Legal Question in Criminal Law in California
misdemeanor conviction preventing employment
i plead no contest to unlawful sex w/minor 4 yrs ago. i completed a registered nursing program but have had my license application denied based on criminal history that is 'substantially related to the practice of nursing'. i am in the process of appealing but don't know my rights. is pleading no contest the same as a conviction for california penal code 261.5(d). i thought i was told it was a misdemeanor not a felony. i had only 3 years prob w/no contact w/minor. what can i do to get past this?
3 Answers from Attorneys
Re: misdemeanor conviction preventing employment
No contest is the same as a conviction if it resulted in a finding of guilt, as it appears was the case. Even if you get the conviction expunged you must still disclose it on a nursing application.
Re: misdemeanor conviction preventing employment
A no-contest plea is essentially the same as a guilty plea, though there are some minor differences. The most significant difference is that a no-contest plea cannot be used in a civil trial as proof that the defendant committed the crime.
Unlawful sex with a minor (which is called statutory rape in most states) can be a misdemeanor or a felony depending upon the ages of those involved. In many instances it can be charged either way at the prosecutor's discretion.
Re: misdemeanor conviction preventing employment
"get past it"?
You pled to a charge that is supposed to prevent you from employment in any industry where you have contact with minors. That is exactly what the Nursing board has told you. If you can somehow convince the board to change their decision and grant you a license, maybe with restrictions, then you could work. Get a good attorney to help you in that process. You need to also seek other employment where the conviction won't bar you. Feel free to contact me if interested in getting proper help.
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