As a nurse, if you've been charged or convicted of a misdemeanor crime, you might be facing disciplinary action. A misdemeanor on your record has repercussions beyond criminal penalties, such as fines, probation, and jail time. You may have difficulty securing a job. A current employer 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.
Unlike felony convictions, when and if a misdemeanor affects your ability to work as a nurse varies. The type and severity of the charge and the state in which you're charged or convicted: All of these can affect what type of disciplinary action you may be subjected to.
If you're facing misdemeanor criminal charges, you need assistance to protect your career. The Professional License Defense Team at the Lento Law Firm works with nurses nationwide who are facing disciplinary issues. We help our clients understand their options and build evidence-based defenses that protect their lives and their futures.
For nurses facing criminal charges or who have been convicted of a misdemeanor, 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 Misdemeanor?
In criminal law, there are generally two categories of crimes: felonies and misdemeanors. While misdemeanors are the less serious of the two, that doesn't mean they come without repercussions.
Common types of misdemeanors:
- Vandalism
- Petty theft
- Trespassing
- Indecent exposure
- Simple assault
Some crimes may be either a felony or a misdemeanor, depending on the severity of the crime. Shoplifting may be a misdemeanor or a felony, depending on the amount stolen. In Kentucky, that threshold is $1,000.
States often have different classes of misdemeanors depending on the severity of the alleged misconduct. New York, for example, has three classes of misdemeanors. Class A is the most serious, while unclassified misdemeanors generally have the most lenient punishments.
Each state determines what it considers a misdemeanor versus a felony. Wisconsin's misdemeanors, for example, range from hunting violations to selling alcohol to an intoxicated person.
Federal law also has hunting violations included in its misdemeanors, as well as assault and bribery, to name just two.
For nurses, misdemeanor convictions may or may not affect their nursing license and result in disciplinary action. The purported crime, the severity of that crime, and when it occurred can all affect when and how a nurse faces disciplinary action.
Charged versus Conviction
That a person has been charged with a misdemeanor doesn't mean they're guilty of a misdemeanor. It simply means that a government organization believes they committed a misdemeanor.
A conviction, in comparison, means that an individual has been found guilty or pled guilty to the charges against them. Some states allow employers to require both job applicants and employees to disclose misdemeanor charges.
Depending on the state, individuals may not have to report misdemeanor charges. Connecticut, for example, bans the use of a non-conviction charge related to employment. In other words, if an individual is charged with a crime but not found guilty, employers in Connecticut cannot use that information against a job applicant or for any disciplinary action.
Some states may also limit when employers may ask job applicants about their criminal record. These states often require employers not to ask about an applicant's criminal history until an applicant is under serious consideration. In Delaware, public employers cannot ask about an applicant's criminal record until after the first interview. The state has no such restrictions on private employers.
Reporting to an employer is different than reporting to a state's board of nursing. Nurses may still be required to report criminal activity or a conviction to the state board of nursing even if they don't have to report to their employer.
Out-of-State Misdemeanors
Nursing boards generally require that nurses report all misdemeanor convictions, even those that occur in another state. The quirk is that some states only require nurses to report misdemeanor convictions that occur in other states if they're also a misdemeanor in the state in which you're licensed.
Why You Need a License Defense Attorney
When facing misdemeanor charges, a nurse may think that hiring a criminal defense attorney is enough. Criminal defense attorneys, while playing a crucial part in helping defend individuals, have a specific focus. Their job is to help their clients navigate the criminal justice system.
Just as nurses work in different areas of medicine, attorneys focus on different areas of the law. A professional license defense attorney knows the intricacies of licensing issues and boards, including navigating disciplinary issues.
License defense attorneys help people protect their careers. Their focus is on license issues, such as disciplinary action.
The Professional License Defense Team at the Lento Law Firm works exclusively with professional licensing issues. We help our clients protect their careers.
Types of Misdemeanors
Unlike felonies, state boards of nursing are less consistent in when and how a misdemeanor must be reported. The type of misdemeanor can affect when and how a nurse must report.
When nurses are renewing their licenses in Texas, they must report any and all misdemeanors. The one exception is minor traffic offenses.
Utah has a chart that it uses as a starting point for handling disciplinary actions with criminal convictions. The chart lists various charges along with the length of time since the conviction. The state uses a color-coded ranking system of proceed, review, and prohibited for whether to grant someone a license.
In Utah, domestic violence and DUI convictions are both in the proceed category. A conviction of animal cruelty should be reviewed if it occurred in the past four years but shouldn't be used to deny a license for convictions that occurred more than five years ago.
Utah does caution, however, that this chart is a starting point. Each applicant and conviction is unique. The facts of a case, along with patterns of behavior, may either justify an applicant's actions or suggest a review of an applicant's criminal history is necessary.
Practice-Related Misdemeanors
Misdemeanors that could be considered to reflect on a nurse's ability to provide care are more likely to be used to either deny a license or require a nurse to go through the disciplinary process. If a misdemeanor is one that could be classified as involving moral turpitude, it is more likely to involve disciplinary action, up to and including a nurse's license.
