If you're a nurse who has been charged with or convicted of a felony, the repercussions could extend beyond criminal penalties such as fines, probation, and jail time. Employers may be unwilling to hire you. They may suspend or fire you. You may also be facing disciplinary action that could lead to your nursing license being suspended. You might even lose your license.
If you're facing criminal charges, you need immediate help to protect your career. The Professional License Defense Team at the Lento Law Firm works with nurses throughout the United States who are facing disciplinary issues. We help our clients understand their options and build evidence-based defenses that protect their lives and their futures.
If you're a nurse who is facing or has been convicted of felony criminal charges, the Professional License Defense Team at the Lento Law Firm can help you protect your job and your license. Call us at 888-535-3686 or fill out our online form.
What is a Felony?
The United States divides crimes into two general categories: misdemeanors and felonies. Misdemeanors are less serious, and felonies are more serious. This extends to sentencing and penalties.
Each state, as well as the federal government, decides what's a misdemeanor and what's a felony within their borders. While these are often similar – first-degree murder, for example, is always a felony – they aren't identical. Most crimes have different degrees or levels of severity, and what may be a misdemeanor in one state may be a felony in another state.
Being convicted of a felony versus a misdemeanor may result in different outcomes for a nurse. As the more serious crime, felonies are more likely to result in disciplinary actions.
Felonies usually result in more serious harm or damage to the victim. Loss of life, severe injury, large amounts of money, or serious damage are usually involved in felonies. This also means more serious penalties, such as higher fines and longer jail terms or probation.
Common types of felonies:
- Murder
- Sex crimes
- Embezzlement
- Money laundering
- Kidnapping
- Arson
- Drug trafficking
Some crimes may be both felonies and misdemeanors, depending on the details. These same details can also affect what disciplinary action a nurse may face.
For example, a nurse is involved in a car accident that kills the driver of another car. The details surrounding the accident matter. If the accident was the result of the other driver running a red light compared to the nurse running a red light while under the influence, the nurse is likely to face different outcomes to any criminal charges.
For any disciplinary hearing, however, these details may also influence whether the charges reflect on the nurse's ability to do their job as a nurse. The Professional License Defense Team at the Lento Law Firm helps our clients understand how these details matter when defending against disciplinary action.
Felony Charges and Convictions from Other States
That you were charged or convicted of a crime in a state different from where you're licensed to practice doesn't matter. Whatever reporting requirements your state licensing board has for felonies applies to all felonies, regardless of where they happened.
In general, a licensing board will consider the conviction based on the law where it occurred. For example, in State A, shoplifting is a felony beginning at $900. In State B, shoplifting is a felony beginning at $1100. A nurse is licensed in State B but shoplifts in State A. The nurse is charged with a felony for shoplifting $1000.
In this situation, it doesn't matter that the crime would be a misdemeanor in State B, where the nurse is licensed. What matters is the law where the crime occurred, and in this case, that means the crime is a felony, not a misdemeanor.
These types of details are why nurses need to contact the Professional License Defense Team at the Lento Law Firm when they're facing criminal charges or convictions. We can help you understand the law and build a case to show why a felony conviction shouldn't affect your nursing license.
Why You Need a License Defense Attorney
When facing a felony charge, individuals may suddenly find themselves in the center of the criminal justice system. A criminal defense attorney can help them navigate that system, but nurses also need a license defense attorney.
A license defense attorney is different than a criminal defense attorney. Similar to how nurses have different specialties, attorneys work and focus on different areas of the law. A criminal defense attorney focuses on crimes while a professional license defense attorney knows the intricacies of licensing issues and boards.
A nurse facing a felony needs a licensing defense attorney because their job and focus are different than what a criminal defense attorney will do. The Professional License Defense Team at the Lento Law Firm focuses exclusively on professional licensing issues and helping our clients protect their careers.
Complaint Process
Each licensing board has its own rules for how it handles disciplinary action. The Professional License Defense Team at the Lento Law Firm Team can help you understand the specifics of your situation and your licensing board.
