Is assault charge a bar to nursing?

4 posts · started Mar 20, 2010

Considering Nursing Mar 20, 2010, 6:44 PM
Hello everyone,

I am considering whether to try entering the nursing field. I have been reading posts regarding various convictions. However, I haven't seen anything that seems to fit my situation.

In 2001, I was arrested and charged (not convicted) with aggravated assault. (I am a security guard, and an extremely disgruntled customer claimed he was assaulted.) There was no conviction, only charges. The customer did not even show up for court.

The charge was supposedly expunged. I was later able to purchase firearms, which also requires a background check. However, I had to sue the Department of Safety to allow me a concealed carry permit. (This required proof of the expungement.) I point this out because this shows that, while I passed background checks, the Dept of Safety had problems (though a charge is not a disqualification).

I don't know how I would go about inquiring about this to a nursing program. Is there any way of determining in advance whether this charge will show up or disqualify me? Any help would be appreciated.
SoldierNurse Mar 21, 2010, 3:29 PM
Considering Nursing wrote:Hello everyone,

I am considering whether to try entering the nursing field. I have been reading posts regarding various convictions. However, I haven't seen anything that seems to fit my situation.

In 2001, I was arrested and charged (not convicted) with aggravated assault. (I am a security guard, and an extremely disgruntled customer claimed he was assaulted.) There was no conviction, only charges. The customer did not even show up for court.

The charge was supposedly expunged. I was later able to purchase firearms, which also requires a background check. However, I had to sue the Department of Safety to allow me a concealed carry permit. (This required proof of the expungement.) I point this out because this shows that, while I passed background checks, the Dept of Safety had problems (though a charge is not a disqualification).

I don't know how I would go about inquiring about this to a nursing program. Is there any way of determining in advance whether this charge will show up or disqualify me? Any help would be appreciated.
So, you have proof of expungement? If so, contact the Board of Nursing in your state and explain to them as you did on your post.
Considering Nursing Mar 22, 2010, 6:30 PM
I myself have a copy of the original judgement that shows where the judge ordered expungement. There should also be a court record of the decision of the judge when I sued the Dept of Safety, but I do not have a copy of that decision (not sure if that would be relevant or not).

So, one should simply write to the Nursing Board and ask them? Anyway, thanks for the reply.
trimedic37 Mar 22, 2010, 8:08 PM
Nursing boards are governed by the state and therefore subject to state law. Laws that disqualify nursing applicants can be found in the health and safety code for your state and are always "conviction" based and almost never "charged based". Aside from failing examination, the nursing board can only deny a license to an applicant that meets disqualifying criteria based on the health and safety code for that particular state. If you look at the state application it probably says "have you ever been "convicted" of a crime or are currently in litigation? Not have you ever been "charged" with a crime. The reason is that they cannot deny license for charges unless it is an on going case in which there is a possibility you could be convicted. Nursing boards are subject to state law and have to function accordingly. If your case has been dropped and you have no conviction then you are clear to pursue a nursing career.