Virginia defines misdemeanors that involve lying, cheating, or stealing as crimes that relate to moral turpitude. Specific crimes that involve moral turpitude:
- Reporting false information to the police
- Shoplifting
- Welfare fraud
- Embezzlement
- Writing worthless checks
This isn't a comprehensive list, and other jurisdictions may have a different definition of crimes that involve moral turpitude.
Misdemeanors and the Initial Application
States generally require nursing applicants to provide their criminal history as part of a background check. One reason for this is nurses hold a unique place in society, and ensuring the public trusts them is important.
Nurses see people at some of their most vulnerable moments, including when patients are unconscious or comatose. Trust is one of the most important intangible assets a nurse can have, which is why state boards of nursing limit the ability of individuals with criminal histories to practice.
Nurses may or may not have to disclose a misdemeanor conviction on their application. Not disclosing when required to, however, may land an applicant in trouble, up to and including banning them from a nursing license.
Nevada considers failing to disclose a previous misdemeanor on an application to be a fraudulent action. What applicants in Nevada must do, and this is a common practice, is:
- Provide an explanation for any criminal conviction, felony or misdemeanor
- Provide relevant documents, including court orders or proof of satisfying sentencing, such as proof of paying fines
If you're applying for your nursing license and have a misdemeanor conviction as part of your criminal history, the Professional License Defense Team at the Lento Law Firm can help. We assist our clients in understanding their options.
Evaluating Criminal History
Nevada considers each applicant's criminal history on a case-by-case basis, and the facts of the case are crucial. The state also allows board staff to approve an application when an applicant:
- An applicant had a single felony conviction more than a decade age
- The crime committed didn't involve moral turpitude, or relate to the qualifications, functions, and duties required for nursing
Dismissed Charges, Expunged Records, and Diversion Programs
Depending on the state, nurses may still need to report charges that were dismissed, expunged records, and participation in any court diversion programs. Convictions generally include plea deals and no-contest pleas. The conviction or charges in question can also influence a nurse's responsibility to report.
Oregon requires nurses to report all felony and misdemeanor convictions. The state also requires nurses to report any participation in court diversion programs or if the charges were dismissed. This is the case even when a nurse has completed the requirements of the diversion program.
Minnesota requires applicants and nurses to report all charges or convictions that were:
- Pardoned
- Dismissed
- Stayed
- Deferred
The state doesn't require disclosure of petty misdemeanors or ordinance violations. In Minnesota, a petty misdemeanor isn't a crime but does violate Minnesota law. The maximum sentence is a fine of $300.
California requires nurses to report their criminal history, including expunged convictions. The state has a law that requires disclosure of all convictions when seeking a professional license in the state.
Misdemeanors and License Renewal
Reporting requirements for a misdemeanor conviction vary state-by-state. Some states may require nurses to report within a certain time period, while others don't require a report until license renewal. For some misdemeanors, such as minor traffic offenses, nurses won't be required to report at all.
Florida requires that all nurses report a criminal conviction within 30 days.
Kentucky requires all criminal convictions, including misdemeanors, to be reported within 90 days of the judgment. This includes out-of-state convictions, and any disciplinary action taken by another state board of nursing must be reported within 30 days.
Kentucky doesn't require reporting traffic offenses. The exception is if a traffic offense involves drugs or alcohol.
Wisconsin requires that nurses report all convictions, including misdemeanors, within 48 hours of the conviction. Nurses must report all convictions, both in Wisconsin and other states.
Illinois, for example, requires that nurses must disclose all misdemeanors. Certain misdemeanors, however, won't be considered when deciding if an applicant is qualified for a professional license. These include:
- Cannabis possession or sale
- Traffic offenses other than DUIs and reckless homicide
- Trespass
- Vandalism
Misdemeanors that Illinois will consider as potentially affecting a nurse's ability to work in the profession are those that involve dishonesty or would directly relate to a nurse's job.
Letter of Explanation and Documentation
Nurses are often expected to include an explanation of any criminal convictions. Kentucky refers to this as a letter of explanation.
A letter of explanation should include a summary of events. Nurses can tell their side of the story, including facts that put events into context or help explain a nurse's actions. In short, nurses should make sure to include any mitigating factors in this letter.
Reporting Requirements Example: New York
In New York, courts may inform the New York State Education Department, which includes the Office of the Professions, of any nurse convicted of a crime. Nurses in New York still have a duty to report any criminal conviction.
Both applicants and nurses renewing their applications must report all criminal convictions and disciplinary action taken against them. This covers not just New York but everywhere.
For example, a nurse licensed in New York is also licensed in West Virginia. That nurse was convicted of a misdemeanor in West Virginia and subjected to disciplinary action by the West Virginia Board of Registered Nurses. When renewing their license in New York, this nurse must disclose both the criminal conviction and disciplinary action.
New York requires nurses to answer a series of questions as part of the initial application or renewal process. These questions relate to the nurse's criminal history, including any pending cases or disciplinary action.
