I am going to school for nursing, and unfortunately I have a current charge of grand larceny 3rd degree... a class D felony pending from a previous employer. I am fighting the charge with a court appointed attorney, but I don't have much confidence that my attorney will get the charge dropped or have the charge reduced. I am in my 40s and have never ever been in trouble before, however, my attorney also tells me that I will most likely have to do 1 1/3 to 3 yrs despite the fact that I have repeatedly told him I didn't do it. At this point, restitution and probation seem to be a best case scenario I am hoping for... All of this said, I have been told that because this is not a violent crime, I would be able to get a Nursing license in NY state. The only information I can find about this issue on the net basically states that if the crime is drug or alcohol related or violent then a license would not be issued. Can anyone please tell me about whether my charges will prevent me from getting a nursing license? Thank you for your help!

Hello ny:

Sorry to pop your balloon, but you're not going to be able to get a nursing license with any kind of felony. I don't think you can even be a CNA, and they empty bedpans.

excon

Actually when I interviewed for nursing school, I was asked if I had a felony conviction... it was further stated that if I did, it would have to go to the BON (Board of Nursing) for them to determine - case by case. Today I was told by a Nursing Director I spoke with that I would be approved for a nursing license because it was not drug/alcohol related or a violent crime. Since it is well within her scope of practice to hire and monitor nurses and CNAs... I would think she has seen it all... and would not mislead me. As far as a CNA job goes... as long as you are not working in Long Term Care which is regulated by OBRA... you can indeed work as a CNA... emptying bedpans... in a hospital or in acute care. Do you have any specific information that would prove other than what I have been told? Thanks for the feedback.

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Originally Posted by nynurse2b

Do you have any specific information that would prove other than what I have been told? Thanks for the feedback.

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Hello again, ny:

Only what our own resident nurse tells us. I'll bet she'll be along shortly. I'd be happy to be wrong.

excon

I think you should stay encouraged each case is different.

Each state and each case is going to be vastly different. I know only from my extensive personal research that certain states (mainly southern states) have a lifetime felony bar to certain licenses. I happen to be in Illinois, where everything is let's just say interesting. The bottom line here is that you can apply for a waiver with the department of public health, which I personally have done and been approved for... this adds your name to the "healthcare worker registry" which is a requirement to work in ANY position in Illinois in which you would have patient contact. I have since completed a CNA program, and am currently pursuing a BSN. So far no problems, it has raised some red flags, and I had to do the usual mea culpas and extra interviews (mind you my convictions were in 1994) with the College of Nursing at my University prior to being admitted despite my 3.8 GPA/4.0 but it is perfectly feasible to become an RN. In Illinois and most other states I looked into, it helps to be 10 or more years removed form your final date of adjudication, as well as to have solid references. Contact the regulatory body in NY state and find out how it works there. Also it seems like a no brainer, but it is also critical that your offense is not one of your states "disqualifying offenses" these will vary from state to state, in IL anything violent, drug related, federal or abusive (children, spouse, etc) is an automatic bar for life, as is any class x felony (rape, kidnapping, murder, drug distribution, etc).

Good luck with your case and school, I hope some of this was helpful.

Two things to remember:

1) Don't let anybody who can't tell you yes... tell you know. Translation, make sure you are getting advice from the appropriate authority figure and source

2) It's not how many times you fall down that matters... what matters is how many times you get back up.

Good Luck!

You most certainly can obtain a nursing license with a felony conviction in grand larceny. It won't be easy though you will have to undergo a long and tedious investigation by the disciplinary board. Just hang in there and don't get in anymore trouble. It will happen because it happened for me. Good luck!

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Originally Posted by roseofsharon118

You most certainly can obtain a nursing license with a felony conviction in grand larceny. It won't be easy though you will have to undergo a long and tedious investigation by the disciplinary board. Just hang in there and don't get in anymore trouble. It will happen because it happened for me. Good luck!

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We take pride in our answers on the legal board. I will say - not in NY when it's a felony conviction for theft from an employer (which is the question).

Which State are you in? How old was the conviction?

This question is asked fairly regularly and if my advice is wrong I'd like to know so I don't keep repeating it.

I contacted the NYS Board of Ed. They are the licensing board for the state. I was told by several of the people I spoke with at this agency that getting licensed as an RN would not be impossible, however, very difficult and that each case is viewed independently.
Unfortunately for myself, things were looking OK, because my felony was almost 2 decades ago, but I am about to be convicted for a second alcohol and driving offense. My hopes are over, but you may succeed where I've lost.
Go to www.NYSED.gov, call the contact numbers and ask directly what you'll need and how to proceed. No one will give you a definite answer, however, they'll tell you your chances and how to prepare.
I'm beside myself with my mistakes and the loss of this future.
I wish you all the best.