The first thing to bear in mind if you have been arrested is that it is not the same as being convicted. While you are considered innocent until proven guilty in the criminal case, the Board of Nursing inquiry begins with the arrest itself. This means that even if your criminal case is dismissed, you still have an obligation to report the arrest to the Board.
If you are arrested, you are only under suspicion of having committed a crime. In the criminal case, you must be charged and convicted before you have a criminal record. A key distinction between the criminal case and the Board of Nursing case is that a conviction is not necessary for there to be a “record” with the Board of Nursing. One of the biggest misconceptions is that Georgia’s First Offender Act does not protect you from Board action. Because of this, you should hire an experienced professional license defense attorney like Adam D. Brown to co-counsel with your criminal defense attorney.
Ultimately, even if you were arrested in the recent past, you can still become a nurse if you take steps to demonstrate that you are a trustworthy and dedicated person who should be accepted into the nursing profession and that you are fit to practice nursing with reasonable skill and safety despite the prior arrest.
There are several situations where a criminal arrest can bar you from being licensed as a nurse. If you believe you might be denied licensure, you should contact an experienced Board of Nursing lawyer to discuss ways to improve your chance of becoming licensed.
Like with many job applications, applying to nursing school or for a nursing license requires a criminal background check. It is important to recognize that there is a distinction between a “conviction” and a “disposition.” There are times when you might resolve a criminal matter without being convicted, such as in First Offender Act sentences, Conditional Discharge sentences, or certain pretrial diversion programs. In these types of dispositions, even though you are not “convicted,” the Georgia Board of Nursing will still treat the disposition as if a conviction occurred. O.C.G.A. 43-1-19(a)(4) provides the Board of Nursing with the authority to sanction a license despite those special types of non-conviction outcomes.
Licensed practical nurses (LPNs), registered nurses (RNs), and advanced practice registered nurses (APRNs) work in different settings, including hospitals, clinics, nursing homes, and extended care facilities. However, they are all regulated by the nursing board in Georgia, which is charged with protecting the public’s safety.
If an arrest, disposition, or criminal conviction shows up on a background check, the relevant authorities will need to investigate further before approving your application, whether it is an initial application for licensure, renewal application, or petition for reinstatement. Misdemeanor convictions (such as shoplifting or DUI) generally create fewer serious complications than felonies (such as sexual assault or serious drug crimes) but all arrests and dispositions (whether a conviction occurs or not) will need to be explained to stand a chance of becoming or remaining a nurse.
If you answer “yes” to questions about criminal arrests, dispositions, or on your application, you will be expected to provide further information in a document called a “letter of explanation,” which also requires additional relevant court documents. An interview may be necessary to explain more about the arrest and criminal case outcome.
How seriously this affects your application will depend on the nature of the arrest, and outcome and when they occurred. In some instances, the Board of Nursing may require you to undergo a Mental & Physical Evaluation, and the Board’s decision may be heavily influenced by the findings of that evaluation.