In general, most nursing boards will follow a similar series of steps for reviewing allegations of nursing misconduct.
Complaint: While other individuals can file complaints, in the case of a felony, the nurse may be required to report the charges or convictions to the board.
Initial review: The board will determine if the alleged misconduct is something that the board is responsible for investigating
Investigation: The board will investigate the allegations against the nurse next. While these investigations can last months, an investigation related to a felony may be different than one involving on-the-job misconduct. Depending on the state and the outcome of the criminal case, an investigation may be more of a formality.
Formal charges: What happens with formal charges depends on the licensing board and the specific disciplinary allegations against a nurse. Some possibilities
- Settlement conference: A nurse, along with their legal counsel, meets with representatives from the licensing board. The two sides will discuss the charges against the nurse and find a way to resolve the charges with an agreement. This option is similar to mediation.
- Administrative hearing: Similar to a traditional courtroom trial, a neutral third party will oversee the proceedings. Both sides will have an opportunity to present their side and their evidence and call witnesses. The judge will decide what disciplinary action, if any, the nurse will be subjected to.
- Alternative-to-discipline: With this option, the nurse will have the opportunity to avoid disciplinary action and instead enter a rehabilitation or remediation program. This is a popular option when a nurse faces allegations of substance abuse. The caveat with this option is the requirements can be heavy, and nurses often have to bear the majority, if not all, of the costs, even in situations when they are suspended from work.
Outcome: Nurses face a wide range of outcomes. A nurse may be cleared of any alleged wrongdoing. They may be censured, fined, or restricted in their ability to practice nursing. Some of these disciplinary actions will be put on a nurse's public record.
- Appeals: Most licensing boards do allow nurses to appeal a decision in court. Nurses should be aware, however, that these appeals are only a review of the hearing and not a new trial. An appeal generally happens only if there's been an error in procedure or interpretation of a law.
Example: Washington State
The Washington State Board of Nursing provides a flowchart of its disciplinary process. The state includes general timelines, and while similar to the general process, it does have additional steps, such as early remediation.
The state has mandatory reporting requirements, which include both self-reporting and reporting by courts. For mandatory reporting requirements, the state defines convictions as:
- An individual is guilty of a felony or gross misdemeanor
- Guilty pleas or plea deals
- All decisions with a deferred or suspended sentence
In Washington, the disciplinary process may result in closing a case, disciplinary action, or stipulations to informal disposition (STID). For disciplinary actions involving criminal convictions other than sexual misconduct, the state provides a chart of minimum and maximum sanctions.
Disciplinary actions can be formal or informal. They may limit or bar a nurse from practicing. In Washington, enforcement actions can be used, and corrective action may be used interchangeably with disciplinary action.
STIDs are an informal disciplinary action. A nurse admits to no wrongdoing but does agree to comply with certain terms. They may, for example, be required to complete additional training.
Knowing your specific state board's laws and procedures is crucial for defending your career and your license. The Professional License Defense Team at the Lento Law Firm can help you understand the options available to you and which is best for your situation and your future.
Types of Crimes Matter
The crime a nurse is convicted of, as well as the state in which they are licensed, both influence any potential disciplinary action.
Each state has different reporting requirements. These can often be more difficult to find than information for new applicants. This is one reason why you should contact the Professional License Defense Team at the Lento Law Firm. The laws of Minnesota, for example, don't provide a list of specific crimes but rather crimes that relate to practicing nursing.
Other states do provide specific requirements or even lists for what crimes need to be reported. In general, felony convictions that relate directly to the practice of nursing or would indicate a nurse is unfit to practice or care for patients are most likely to result in disciplinary action.
State Example: Illinois
Illinois divides criminal convictions into different categories. These range from convictions that are an automatic bar to a license to criminal convictions that don't need to be disclosed.