Case-by-Case Determination
Some states have hard-and-fast rules about what felonies or misdemeanors are disqualifying or otherwise may subject a nurse to disciplinary action. Others adopt a case-by-case viewpoint, meaning that the specific facts and circumstances surrounding a criminal conviction must be considered.
The Ohio Board of Nursing lists non-exclusive factors to consider when an applicant has a criminal history:
- Has the applicant made restitution?
- Has the applicant completed probation or otherwise been rehabilitated?
- When did the offense occur?
- What are the relevant facts and circumstances about the offense?
- What is the applicant's total number of offenses?
- Does the applicant's criminal history indicate any pattern of offenses?
Even if Ohio grants the license, they may limit when and how a nurse may practice.
Again, these questions aren't exclusive but can be a useful starting point when navigating the application process.
Marijuana Misdemeanors
One of the evolving areas of law is marijuana legalization. States have widely different laws, from allowing all use of marijuana and medical marijuana to prohibiting all use of marijuana. Nurses should proceed carefully on this topic, even if they are smoking off-the-clock and in a state where it is legal to use or possess marijuana.
Illinois requires nurses to report any convictions related to marijuana possession or sale. The state will not, however, use that when determining if a nurse is qualified to work in the state.
Alabama may deny, revoke, or suspend any license when a nurse is using drugs and it interferes with their ability to perform their job. Nurses may also be subjected to disciplinary action.
If you have a misdemeanor marijuana conviction, contact the Professional License Defense Team at the Lento Law Firm. This remains an evolving area of law, and we keep up-to-date on how the law changes for our clients.
Complaint Process
Each state board of nursing creates and revises its rules for the disciplinary process in that state. The Professional License Defense Team at the Lento Law Firm Team helps our clients understand how a state's board of nursing will handle their misdemeanor conviction.
Most states use similar steps when handling allegations of misconduct, including misdemeanor charges and convictions.
In a disciplinary proceeding, the general steps are:
- Initial review
- Investigation
- Formal charges
- Outcome
- Appeals
Complaint
The initial complaint can come from anyone. For misdemeanors, when a nurse has to report, the charges or convictions vary. Some misdemeanors don't require reporting. Others do. In some cases, even when a nurse isn't convicted, they may still be required to report an incident to the nursing board.
The Professional License Defense Team at the Lento Law Firm helps our clients know when they need to report a misdemeanor or misconduct. Failure to report when required can lead to potential disciplinary issues.
Initial Review
The board will review the complaint to decide whether to investigate. A board may also consider if the alleged misconduct is something that falls under the board's responsibility to investigate.
Investigation
If the board decides an investigation is needed, the next step is for the board to examine the allegations against the nurse. These investigations often last months. Depending on the misdemeanor involved and the state in which a nurse is licensed, an investigation may be more of a formality.
Formal Charges
Following an investigation, a nursing board may determine that a nurse should face disciplinary action. This can happen in multiple ways:
Settlement Conferences
Similar to mediation, a settlement conference involves representatives from the licensing board meeting with a nurse and their legal counsel. The two sides will review the charges against the nurse and seek a resolution. If the two sides can agree, they will craft an agreement.
Administrative Hearing
These are similar to a traditional courtroom trial with a neutral third party overseeing the proceedings. Both sides will present their evidence and call witnesses. The third-party decides what disciplinary action, if any, to take against a nurse.
Alternative-to-discipline
A nurse avoids disciplinary action in favor of a rehabilitation or remediation program. This option is especially popular for nurses who are dealing with substance abuse issues.
The shortcoming of alternative-to-discipline is that the requirements can place a heavy burden on nurses. The nurse is often forced to shoulder the majority of the costs, and these programs can last for years.
Potential Outcomes
A nurse may be cleared of misconduct. If they are subjected to disciplinary action, these punishments can range from minor to major. Possible disciplinary actions include censure, fines, and restrictions on their ability to work as a nurse. Depending on the state and the severity of the punishment, these disciplinary actions may be included in a nurse's public record, and the public may be able to look them up.
Appeals
Nurses will often have the ability to appeal a decision in court. These hearings aren't new trials but instead reviews of the original hearings. Courts will generally not overturn a decision unless they identify a procedural error or incorrect interpretation of the law.
Protect Your Career and Your Future
Misdemeanors may be considered ‘minor' crimes, but they can have major implications on your life, your career, and your future. Nurses convicted of a misdemeanor may face disciplinary action that could damage their career.
When facing criminal charges and convictions and how they can affect your career, there's no such thing as a minor crime. They can affect your reputation and result in disciplinary action that can affect your career both now and in the future.
If you're a nurse who either has a misdemeanor conviction or is facing a misdemeanor charge, you need to protect your career. You've worked hard to become a nurse. The Professional License Defense Team at the Lento Law Firm can assist you in minimizing the fallout from a misdemeanor conviction.
We help our clients protect their careers, their futures, and their reputations. Call us at 888-535-3686 or fill out our online form.
