You know better than anyone how hard you've worked to earn the right to apply for a nursing license. You've spent years going to school and taking difficult classes that had you in the library or in study groups for hours and hours learning the science necessary for your nursing degree. There is all the time you've spent getting practical experience as a student nurse that you need to qualify for a nursing license. Finally, you've passed one or more difficult tests that are prerequisites for you to be able to hold a nursing license. After all of that, you see on the application that you're required to disclose past criminal convictions to the Board of Nursing or licensing entity, and that DUI you got a few years ago comes back to haunt you. Do you have to disclose that? What happens if you do? Can you get away with not disclosing it?
Generally speaking, you probably do have to disclose that DUI on your nursing license application. Also, generally speaking, it may not prevent you from getting your nursing license. There are ways to help overcome the harm that a DUI can have on your nursing license application. The Lento Law Firm's Professional License Defense Team can help make sure that your application provides the context and other information necessary to help you overcome the challenge that a DUI can create when you apply for your nursing license. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation to learn how we can help you increase your chances of having your nursing license application accepted.
Nursing License Applications Require You to Disclose Criminal Convictions, Including DUIs
Every state's nursing license application requires the applicant to disclose past convictions, including those for DUI. In general, a DUI conviction is considered a misdemeanor (or similar level), and both misdemeanors and felonies must be listed when applying for your nursing license. It's the very minor things like vehicle equipment violation tickets and zoning ordinance violations that you generally aren't required to disclose on your application.
In addition to disclosing that you have a DUI in your background, you'll also need to provide a lot of information about that DUI to your Board of Nursing (or the entity in your state that handles nursing license applications). Most states don't just want you to list your DUI and other convictions; they want details, including court records, and often a written explanation from you about the incident.
In Missouri, for example, if you have a DUI or drug-related traffic offense, you need to “explain fully” when you file your application and include
- the location and date of the offense
- the sentence you received
- your “explanation of the events that led to the crime”
The Missouri license application notes that “this is your opportunity to explain the situation to the board.” You also need to supply certified court documents related to the DUI, including:
- The complaint or indictment sheet or equivalent court document showing what you were charged with
- The judgment, docket sheet, or other documents that show how your case was resolved
That's where working with an experienced professional license defense attorney from the Lento Law Firm can help. We can gather the background documents you need and work with you to craft an explanation for your DUI that meets the requirements for your application while showing the Board of Nursing or other licensing agency what steps you've taken to learn from your experience.
My DUI Didn't Happen at Work - What Does it Have to Do With My Ability to Provide Quality Nursing or Patient Care?
Even though your DUI may have happened years ago and was completely unrelated to any work you may have been doing as a nurse's aide or student nurse, your Board of Nursing is going to want to know about it. One reason is that boards are looking for applicants to have “good moral character,” and they view convictions – including DUI convictions – as potential signs that the applicant does not have the moral character that would qualify them to hold a nursing license.
Another issue when it comes to nurses is the use of alcohol. While, of course, there is no prohibition on a licensed nurse having a drink on their own time, alcohol-related misconduct is a significant problem in nursing, and licensing boards are going to look very carefully for evidence that the license applicant may have a problem with alcohol that needs to be acknowledged and addressed before the board will issue the license.
For example, if a nursing license applicant discloses multiple DUIs in their past, one of which was fairly recent, their application might be denied if they are unable to also show that they have received and successfully completed treatment for alcohol abuse. That's not to say that having more than one DUI will automatically disqualify you from receiving a nursing license. Each case is different, and the facts of your situation plus how you explain it to the nursing board can make a significant difference in whether your license application is granted or denied.
In Ohio, for example, the Board of Nursing says that it will “consider a number of factors” when evaluating the application of a nursing applicant with a criminal history. These can include
- whether the nursing applicant made restitution for the consequences of their crime or crimes
- whether the applicant has “been rehabilitated”
- how long ago the offense was
- how many crimes the applicant has been convicted of and whether there is a pattern
So, if a nursing applicant has a history of DUIs in the past, but the last one was 20 years ago, the board may review their application quite differently than one where the applicant has one or more recent DUIs.
Is There a Set Number of DUIs That Will Bar Me From Receiving a Nursing License?
While there is no fixed number of DUIs that will cause your license application to be rejected, it's fair (and logical) to say that the more DUIs you have, the more difficult it will be to get your nursing license. Again, as noted above, how many DUIs you have, when they took place, how much time has elapsed since the last one, and whether you've received treatment for an alcohol problem can all affect whether your application is approved or rejected.
This is where it can help a lot to be working with one of the experienced professional license defense attorneys from the Lento Law Firm. If you have more than one DUI in your past, it's even more important that you are completely transparent with the licensing board about your past, and that you provide a detailed and credible explanation for what happened and how you've overcome the issues that caused you to receive your DUIs. The level of information you provide and how you explain yourself can make all the difference when it comes to convincing the Board of Nursing that you have the “good moral character” necessary to be able to hold a nursing license and provide quality care for patients.