In Illinois, the following are automatic bars to a license:
- Any offenses that require registration under the Sexual Offenders Registration Act
- Involuntary sexual servitude of a minor
- Criminal battery against any patient during care or treatment
- Forcible felony, depending on the date of the incident and other circumstances
Illinois requires reporting of the following convictions, although they aren't automatic bars to a license:
- Arson
- Assault
- Battery
- Burglary
- Driving Under the Influence (DUI)
- Healthcare fraud
- Manslaughter
- Narcotic drug possession or sale
- Reckless homicide
- Stalking
- Theft
- Unlawful weapon use
Illinois also includes a catchall category of felonies that aren't automatic bars to a license.
Finally, Illinois doesn't require disclosure of these convictions:
- Marijuana possession or sale
- Traffic offenses other than DUIs and reckless homicide
- Trespass
- Vandalism
State Examples: Florida and California
Florida, in comparison, requires nurses to report all criminal convictions, guilty pleas, or no-contest pleas. California's criminal reporting requirements are similar to Florida, except the state doesn't require reporting when:
- An infraction resulted in a fine of less than $1,000
- That infraction didn't involve drugs or alcohol
California requires that licensees not only need to inform the board of the conviction, they also need to provide additional information. For each conviction, a nurse must provide:
- Detailed written explanation
- Relevant documents, such as police records, arrest or booking reports, complaints, citations, or tickets
- Court documents, such as
- Notice of Charges, complaint, or indictment
- Plea agreement, sentencing order, probation order, or judgment
- Dismissal, probation release, or court discharge
- Any other relevant evidence or information, including evidence that would mitigate disciplinary action or show rehabilitation
- Drugs and Alcohol Charges
Substance Abuse
Even without a criminal conviction, nursing boards take substance abuse seriously. A nurse may be referred for disciplinary action due to substance abuse even without a criminal conviction. Depending on the state, marijuana charges may or may not be treated the same as other drugs. Nurses should be aware that using marijuana in a state where it's legal doesn't mean they won't be subjected to disciplinary action if they fail a drug test.
Nurses with felony drug charges or convictions may be offered the opportunity to go into a diversionary program. While this sounds good in theory, these programs can put unrealistic requirements on nurses and require massive financial expenses. In some cases, nurses have opted to leave the profession rather than undergo a diversionary program.
Felony drug and alcohol convictions can be especially difficult to defend. Many nursing boards take a hard line against any substance abuse, even when there's no indication a nurse's job performance was affected.
If you're facing felony charges related to drugs and alcohol, you need to be prepared to show why they are unrelated to your ability to work as a nurse. The Professional License Defense Team at the Lento Law Firm can help.
Deadlines for Reporting Convictions
Some states have requirements for when a nurse must report a criminal conviction. These deadlines can range from days to hours.
Wisconsin has one of the shortest reporting requirements. The state requires nurses and other medical professionals to report any misdemeanor or felony conviction within 48 hours of the judgment. If a nurse doesn't report within that time period, they may be subjected to disciplinary action.
In comparison, Indiana has a more generous notification policy. Nurses in the Hoosier State have up to 90 days to report any criminal convictions.
Criminal Conviction or Arrest Before Becoming a Nurse
Depending on the state, an arrest or criminal conviction may make it more difficult for you to become a nurse. Ideally, you should find out if your state's board of nursing will license you before you begin your nursing education. Most states require that nurses disclose any misdemeanors and felonies as part of their application.
It's important that you don't withhold any information about your criminal history on your application. Lying on an application may result in your being denied a nursing license, even when the initial criminal conviction wouldn't have prevented you from becoming a nurse.
With the exception of convictions for felony-level sexual offenses, Minnesota doesn't automatically bar any applicant with a criminal record. The state instead considers how the conviction and the applicant's subsequent actions would affect their ability to practice nursing. Factors Minnesota may consider:
- A crime's nature and seriousness
- A crime's circumstances, including any mitigating information
- The applicant's age when they committed the crime
- How long since the applicant committed the crime
- Any additional competent evidence of rehabilitation and fitness to practice, such as completing court-ordered probation requirements
Others may limit nursing licenses to certain crimes or a period of time after the conviction or plea deal.
