Being a Nurse with Felony Convictions: What to Know

Being a Nurse with Felony Convictions: What to Know

Becoming a nurse in California requires passing strict checks. But having felony convictions can create problems, especially when applying for or keeping a nursing license. If you've already completed a nursing program, the next step often involves a criminal background check. That’s where many people start to worry. A felony doesn’t always end your chance to work in the nursing profession, but it will raise questions that must be answered carefully.

Hurwitz Law Group Los Angeles Criminal Defense Attorney helps nurses who are facing criminal charges, already have a criminal record, or want to clear their criminal history. If you're unsure how a felony could affect your license or if you're already dealing with the state board, we can guide you through the legal process. We know how to handle these issues and protect your future in the healthcare field.

Table of Contents

Can You Be a Nurse With a Felony in California?

Having a felony conviction doesn't always mean you can't become a nurse. The board of nursing looks at every case carefully before making a decision. Your history, honesty, and proof of change all matter.

Role of the California Board of Registered Nursing (BRN)

The California Board of Registered Nursing (BRN) is responsible for reviewing every application for a nursing license, especially when an applicant has a criminal history. The BRN checks your criminal background and decides if your past actions could put patients at risk or affect your ability to work safely in the nursing profession.

They follow state laws and review each case on a case by case basis, focusing on public safety and professional standards. If the board believes your criminal record includes serious or repeated offenses, they may deny or delay your license or take further steps.

Difference Between Applying With a Felony vs. Getting One While Licensed

Situation

Key Difference

Risk Level

Applying With a Felony

BRN will review your criminal background check and decide before issuing a license.

Moderate to High

Getting a Felony While Licensed

The BRN may open a disciplinary case, which could lead to suspension or revocation.

High – license at risk

Felonies That May Automatically Disqualify You

Some felony charges may block you from becoming a nurse right away. These often involve sexual assault, elder abuse, or crimes against vulnerable populations. Any criminal offenses that show dishonesty, violence, or risk to patients can be major red flags.

The licensing board looks closely at these situations. In some cases, state board rules or a federal office decision may say you can’t work in any job that serves the public. Even then, each case is still reviewed on a case by case basis.

Types of Felony Convictions That Raise Concerns

Types of Felony Convictions That Raise Concerns

Some types of felonies can cause more trouble than others. The board of nursing looks at these closely to decide if someone should be allowed to work in the nursing profession.

Crimes Involving Violence or Harm to Others

Felonies like aggravated assault, battery, or other violent crimes raise serious concerns. These crimes suggest a risk to patient safety. The state board is strict about protecting people in hospitals and clinics. Nurses care for the weak and the sick, and trust is key. If a criminal history shows violence, the licensing board may see it as a reason to deny or revoke a nursing license.

Sex Offenses and Crimes Requiring Registration

If your criminal record includes a sex offense or a crime that requires you to register as a sex offender, the board of nursing will likely consider that a serious risk to public safety and deny your application. These types of crimes often involve vulnerable populations, which makes it difficult for the licensing board to approve your nursing license.

Even if the offense happened years ago, the fact that you’re listed on a public registry may still be viewed as a major concern. In most cases, such convictions lead to automatic disqualification without further review.

Drug-Related Felonies

Some drug offenses may lead to license denial, especially if the case involved dealing or using while on the job. If your criminal record includes drugs, the board will ask for proof that you’ve changed. Showing a clean record, rehabilitation programs, and a plan to avoid future use helps.

Without that, your right to practice nursing could be denied. Every case depends on the facts and your steps after the charge.

Crimes of Moral Turpitude

These are crimes that show dishonesty or bad moral judgment. Examples include fraud, theft, and forgery. The board of nursing looks at these carefully because trust is a big part of the job. Nurses have access to patient records, medications, and private information.

If your criminal background includes fraud or theft, the state board may see that as a serious problem.

Factors the BRN Considers Before Granting or Revoking a License

The BRN reviews every case with care. They don’t just look at the charge. They look at the full picture, including your effort to change.

Whether the Felony Is Substantially Related to Nursing Duties

The board checks if the crime connects to the duties of a nurse. For example, if someone has a felony for abusing a patient, the board may deny or revoke the license right away. If the offense happened outside of work and didn’t involve the nursing profession, they may consider letting you keep or apply for your nursing license. Every situation is judged separately.

Evidence of Rehabilitation and Time Since Conviction

The more time that has passed since your conviction, the better your chances. The board of nursing looks for clear proof that you’ve changed. Community service, clean records, and counseling help. If you’ve stayed out of trouble and built a new path, that matters. The board will also consider any rehabilitation programs you’ve finished, especially if your felony was drug- or alcohol-related.

Completion of Sentence, Probation, or Parole

You must complete all parts of your sentence. That includes court orders, jail, probation, or parole. The board wants to see that you followed every rule set by the court. Without that, they may not consider your application. The criminal history record must also show that you met all conditions without violations. Official proof is often required.

Honesty and Full Disclosure on Applications or Renewals

One of the worst things you can do is lie on your application. If the state board finds out you hid something on your renewal or license application, that could lead to disciplinary action or denial. Always list your criminal charges truthfully.

If you’ve changed, show it. But don’t leave it out. Honesty plays a critical role in gaining trust with the board of nursing.

How to Strengthen Your Application With a Felony Record

How to Strengthen Your Application With a Felony Record

You can still apply to be a nurse if you’ve had felony problems, but you’ll need to work harder. The goal is to show growth and proof of change.

Gather Court Documents and Proof of Case Resolution

Start by collecting all your official records. These include court rulings, case outcomes, and paperwork that shows your sentence is complete. This helps the licensing board confirm that your case is closed and that you met all legal steps. It also shows that you are ready to move forward in your nursing career with honesty.

