expungement and does anyone out there know if it is adviseable to do either one in this instance as far as nursing board submittal goes, or any other type industry/employer?

lastly, if I get denied for nursing, does anyone out there know if the other types of medical tech state boards, such as x-ray tech, surgical tech, etc,. arent quite as strict as the Texas state board of nursing??

I do have a ba 4 year degree and currently hold a professional lic. In another industry... does anyone know if I still might have a chance to be approved by the Texas state board of nursing??

please help and thanks sooooooo much!!

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Originally Posted by hurricanedarla

Can FBI find out about expunged/nondisclosure charges?

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Hello darla:

Yes.

excon

Explunged records do not show up for public records, but they always show up to the police or to anyone doing a national security background search

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Originally Posted by hurricanedarla

Thanks for the replies!! ******* i am just really confused on just what to do!!!!!! application for nursing school in texas, wants to know about any charges you have ever had, regardless rather convicted or not, along with an explanation! well, i have a dwi back years ago, and unfortunetaly another one but they were almost 17 years apart. both are misdemeanors......my main ? is that I had another kind of charge in 2002 that was actually totally dismissed, and I understand that I can get it expunged and/or nondisclosed!

i'am confused because i have to send in fingerprints for fbi check for nursing school, and wonder if it is really worth getting the dismissed charge expunged, or will fbi find it anyway, and might appear to state board of nursing as though you were trying to hide something??????

also, what is difference is nondisclosure and expungement and does anyone out there know if it is adviseable to do either one in this instance as far as nursing board submittal goes, or any other type industry/employer?

lastly, if I get denied for nursing, does anyone out there know if the other types of medical tech state boards, such as x-ray tech, surgical tech, etc,.................arent quite as strict as the texas state board of nursing????

I do have a ba 4 year degree and currently hold a professional lic. in another industry...........does anyone know if i still might have a chance to be approved by the texas state board of nursing??????

please help and thanks sooooooo much!!!!!

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This should be combined with your other thread, not posted as a new question.

Yes, I believe ANY criminal record will show on your background check for Nursing School - including anything that has been expunged and will only appear on Police-related checks.

If someone asks for your total criminal record (guilty or not), that's what you furnish to them - if that's your question.

If a criminal record bars you from a Nursing License in Texas your other professional license is not going to make a difference.

The only way to find out 100% if a criminal history will keep you from being licensed is to check the Texas websites for the various careers which interest you.

Threads merged, please do not start new thread for same question.

If you wish to add more follow up material, merely "answer" your own question

I do believe it will show up, plus if they ask for any arrest, even if not convicted, if you don't tell them the truth, then when they find out, you lose your license.

Yup, it will show up. Unfortunately, there are VERY few jobs you can get in the medical profession with a criminal record. It might be best for you to find another profession.

Ok., but it states expungements need not be disclosed... so with that being said, will they not then see it being that it's a FBI check? I mean, therefore, worth to expunge the arrest since it states that you do ont have to report expungements?

THANKS:)

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Originally Posted by hurricanedarla

expungements need not be disclosed..................

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The operative word here is NEED not be disclosed. But, when you are working in healthcare it is necessary to know exactly what is or is not in your background. When I did my application and submitted my fingerprints, they went back 20 years. Heck, they even knew what job I was working at 20 years ago and I couldn't even remember.

There are risks inherent working with medicine... assault and/or battery; drug charges that may cause them to think you may be a risk; etc.

Even though many records may be expunged, the healthcare field is one that is very litigous. Meaning that patients suing providers, whether it be the hospital, doctor, nurse, pathologist, etc is at an extremely high rate. Therefore, many facilities as well as schools will not accept a person with any form of record whatsoever.

I don't have any drug or assault charges... if the medical field doesn't like to hire anyone with anything on their record at all,. why is that I hear of so many people say that there are tons of nurses out there with misdemeanors and even felonies?? Especially with the huge shortage and demand in nursing??

I will give you an example, for 6 years I managed a DME company, we merely delivered Oxygen and electric wheel chairs to medicare patients, our people did not even have to be licensed ( our company did)

We were not allowed to hire any person that would be in contact with the patient that had any felony, we would have lost our medicare certification if we did. And they could not have any misdemeanor that involved abuse and a couple of other items.

So with a felony even if it was explunged, you would not have gotten a 8 dollar a hour job delivering the medical suppies.

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Originally Posted by hurricanedarla

why is that i hear of so many people say that there are tons of nurses out there with misdemeanors and even felonies????? Especially with the huge shortage and demand in nursing?????

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This is a very good question. Were the misdemeanors and/or felonies before or after the schooling? Even with the shortage. You see, the litigious nature of our society has gotten to the point where no facility will even allow a person with a record to do clinicals. I had to submit to a urine test, blood test, background check and fingerprints before I was accepted to nursing school. Then I had to submit to that again prior to graduation.

Because of the high litigation, facilities want people who are "pure," virgin like. So that they reduce the possibility of lawsuits. When a suit is brought, and your name is on the chart, the plaintiff's attorney will find out EVERYTHING about EVERYONE who's name is on the chart. If you have a felony or a misdemeanor of any kind, the risk of the facility you work for is high for being fined and/or closed.

It is not a felony!! Misdemeanors, and not abuse, assault, nor drug related!

Do you mean they won't even allow people to do clinicals with any type of record period?? Even a dwi misdemeanor? Because if that is true, one of the schools I spoke with awhile back acted like it was not any problem to get into nursing school etc... -------------

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Originally Posted by hurricanedarla

Do you mean they wont even allow people to do clinicals with any type of record period????? Even a dwi misdemeanor? Because if that is true, one of the schools i spoke with awhile back acted like it was not any problem to get into nursing school etc..........-------------

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This all depends on the facility. Where I am from they would not allow any record at all. Each facility i.e. hospital, nursing home, etc, has it's own rules about what kind of record it will or will not allow. Since this is the case, the school has to abide by those rules when it comes to students and clinicals.

Many facilities will allow misdemeanors depending on a case by case basis. Many will allow a DUI, but will not allow domestic violence, for instance.

I cannot say with any certainty what the schools and facilities in your area will allow.

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Originally Posted by hurricanedarla

Ok.,, but it states expungements need not be disclosed..................so with that being said, will they not then see it being that it's a FBI check? I mean, therefore, worth to expunge the arrest since it states that you do ont have to report expungements?

THANKS:)

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You don't NEED to report them. Depending on the extent of the background check, reported or not, they will appear. Expungements do show on an FBI check.

And J_9 is right - when it's a medical malpractice matter the past record of EVERYBODY comes into play and anything drug/alcohol/violence related is a big red flag.

From my personal experience -- Although I don't know about Texas, here in Georgia expunged cases can only be found by criminal investigators in any possible future criminal case. Unless like mine, you come across it on the internet: No law says they have to remove it. I contacted one web site, stating the expungement information and they removed it within 30 minutes. However the other one refuses to remove it without a court order, which I am about to get. If you have your records expunged, later check key words "caselaw[and your last name] (which is on lawskills.com)

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Originally Posted by McKoy641

From my personal experience -- Although I don't know about Texas, here in Georgia expunged cases can only be found by criminal investigators in any possible future criminal case. Unless like mine, you come across it on the internet: No law says they have to remove it. I contacted one web site, stating the expungement information and they removed it within 30 minutes. However the other one refuses to remove it without a court order, which I am about to get. If you have your records expunged, later check key words "caselaw[and your last name] (which is on lawskills.com)

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State Licensing Departments do not use the Internet - they use Police/FBI records. Expunged for the general public and expunged to the eyes of the Police are two very different things.