This means you will need to disclose not only your DUI convictions, but any other misdemeanor or felony convictions in your past. Working with an experienced professional licensed defense attorney means you will have someone on your side who can help you gather all of the detailed information about those convictions that license boards typically require you to submit.
The other thing your attorney can do is to help you prepare and submit the detailed explanation about your past that will help the licensing board understand how your past convictions do not define you as a person, and that will show why you are an applicant of “good moral character.”
Is a DUI a Misdemeanor?
In most cases, a first-offense DUI will be a misdemeanor. A misdemeanor is the middle class of offenses that states typically have on their books.
The lowest level of offenses goes by different names depending on the state. They might be called summary offenses, infractions, or violations. They aren't generally considered crimes, though if you've been charged with one, you may still have to appear before a judge and either contest it or plead guilty. If you're found to be responsible, you may have to pay a fine.
Examples include minor traffic violations (not ones related to alcohol or drugs), trespassing, public drunkenness, and loitering; the list will vary from state to state. In most cases, these low-level offenses need not be disclosed in your license application to the Board of Nursing. But it's a good idea to check with your professional license defense attorney if you're not sure. That's another way the Lento Law Firm can help – making sure you don't over-disclose past offenses that you aren't required to disclose on your nursing license application.
Next up from these types of minor offenses are misdemeanors, which may have another name depending on the state (New Jersey calls them disorderly persons offenses). Misdemeanors, unlike the lesser offenses, are considered crimes and will usually have to be disclosed on your nursing license application. Most DUI convictions are misdemeanors; but some can be felonies. It's important to understand the offense level of your DUI if you've been convicted or have pleaded guilty or no contest to one.
Felonies are the highest level of crime, and there are felony DUIs. A DUI may be a felony if, for example, it was committed when children were in the vehicle, or if someone was seriously injured in a crash involving a driver operating a vehicle while under the influence, or if the defendant had prior DUI convictions. The criteria for felony DUIs will vary from state to state.
This is one reason why nursing license applications ask you to include official records from your prior convictions when you apply. The Board of Nursing will need to know what type of DUI you have in your background, and what the circumstances of that DUI were when it considers whether to grant your license. If you're working with an experienced attorney from the Lento Law Firm's Professional License Defense Team, you'll have the benefit of their years of experience helping nurses and other professionals get and keep their licenses even when they have criminal convictions in their background.
Are There DUI Convictions That Will Automatically Disqualify Me From Getting a Nursing License?
DUI convictions will not automatically disqualify you from being able to hold a nursing license. In most cases, your state's Board of Nursing won't make that kind of absolute statement. Instead, they will state that they'll evaluate all factors when considering nursing license applications and that things like the number of years since the last DUI or evidence that the applicant has rehabilitated themselves can make a difference in how their application is evaluated.
This is why it's important if you have a DUI or other conviction in your past to work with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team when you are preparing your nursing license application. Knowing what types of information will help your application, even in the face of one or more DUIs, can make the difference between a rejected application and one that ends up with you getting your nursing license.
My DUI was Expunged. Do I Have to Disclose It?
Some states will expunge old DUI convictions, or allow you to request that the conviction be expunged if you have not been charged with DUI for a certain number of years. If your DUI has been expunged, you might have been told that this means you no longer need to disclose it when asked about things like a job, housing, or school applications.
Nursing license applications are different. In most states, you need to disclose even expunged convictions. If you fail to do so and the Board of Nursing finds out, you could face discipline and loss of your license for your failure to disclose the DUI when you applied.
If you are working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, we will help you figure out whether your state's Board of Nursing requires you to disclose expunged DUIs and other expunged convictions. When you are required to disclose them, we'll help you meet your obligations to document the conviction and to explain the circumstances in a way that will help your application.
I Pleaded “Nolo Contendere” in my DUI Case. Do I Have to Disclose That?
Generally speaking, yes. Boards of Nursing want to know about not only convictions after a trial, but guilty pleas, “nolo contendere” (“no contest”) pleas, and adjournments in contemplation of a dismissal where your case is dismissed if you complete a requirement such as performing community service or completing a rehabilitation course.
Your professional license defense attorney can help you figure out whether your state's Board of Nursing requires you to disclose these kinds of alternative plea situations on your nursing license application or not. It's much better to make sure you're following the requirements than to guess and later on be surprised with a disciplinary proceeding that could end your nursing career.
The Lento Law Firm's Professional License Defense Team is Here to Help
When you've been working for years to get to the point where you're eligible to apply for your nursing license, you want to make sure you do it right. Even if you have one or more DUIs or other criminal convictions in your background, you may still be able to get your license. Your chances will be significantly improved if you're working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team. We'll help you with your application and will make sure you meet the requirements to disclose any prior DUIs or other convictions to your state's Board of Nursing. More than that, we will also help you explain what happened and why the Board should look past your conviction or convictions and grant you the license you've worked so hard to earn.
If you have a DUI or other conviction in your past and want to have the best chance of getting your nursing license, call the Lento Law Firm's Professional License Defense Team for help. We can be reached at 888.535.3686 or by using our contact form to schedule a confidential consultation with one of our experienced attorneys.
