Ask A Nurse: I Was Arrested, Can I Become A Nurse?

Whether an arrest blocks you from nursing depends on the nature of the offense, whether you were convicted, and several other factors. Not all offenses carry the same weight. Some convictions can bar you from a license, but most do not end a nursing career. Knowing your state's laws and following the review process puts you in the best position to get into school and practice afterward.

Here is how different convictions can affect nursing school, licensure, and employment.

How a Conviction Affects Getting a License

Most employers run a pre-employment criminal background check, and licensing is no exception. Even after a school accepts you, your state board may not grant a license. Most boards of nursing (BONs) require fingerprints and run state and federal background checks.

You must disclose misdemeanor and felony convictions on your application. Depending on how the questions are worded, this can include crimes with a suspended sentence where you completed probation and your record is closed.

You may need to supplement the application with records of the offense: official court documents showing the date and circumstances of the arrest, any disciplinary action, the final disposition, and completion of sentencing. Get certified court documents from the Clerk of Courts in the county of conviction; arrest records come from your state or local law enforcement for a fee.

Include a personal letter of explanation to the board. Introduce and describe the issue, state your position, address concerns the board might raise, and provide evidence of positive changes in your life.

Boards review applicants with criminal backgrounds case by case. Some states request an interview or informal conference. The type of misdemeanor or felony heavily influences the outcome, and ultimately your board reserves the right to deny the license.

Common misdemeanors include DUI, simple assault or battery, possession of controlled substances, some cybercrimes like bullying or stalking, petty theft and shoplifting, vandalism, trespassing, minor sex crimes such as indecent exposure and prostitution, and resisting arrest.

Common felonies include drug crimes (trafficking, possession with intent, distribution, money laundering, manufacturing), violent crimes (murder, manslaughter, aggravated assault), grand theft, and sex crimes such as sexual assault or child molestation.

What Charges Can Stop You

Certain convictions are grounds for denying a license. Laws vary, so check your state BON for the offenses that affect your application. Some boards automatically disqualify candidates with specific offenses; others review case by case.

Florida's Nurse Practice Act, for example, lists offenses that automatically derail a nursing career: forcible felonies (murder, treason, voluntary manslaughter, manslaughter, kidnapping, assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, false imprisonment, aggravated arson), sex-related offenses such as prostitution, incest, and pornography, controlled substance crimes, theft and robbery, fraudulent practices, abuse or neglect of a child or vulnerable adult, and indecent exposure or lewdness.

All Convictions Must Be Disclosed, but Not All Are Equal

Every conviction has to be disclosed on an RN or LPN application, but disclosure alone does not automatically bar you. Depending on state law and the nature of the crime, you may still be licensed.

A few states, including New York, do not require further state-level background screening for nurses. Background checks are still mandatory to sit for the NCLEX, which you need to practice.

The Utah Division of Professional Licensing publishes clear guidelines on how criminal history factors into licensing decisions:

Nature and seriousness. In Utah, a burglary conviction within 10 years means no license. A DUI, even from the month before you apply, gets a review rather than an automatic denial.

Time elapsed. A more recent crime can count against you. In Utah, failing to stop at the command of law enforcement triggers a BON review if it happened within a year of applying, but not after a year. A shoplifting conviction, though, triggers a review even after five years.

Age at the time. Offenses committed as a juvenile are often sealed or expunged by adulthood. Twenty-four states automatically expunge or seal certain juvenile convictions. In Texas, if a minor shows remorse or a lack of premeditation, the offense may be treated as a youthful indiscretion, and you can move forward.

Expunged, Sealed, Vacated, or Reversed Convictions

These may not affect your application, depending on state law. As of March 2024, 17 states plus Washington, D.C., let courts expunge felonies under certain conditions; a handful deny courts any authority to expunge, seal, or vacate an adult conviction.

Expungement legally removes or dismisses a conviction or arrest from your record. In states with an expungement law, you generally do not have to disclose an expunged offense. Consult an attorney to pursue one.

A sealed record removes the conviction from public view but keeps it accessible by court order, with specific criteria that vary by state.

Vacating a conviction sets aside the verdict and nullifies the judgment, as if the trial never happened. It does not end the case; prosecutors can retry unless it was vacated for insufficient evidence.

A conviction is reversed when a court of appeals rules a lower court's judgment was wrong. The lower court then dismisses the original verdict and retries the case.

The system tends to be more lenient with juveniles, but some states still require you to disclose minor-related expunged or sealed convictions when applying for a professional license. Check your BON to understand how it applies to you.

Expungement requires legal counsel familiar with your state's laws. The process varies, but common steps are: disclose your record to your state board of registered nursing, since withholding it can be grounds for denial; provide a supplemental letter to the board once the record is expunged; and offer a letter of rehabilitation showing the steps you have taken toward self-improvement, including counseling, recovery, or rehabilitation programs, plus any letters of recommendation or employer evaluations.

Criminal Charges and Nursing School

A prior conviction can affect your enrollment. Some schools run background checks; others do not. The University of Pennsylvania School of Nursing, for instance, requires an extensive check: a state criminal record check, a nationwide sex offender search, FBI fingerprinting, and state child abuse clearance.

To improve your odds, research schools and their requirements, contact admissions, and review the website to see how they handle specific charges. Your state BON or health department can help too. Most programs involve background checks, and you may need to supplement your application with official court records and a letter of explanation. Include documented evidence of completed counseling or treatment, recommendations from probation officers or support group sponsors, and proof of community service or self-improvement programs.

Understanding Your Options

Advocate for yourself and document genuine efforts at self-improvement. Every situation tells its own story, and everyone deserves a chance to be reevaluated. To understand how your record affects your path, research the school you are applying to, contact your state board, and reach out to your health department and your state's education department.

The bottom line: you can qualify to be a nurse even with an arrest record, but the specifics depend on your state, the offense, and other factors. Some convictions, including those expunged, sealed, vacated, or reversed, won't affect your license or application. Getting a conviction expunged means consulting an attorney. Start with the school, your state board, your health department, or your state's education department to see how your record may affect you.