Getting arrested in North Carolina, no matter the charge, can have serious consequences beyond just legal penalties. For licensed nurses, an arrest alone can put their career at risk, even before a conviction occurs.
The North Carolina Board of Nursing (NCBON, or “the Board”) oversees nursing licenses and is responsible for ensuring that licensed professionals do not pose a threat to public safety. If you're arrested, the Board has the authority to take disciplinary action, which could impact your ability to continue practicing nursing.
While it's common to seek a criminal defense attorney after an arrest, many nurses don't realize that fighting criminal charges isn't the same as defending a professional license. Criminal defense attorneys may not be familiar with the complexities of Board investigations and disciplinary proceedings, leaving your nursing license vulnerable.
To protect your career, it's crucial to work with attorneys who understand professional license defense. The Lento Law Firm Professional License Defense Team has the experience needed to navigate NCBON proceedings and advocate for your future. Contact us today by calling 888-535-3686 or through our online form to learn how we can help.
Arrests and Criminal Penalties in North Carolina
If you're arrested, it doesn't automatically mean you'll be charged with a crime and face penalties. If your arrest does lead to charges, however, you may face a wide range of penalties including jail time, fines, community service, or other punishments at a judge's discretion.
Crimes can be classed as misdemeanors or felonies. Misdemeanors can lead to either an active jail sentence, intermediate punishment, or community punishment (intermediate and community punishments don't include jail time). Depending on the severity of the charges and whether you have prior convictions, you could face between 1-120 days in jail for a misdemeanor. If you get a fine for a more serious misdemeanor, the court can decide how much it is.
More serious crimes are felonies in North Carolina. Felonies are split into 10 classes, with A being the most severe and I the least severe:
- Class A: Life in prison with or without parole or the death penalty. An example is first-degree murder.
- Class B1: Up to life in prison (standard range is 16-40 years). Examples are first-degree statutory rape and first-degree forcible rape.
- Class B2: Up to 40 years in prison. Examples are trafficking of minors and child abuse that involves serious bodily injury.
- Class C: Up to 19 years in prison. Examples are embezzlement of $100,000 or more, assault with a deadly weapon, and kidnapping.
- Class D: Up to 17 years in prison. Examples are voluntary manslaughter, first-degree burglary, or armed robbery.
- Class E: Up to seven years in prison. Examples are setting fire to a place of worship or breaking and entering a pharmacy to steal drugs.
- Class F: Up to five years in prison. Examples are repeat stalking offenses and extortion.
- Class G: Up to four years in prison. An example is witness intimidation.
- Class H: Up to three years in prison. Examples are assault by strangulation, possessing stolen goods, and dog fighting.
- Class I: Up to two years in prison. Examples are breaking into a vehicle and possessing a firearm on school grounds.
Whether you're convicted of a misdemeanor or felony, the penalties can have a serious impact on your life. Even if you don't end up serving time in jail or prison, you may still have court-ordered requirements like community service or counseling—which can be difficult to make time for when you're already working long and inflexible hours as a nurse.
Also, keep in mind that you won't have just the criminal charges and penalties to deal with. You'll also have the NCBON case. If your arrest is for a serious incident, you may be obligated to report it to the Board. If you're not required to self-report, your employer, a colleague, your insurance company, or someone else might report it.
Once the Board finds out about your arrest, it will most likely open an investigation to determine if you should have sanctions. The Board may take your criminal case into account, but it will ultimately be an independent investigation. Even if you get charged and you're acquitted, you could still face consequences concerning your nursing license.
Do I Have to Report My Arrest to the Board?
Depending on the nature of your arrest, you may not have to report it to NCBON. The Board requires licensed nurses to self-report arrests or indictments within 30 days if:
- It's a felony arrest of indictment.
- It's a DWI arrest.
- It's an arrest of indictment for the possession, use, or sale of any controlled substance.
If you're arrested for a lesser offense, or one that doesn't involve alcohol or substance abuse, you may not be required to report it to the Board. However, that doesn't mean you're in the clear. NCBON may still become aware of the arrest through background checks, complaints, or other reporting mechanisms. If the Board believes the incident raises concerns about your professional conduct, ethics, or ability to safely practice, it could initiate an investigation. Even if reporting isn't mandatory, it's important to understand how an arrest might impact your nursing license and take proactive steps to protect your career.
Before submitting your arrest report to NCBON, consult with our Professional License Defense Team. We can give you an assessment of your situation and help you predict how the Board might handle the information of your arrest. We can also let you know what your requirements are as a licensed nurse and whether reporting is the most beneficial option for you if it's not required.