Write a Personal Statement and Rehabilitation Narrative

This is your chance to speak directly to the nursing board. Explain what happened, what you’ve done since, and why you want to return to or enter the nursing profession. Keep the focus on how you've changed and how you plan to follow all state laws and work safely with others. This statement can make a big difference.

Collect Letters of Recommendation and Employment History

Gather letters from people who trust you -- bosses, coworkers, mentors, or teachers. These letters help the board understand your current life. Include your employment history, especially jobs in healthcare or service. The board wants to see responsibility, honesty, and growth. Strong references support your case.

Demonstrate a Commitment to Recovery, Especially in Drug or Alcohol Cases

If your felony involved drug offenses or other substances, you must show that recovery is part of your life now. That could mean treatment, rehabilitation programs, or support groups. If you’ve stayed clean and kept records, show them. This helps the board see that you're safe to work again.

Already a Nurse? What Happens After a Felony Conviction

If you’re already licensed and face a felony, the steps are different. The nursing board will want answers fast.

Mandatory Reporting to the BRN

If you are convicted of a felony while licensed, you must report it to the board of nursing right away. Waiting too long or hiding the charge may lead to stronger penalties. The board checks criminal background often, so they will find out. Reporting it yourself shows honesty and respect for the rules.

Possible Disciplinary Action: Suspension, Probation, or Revocation

The board may choose to place you on probation, suspend your license, or revoke it completely. The outcome depends on your criminal record, how serious the crime was, and how you respond. The state board also checks for past issues, even a misdemeanor from years ago. Every case is different.

Options to Defend or Appeal Disciplinary Charges

You have the right to defend your license. That means responding to any letters, showing proof of rehabilitation, and attending hearings. You can also seek legal counsel to help present your case. If your criminal charges were unfair or if you’ve shown real change, there may be a chance to keep your nursing license.

Expungement and Its Role in Nursing Licensure

Many nurses ask if clearing their record will help. Expungement can help, but it doesn’t erase everything.

Can Expunged Felonies Still Affect Your License?

Yes. Even with an expunged offense, the board of nursing will still see your criminal record. The background check will show that the conviction was dismissed, but it doesn’t erase it from your license file. You’ll still need to explain the case.

What Expungement Does and Does Not Do

Expungement means the court has dismissed your conviction after you completed your sentence. This helps when applying for jobs or housing, and it shows progress. But the state board still has access to your full criminal background check.

You must still report the case on your nursing license application or renewal. If the board finds out you didn’t report it, even if it’s expunged, it can lead to disciplinary action. Expungement helps, but it does not guarantee license approval.

How to File for Expungement in California

  1. Complete Your Sentence – You must finish jail, probation, or any court order before applying.
  2. Get a Copy of Your Records – Request your official records from the courthouse.
  3. Fill Out the Forms – Use California’s expungement forms to request dismissal of your conviction.
  4. Submit to the Court – Turn in all forms to the court where your case was handled.
  5. Attend the Hearing – In some cases, the judge may require a hearing. Be ready with your story.
  6. Keep Proof – After approval, keep copies of your expungement for the licensing board.

How a License Defense Attorney Can Help

How a License Defense Attorney Can Help

Having legal counsel helps at every step. The right help can protect your career.

Help With BRN Applications and Responses

If you're applying with a criminal record, a lawyer can help you prepare the right documents. They can also respond to letters or questions from the board of nursing. Getting things right the first time saves time and stress.

Defending You in Accusation or Hearing Processes

If the nursing board files charges or opens a case, a lawyer can help defend you. They understand the legal process, how to explain your case, and how to protect your rights. These cases often involve hearings and legal terms that are hard to handle alone.

Building a Strong Case for Rehabilitation and Licensing Approval

A good defense lawyer will help you show the board that you've changed. That may include writing letters, organizing proof, and preparing your rehabilitation programs. They help make sure the licensing board sees you as someone who deserves a second chance.

FAQs

1. Can I get into nursing school if I have a criminal record?

Yes, it is possible to get into nursing school, but each program is different. Some educational institutions will deny entry for certain offenses, while others may allow you to enroll but warn you that specific criminal charges might block your license later.

2. Will a criminal history check stop me from becoming a nurse?

A criminal history check is part of every license application. The results will show both felonies and misdemeanor offenses. The state level board will then decide if you are still fit to be a nurse, often based on your efforts to change and how long ago the offense happened.

3. Are licensing rules the same in all states?

No. Many states have different rules when it comes to background checks, felony review, and license approval. What works in California may not apply in other states, so it’s important to check each state’s rules before applying.

4. Are all charges treated the same when applying for a license?

No. The licensing board looks at certain types of crimes more closely like those involving violence, theft, or drugs. Each case is reviewed on an individual basis, and the outcome depends on your record, your honesty, and what you’ve done to improve your life.

5. Will federal agencies like the Inspector General impact my license?

Yes, in some cases. If the Inspector General has flagged you for fraud, abuse, or serious violations, that may affect your ability to work in federal programs or get licensed. This can make it harder to get or keep a nursing license, especially if you plan to work in facilities tied to government funding.

Let Our Los Angeles Criminal Lawyer Help You

Let Our Los Angeles Criminal Lawyer Help You

If you're facing a criminal conviction and want to become a nurse (or keep your nursing license) you don’t have to go through it alone. The state board takes these cases seriously, and even a small mistake can make a big difference. That’s why getting help early matters.

Hurwitz Law Group Los Angeles Criminal Defense Attorney works with nurses every day. We help with criminal charges, license defense, and board of nursing investigations. Whether you’re applying for a new license or trying to save the one you have, we’re ready to fight for you.

Let us help protect your nursing career and your future. Call us now to talk to an attorney who understands your case and knows how to help.

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