Most people want to forget about their past mistakes, especially if they occurred when they were irresponsible young adults. You may rightly feel that past actions don't define who you are now, but if you are seeking a nursing license, they have the potential to cause issues.
License applications for nurses will ask about criminal history and other aspects of an applicant's life that may be unpleasant to disclose. Licensing boards also require complete background checks before they issue licenses to new nurses. While you may be tempted to leave these questions blank on your application, anything less than full disclosure can cause more harm than good.
The Lento Law Firm has offices nationwide and has experience representing nurses in every jurisdiction in the country. Our Professional License Defense Team will go to work for you and identify which parts of your background check may cause issues when applying for or renewing a nursing license. Call us today at 888-535-3686 or fill out our online form to get started on protecting your future career as a nurse.
What Nursing Boards Look for During Background Checks
Compared to many other jobs, officially securing your nursing license and entering the profession is not a walk in the park, even for entry-level nurse positions. On top of educational requirements and testing, all state nursing boards will investigate your background as part of your license application. Nursing boards are tasked with protecting the public from potential harm, so background checks aim to identify those who may not meet the professional and ethical standards set by the Board. However, someone's checkered past is not always the best indicator of how they will act in the future, and nurses who earnestly want to help patients in their state should not be prevented from obtaining their licenses.
Criminal History
The primary purpose of most background checks is to determine whether the prospective nurse has recent convictions or charges highlighting immoral or illegal behavior. Importantly, not all criminal convictions result in an automatic rejection. In some cases, nursing boards will overlook old convictions or minor convictions unrelated to the nursing profession. However, if the conviction is for a violent or sexual offense or one directly related to illegal activities in the field of nursing, many state boards will consider this a disqualification.
For example, the basic criminal background check of the California Board of Registered Nursing looks to see if the applicant has a conviction within the previous seven years. However, they may investigate convictions older than seven years if they involve serious felonies. If you are worried about criminal convictions from your past affecting your future professional career, experienced attorneys like the Professional License Defense Team at the Lento Law Firm can help. Criminal history doesn't always result in difficulties obtaining a license, but the risk is higher if you are unprepared for the Board's questions and concerns.
Educational History and Accreditation
Every state in the US requires nurses to complete a degree or preapproved program from an accredited institution before obtaining their license. Without a relevant degree or certificate, you cannot get the necessary authorization to sit for the NCLEX exam and become a nurse in the US.
Nursing boards ensure that programs completed by applicants are accredited and fulfill all requirements, such as completed clinical hours and mandatory education. Many states recognize nursing programs from the military, overseas territories, and other countries, but it is important to double-check what your state allows before applying for your license.
Employment Verification and Issues
Background checks can look for a nurse's previous positions, dates of employment, job titles, and list of employers. Verifying a positive employment history is one way to learn if the nurse is capable of working in the healthcare industry without issue. If your nursing board discovers falsifications of job titles, negative references, or an exaggeration of work experience, this will likely raise red flags.
Extensive work experience is not a prerequisite to obtaining your nursing license. As long as you have completed your education, complied with clinical experience requirements, and passed your exams, a lack of work history is unlikely to be a deal breaker. Working as an assistant or scribe can benefit your application, but there is no reason to exaggerate or lie about your experience.
Drug and Substance Abuse
Substance abuse is not something that state nursing boards can tolerate due to their focus on patient safety. If they have concerns that ongoing or previous substance abuse can put others in harm's way or affect a nurse's ability to function on the job, it can result in a rejection. Part of the standard background check process for many state nursing licenses includes a mandatory drug test to check for a wide range of substances.
Since many state nursing boards understand how prevalent the issue of substance abuse is, instances of previous substance use may simply result in scrutiny instead of application denial. If your problems are in the past and do not indicate ongoing patient risk, a negative drug test will usually be enough to ease their concerns. However, a recent conviction for certain drug offenses may still cause issues when seeking a nursing license.
Disciplinary Sanctions and Previous Nursing History
If you previously worked as a nurse in another jurisdiction or allowed your nursing license to lapse, you may already have a history of Board decisions and sanctions that will show up on a background check. Expect questions from your licensing board if they fear this previous behavior will repeat in the future.
Many states can access your disciplinary history in other states through Nursys, a national database created and maintained by the National Council of State Boards of Nursing. The few states and jurisdictions not a part of Nursys may still be able to gather this information by contacting your previous Board directly.