In general, crimes that potentially affect the public's trust in a nurse or call into question an individual's ability to perform the expected job responsibilities of a nurse are more likely to prevent an applicant from getting a nursing license.
License Renewal
When renewing a nursing license, your licensing board may require you to disclose any criminal offenses. This will generally not include those previously disclosed to the licensing board, such as during an initial application.
The Texas Board of Nursing provides nurses with a list of questions to determine renewal eligibility. This includes criminal matters, such as:
- Have you been arrested and have a pending criminal case?
- Have you been convicted of a misdemeanor?
- Have you been convicted of a felony?
- Have you pled nolo contendre, no contest, or guilty?
- Have you received deferred adjudication?
- Have you been placed on community supervision or court-ordered probation, regardless of a guilty plea or conviction?
- Have you been sentenced to jail or prison time?
- Did a court grant you pre-trial diversion?
- Were you cited or charged with any violations of the law?
- Were you subjected to a court-martial or any other form of military discipline or judgment?
While these questions are specific to Texas, they form a good basis of questions for nurses to ask about when and how a felony charge or conviction may affect their license or when they need to report.
Texas excludes a limited number of criminal offenses:
- Class C misdemeanor traffic violations
- Previously disclosed criminal offenses
- All other offenses must be disclosed as part of the renewal process, including those on appeal.
Different states may have different time requirements for when and how a nurse must disclose a criminal charge or conviction.
Multi-State License
Nurses who have been convicted of felonies aren't eligible for the multi-state license. For nurses who are registered in multiple states, they will need to follow the reporting requirements for criminal convictions for each state licensing board.
The NCSBN governs the Multistate License, more commonly referred to as the compact. It prohibits both new applicants and current nurses from being eligible for a multistate license if they are either convicted of a felony or pled guilty. Article III, c. 7 covers criminal charges and convictions for the multi-state license.
While states are required to report disciplinary action to the National Practitioner Data Bank (NPDB), nurses may be required to report any disciplinary action that another state licensing board takes against a nurse. This is the case even when a licensing board doesn't require a nurse to report a criminal conviction. Failure to follow mandatory reporting procedures may result in disciplinary action.
Virginia requires reporting for any disciplinary action taken in another state. The state also requires reporting of any voluntary license surrender while under investigation.
Expunged or Sealed Offenses and Non-Disclosure Orders
One question is whether nurses need to disclose criminal records that are expunged or sealed.
Individuals are generally responsible for checking that any criminal records that should be expunged or sealed are actually expunged or sealed. Illinois doesn't require any individuals to disclose expunged, sealed, vacated, or reversed convictions or any juvenile convictions.
Texas, in comparison, recommends that new applicants or nurses renewing their license submit a copy of the court order expunging or sealing the record.
If you have sealed or expunged criminal records, the Professional License Defense Team at the Lento Law Firm can help you determine if, when, and what you need to disclose to licensing boards,
Protect Your Career
You've worked hard to become a nurse. One mistake shouldn't permanently derail your career. Nursing boards may be overzealous when disciplining nurses, even when a criminal conviction has no bearing on a nurse's ability to provide patient care.
Disciplinary action may be overly harsh compared to the crime. They may seem like a way to force a nurse out of the profession without formally revoking their license. Disciplinary actions, even those intended to be an alternative to discipline, may inflict heavy burdens on a nurse that can be difficult to meet.
As a nurse, you know how vulnerable patients are during treatment. You know it's important that patients are in safe environments with medical professionals they can trust. That a nurse has a felony conviction doesn't automatically mean they cannot provide care to patients in a safe environment.
The Professional License Defense Team at the Lento Law Firm works with nurses nationwide who are facing felony charges or convictions. We help you understand your options and how to protect your career after a criminal charge or conviction. We focus on your specific state and help you build defenses centered on evidence.
If you're a nurse facing a felony charge or conviction, contact the Professional License Defense Team at the Lento Law Firm. We can help you at any step in the process. Whether you're unsure when and how to report to your state's nursing board or defend against disciplinary action, we can help. Call us at 888-535-3686 or fill out our online form.
