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Do I need to disclose an expunged misdemeanor for my nursing license application?

Do I need to disclose an expunged misdemeanor for my nursing license application?

Full question:

Applying for a Massachusetts Nursing License, on the form it asks, 'Have you ever been conviceted of a felony or misdemeanor in the U.S or any other country?' Ten years ago I had a shoplifting-misdemeanor charge expunged in the state of RI. Do I need to disclose this?

Category: Criminal
Subcategory: Expungement of Criminal Records
Date: 04/07/2025
State: Massachusetts

Answer:

If you have had a misdemeanor charge expunged in Rhode Island, you can state that you have never been convicted of a crime. According to Rhode Island law (R.I. Gen. Laws § 12-1.3-4), when a record is expunged, it releases you from all penalties related to that conviction. This means you are not required to disclose the expunged conviction on applications for employment, licenses, or other civil rights, including your nursing license application.

However, if you apply for specific positions, such as in law enforcement or the legal field, you must disclose any expunged convictions. Since you are applying for a nursing license, you can confidently answer that you have not been convicted of a crime.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the background check for nurses in Massachusetts?

In Massachusetts, the background check for nurses involves a review of criminal history, including any felonies and misdemeanors. The Board of Registration in Nursing requires applicants to submit fingerprints for a criminal background check through the Massachusetts Criminal History Systems Board and the FBI. This check helps ensure that nursing professionals meet the standards of conduct required for licensure. Certain offenses may impact your eligibility, but expunged records do not need to be disclosed as per Massachusetts law.

What crimes can be expunged in MA?

In Massachusetts, certain misdemeanors and felonies can be expunged, particularly if they are not violent crimes or if they do not involve a sexual offense. Commonly expunged offenses include some drug-related charges, larceny, and other non-violent misdemeanors. However, serious offenses, such as murder or sexual crimes, cannot be expunged. It's essential to consult with a legal professional to understand your specific situation and eligibility for expungement.

How do I know if my nursing license is under investigation?

To find out if your nursing license is under investigation in Massachusetts, you can contact the Board of Registration in Nursing directly. They can provide information about any ongoing investigations or disciplinary actions related to your license. Additionally, you may receive a formal notification if an investigation is initiated against you. It's important to stay informed to address any issues promptly.

Does your criminal record clear after 7 years in the USA?

In the USA, the clearing of a criminal record after seven years depends on the type of offense and state laws. Some states have laws that allow certain misdemeanors to be expunged after a specific period, often around seven years, while others may have different timeframes or conditions. However, serious crimes, such as felonies, typically remain on your record unless expunged. Always check your state's specific laws for accurate information.

Can you be a nurse in Massachusetts with a felony?

In Massachusetts, having a felony conviction does not automatically disqualify you from becoming a nurse. However, the nature of the felony and the time elapsed since the conviction will be considered during the licensure process. You must disclose any felony convictions on your application, and the Board of Registration in Nursing will evaluate your case to determine your eligibility based on factors like rehabilitation and the relevance of the offense to nursing practice.

What crimes can be expunged in Massachusetts?

In Massachusetts, certain crimes can be expunged, including some misdemeanors and non-violent felonies. Typically, offenses like shoplifting, drug possession, and other non-violent crimes may be eligible for expungement after a waiting period. However, serious offenses, particularly violent crimes or sexual offenses, cannot be expunged. It's advisable to consult with a legal expert to assess your eligibility for expungement based on your specific circumstances.