False or Incomplete Information
It is never a good idea to leave out any information on an application that licensing boards want to know about. Nursing boards expect full transparency, and any attempt to conceal past issues can result in denials or penalties if discovered after the fact. Even if you think the information can hurt your chances of obtaining your license, disclosure is the best way to explain the situation fully.
While certain details of your past are more important, lying about any information whatsoever can still harm your chances. The very act of lying on your application can signal to the Board that you are untrustworthy and a potential risk to the nursing profession in the state. In fact, state licensing boards can discover information about your past that you thought you expunged, so it is recommended to disclose everything that may paint you in a bad light. Your attorneys can assist you in determining what is worth disclosing and how you can preemptively defend yourself from scrutiny.
Credit Check and Financial Issues
Some states perform credit checks and investigations into applicants' financial histories to assess their financial responsibility, especially for those in positions handling employer or customer funds. While financial issues can signal unreliability, this is typically not the primary concern of licensing boards when looking into an applicant's background.
Detailed Background Checks by Boards of Nursing
If you have been subject to a background check in the past and passed with flying colors, you may think that applying for your nursing license will be a walk in the park. We don't want to alarm you, but background checks by state nursing boards are often more extensive and detailed than those you previously encountered. Some of the unique aspects of your life that the Board can investigate include:
- Sealed and Expunged Records: Unlike a routine background check by an employer, many state nursing boards have the authority to access sealed or expunged criminal records to gain a complete understanding of a nurse and their background. Generally accepted advice when applying for a nursing license is to eliminate past criminal convictions from the public record, but this may not always be enough. For this reason, you may still want to proactively alert the Board to convictions when applying, even if you already took the effort to expunge the record.
- Disciplinary Actions Across Other States and Jurisdictions: Nursing boards can check previous disciplinary action tied to your name, even if it occurred in a different state or jurisdiction. If you already hold a nursing license in another part of the country, that state likely uploads license holder information to a national database like Nursys. Your state's nursing board can also learn of issues related to your holding of a separate type of license through a system such as the National Practitioner Data Bank.
- Medical History: If you are undergoing a background check to get a new job, your potential employer is not concerned with every aspect of your life. If you can perform your job to a high standard, you typically do not need to disclose personal details of your health or medical history. This remains true for nursing, but due to an emphasis on patient care and safety, the requirements for reporting are much stricter. While the nursing board itself may not be able to investigate your medical records thoroughly, they will require you to disclose any health conditions that may put patients at risk or limit your ability to work as a nurse. If not, you can suffer disciplinary punishments in the future when they learn of your condition.
Never gamble on a background check or license application by leaving out information. Detailed checks can catch information you thought you hid from your personal record. The Lento Law Firm can confirm whether issues in your past are worth disclosing when applying for a nursing license in your state.
License Issues and Consequences of a Negative Background Check
Now that we have determined what your state licensing board will likely check when you apply for your nursing license, we should look at what happens when your background check comes back negative. Any minor blemish on the report, whether a criminal conviction or accidentally omitted information, can complicate the process of becoming a nurse and jeopardize your career. Primarily, you are at risk of:
- License Application Denial: If you are attempting to obtain your nursing license for the first time, a negative background check will cause some issues. An immediate denial is the worst-case scenario for any first-time applicant, as it means your years of hard work may not bear fruit the way you intended. A denial doesn't mean your journey is over, but the amount of time and effort you must put into securing your license will likely exceed that of your peers.
- Suspension or Revocation of Existing License: It is entirely possible to obtain a nursing license while having something in your background that raises red flags. However, when you next renew your license or interact with a state board in another way, this information may show itself and cause issues. For example, if you apply for a nursing license in another state, a newer background check may identify a problem that then gets passed along to your primary state of residence. Your state's nursing board, which wasn't aware of these issues in your background, may begin disciplinary proceedings to address these sudden concerns, which can escalate to a revocation or suspension.
- Requirement to Attend Hearings and Provide Evidence: A negative background check while applying for your license can still have a positive result once you engage honestly with the Board and explain the situation. It is common for state boards to require nurses with a criminal record to provide information about their convictions and explain how they have grown and changed since that time. You may also have the opportunity to meet board members in person to discuss why you are seeking a nurse license and how dedicated you are to helping others.
