Legal Question in Employment Law in California

Can you get an RN license if you have a drug charge on your record?


Asked on 10/13/10, 3:36 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

That is up to the licensing agency, in their discretion, based upon a review of all the facts and evidence. Probably not.

You can consider getting it expunged. It would help in getting other employment for the rest of your life. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

Read more
Answered on 10/18/10, 4:08 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California