Possible Disciplinary Sanctions for Nurses Arrested in North Carolina
If you get arrested and charged with a crime, you may face more than just criminal penalties. You could also face restrictions on your practice. Some sanctions the Board may consider for nurses with arrests or convictions include:
- Probation (with or without conditions)
- Limitations or conditions imposed on your license
- Accepting a voluntary surrender of license
- Public reprimand
- Required completion of a treatment program (for alcohol or substance abuse, for example)
- Suspending your license
- Revoking your license
- Refusing to issue a license if you're an applicant
- Refusing to renew a license
If NCBON takes formal disciplinary action against you, it will publish this information online. Patients and potential employers can see it, and see that you were disciplined by the Board. Even if you still have your license after your sanction, knowing that you were in trouble for some kind of misconduct might discourage employers from hiring you. North Carolina participates in the Nursys information sharing system as well, so licensing boards in other states might also access your disciplinary record from NCBON.
When deciding on sanctions, the Board takes several mitigating factors into consideration. If it's your first violation, you've never been arrested before, or the arrest was for a minor incident, the Board may issue a reprimand or put you on probation, rather than revoking your license.
However, if you want the Board to consider these factors effectively, you to present them the right way. The Professional License Defense Team at the Lento Law Firm can help with building up a solid defense for you, which includes gathering these mitigating factors and presenting them in a way that favors your argument.
The Board's Investigation into Your Arrest
Since North Carolina is a mandatory reporting state, your coworkers or employers may have an obligation to report you to NCBON if they feel your arrest warrants the Board's attention. You have to assume that this arrest will eventually have consequences for your nursing career; you can't simply wait for it to go away and hope no one notices. Someone will find out. When they do, they could very likely report it to the Board, putting your license and your career at risk.
When the Board finds out about potential misbehavior by a nurse, it opens an investigation. The investigation process generally follows these steps:
- The Board first reviews all complaints and reports to decide if an investigation is necessary. If there is no jurisdiction or no clear violation, the Board may choose not to proceed.
- If an investigation is warranted, the Board assigns an investigator. In most cases, the investigator contacts the nurse using the contact information on file with NCBON. However, in rare instances where contact might interfere with the investigation, the investigator may not reach out.
- If a nurse has legal representation, their attorney should submit a Letter of Representation to the investigator, formally notifying them that legal counsel is handling the case. The Lento Law Firm can take care of this letter for you if you hire us for your defense.
- The investigator gathers evidence, which may include witness interviews, documents like police reports, and any other relevant materials.
- Nurses have the opportunity to respond to allegations through a formal letter or by participating in an interview.
- The Board may request additional information from the nurse during the investigation. It's important to respond in a timely manner, as failing to do so could result in further disciplinary action. You should consult with our attorneys before replying to any requests.
- Once the investigation is complete, the investigator presents their findings to NCBON, which will then determine whether disciplinary action is necessary.
Letting our Professional License Defense Team handle all communication with investigators and Board members during an investigation is a smart decision for several reasons. We have the experience needed to present a strong defense for your case at every stage of the process. With our legal professionals advocating for you, you can focus on your future rather than worrying about how to navigate the investigation.
Why You Need a Professional License Defense Attorney
Even if your arrest doesn't lead to a conviction, you could still face disciplinary measures from the Board. Criminal defense lawyers usually aren't equipped to handle licensing board investigations because they differ significantly from criminal cases.
- Licensing boards have lower burdens of proof to take action against a nurse. This burden is higher in criminal cases.
- Board investigations have no requirement for a speedy trial. The duration is generally at the discretion of the Board, meaning it could last a few days or several months.
- Evidence rules are different in Board investigations. NCBON might keep evidence that wouldn't be considered relevant in a criminal case. A prosecutor must prove the law was broken; the Board must prove whether a nurse is qualified to treat the public safely.
The Lento Law Firm's Professional License Defense Team provides legal support specifically for nurses accused of wrongdoing by the licensing boards. We defend nurses throughout the state of North Carolina, who are employed at major healthcare facilities such as:
- Duke University Hospital (Durham)
- UNC Hospitals (Chapel Hill)
- Atrium Health Carolinas Medical Center (Charlotte)
- UNC Rex Hospital (Raleigh)
- ECU Health Medical Center (Greenville)
- Atrium Health Wake Forest Medical Center (Winston-Salem)
Even if you don't see your employer listed above, our firm can represent you. We're prepared to offer the defense you need to protect your license.
Contact the Lento Law Firm if Your Nursing License Is in Jeopardy
Nursing can be a rewarding profession, but it also takes a great deal of passion and commitment to serve others. You chose this career because you wanted to help people. Don't let the Board take that ability away from you.
The Lento Law Firm has the unique qualifications you need to defend your nursing license after an arrest. Start preparing your defense as soon as you can, and call our Professional License Defense Team today at 888-535-3686. You can also contact us through our online form a member of our team will reach out to you.