- Concerns Beyond Licensing: While negative background checks are a primary concern and roadblock for anyone looking to become a nurse or maintain their license, the consequences of background checks aren't confined to state boards and their powers. Nurses may have issues maintaining employment due to extensive background checks uncovering information not publicly available. If state boards issue public orders, employers may learn about previous criminal convictions and expungements affecting your job eligibility. At the most basic level, information dug up in a detailed background check can result in colleagues and fellow nurses developing a negative opinion of you.
Additional requirements for applicants with a criminal background or other issues are not uncommon, and a closer look at a typical situation may provide a clearer picture of what to expect. If you believe that something in your past will result in a negative background check when obtaining your nursing license, contact the Lento Law Firm and let us help you prepare for meetings with the Board. Having supporting documentation and evidence ready to go will result in less time waiting and more time helping patients as a new nurse.
What To Expect When Applying for a Nursing License With Background Issues
When you apply for your nursing license and have previous baggage that you know the Board will have issues with, it becomes even more vital to work with experienced attorneys who understand your state's licensing board and how they operate. Investigations into a nurse's background may take months and drag out the process of obtaining a license, but preparation can make the process as simple as possible.
Application and Disclosure
As we mentioned, there are legal, ethical, and practical reasons to disclose everything on your license application that can raise red flags. Even if you think past issues are irrelevant to your current situation, your nursing board will have questions if they believe you are intentionally obscuring information.
When you are ready to apply to become a nurse, contact the Lento Law Firm and talk to our attorneys to learn what you need to disclose. Very rarely is a decade-old conviction enough to jeopardize your license, but failing to disclose that conviction is an entirely separate issue. Our Professional License Defense Team will instruct you on what to include in disclosures, how to explain your past, and which documentation will set you up for success.
Review and Investigation
The nursing board in your state will review your application, verify your educational background, and then compare your background check results to your application. You shouldn't anticipate serious pushback or accusations if you are truthful and forthcoming. Most of the time, you will be asked to provide additional information and evidence to assuage their concerns. This is the opportunity to send them all the supporting documents and evidence you gathered with attorneys during the lead-up to your application.
While we have stressed the importance of full disclosure and honesty on your application, you shouldn't be under the impression that convictions for low-level offenses in your teenage years will cause issues. Board members may never contact you regarding background issues, and your application can proceed with minimal interruptions. The important part is to be prepared for any eventuality and work with attorneys to reduce your hardships when securing your license.
Results
If there is a massive immediate concern that you cannot explain away, the nursing board in your state will likely deny your application until you can address the situation at a later date. However, in cases where concerns exist that are not of utmost importance, the review process can continue for weeks or months. If you are attempting to secure an Authorization to Test for the National Council Licensure Examination during this time, these delays can significantly slow down your progress.
There are two common outcomes: a delay in the issuance of your authorization or a conditional approval. If the Board delays your ability to take the exam, you must wait until they complete a full review, explain the results, and issue authorization. If granted conditional approval, you can sit for the exam with the understanding that you may still face issues securing your license. Essentially, while you can proceed with the test, your state board reserves the right to deny licensure based on the future outcome of investigations and background checks.
Can Civil Lawsuits Affect My Nursing License Application?
Civil judgments for unrelated issues do not generally impact your ability to become a nurse. In many cases, these types of lawsuits do not appear on a background check focusing on criminal, employment, and educational history. However, as we have emphasized, your state's nursing board may perceive a lack of disclosure on certain topics as a malicious attempt to obtain a license.
Nurses wear many hats during their employment, helping patients while maintaining and updating their records. If a civil lawsuit stems from related misconduct in another industry or profession, disclosing this information is the best way to ensure your state's nursing board isn't surprised in the future. Remember, the best way to get your questions answered and learn what should and shouldn't be disclosed is to contact the Lento Law Firm and speak to our Professional License Defense Team. During your consultation and conversations with attorneys, you will gain greater clarity into what your next steps should be to become a nurse in your state.
Contact the Lento Law Firm Today for Help Obtaining Your Nursing License
Many nurses have flourishing careers despite criminal convictions or other issues in their past. If you are gearing up to apply for your nursing license, attempting to renew, or dealing with disciplinary matters related to your background, the Lento Law Firm can help. Our Professional License Defense Team works nationwide to assist nurses whenever background checks prevent them from advancing in their careers.
Regardless of what appears in your background check, working with our Professional License Defense Team will give you the best odds at successfully obtaining your license. Call us today at 888-535-3686 or contact us through our website to speak to a member of our team and get started.
