Hello, I am wondering if anyone can reassure me that I will be able to get my RN license in GA. I am currently starting my senior year of Nursing school, and am an honor student (I was chosen as student of the year at my school for 2008). I have a misdemeanor marijuana possession conviction from 13 years ago..I was young and stupid, and with the wrong crowd. I was accepted into nursing school and was told everything would probably be ok since the conviction was so many years ago. Of course my drug test was clean, and would be for any one who wanted to test me at any time. I can't help but worry that the state of GA will deny my application for licensure because of this...it is so embarassing...none of my classmates know and they would never believe it! Does anyone have any advice or insight? Georgia does not allow expungement of convictions of any type no matter how old, and I am stuck with this humiliating problem forever.
Jennifer
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June 21st, 2008 at 12:23 pm
J,
Several general (likely helpful) thoughts:
1. As I look at all the questions on the left hand side of this page, two stand out: DUI’s and misdemeanors from the past. Folks want to know if they’ll be dinged for current or past offenses.
2. It’s clear that each State Board of Nursing is unique. Each does things a bit differently. So the only way to know the truth is to make a bunch a phone calls to your state board. Good luck, though, in getting them to return your phone calls.
3. My guess is that you’re okay. I can’t base that on facts, other than these issues (DUI and past misdemeanors) are so murky. There are no clear guidelines that I’ve seen, anywhere.
4. Here is my last, unproven thought: I can’t imagine that the databases of Georgia are that integrated. That is, that your misdemeanor from 13 years ago can be connected to your application for your license. Obviously, the data of your conviction exists somewhere, but I doubt that Georgia will pull up those records in the process of giving you your license.
However, I would NOT lie about your misdemeanor. If at some point, you are ever asked on an application or some other form about past convictions, tell the truth. It’s better to deal with current reality than to live in the shadow of being found out.
In short, I think you’re in good shape.
June 21st, 2008 at 1:36 pm
Here are the Georgia Board of Nursing Guidelines as they pertain to violation of controlled substance. Here is what it says:
“IV. Violation of the Controlled Substance Act/ Substance Related Disorders
“The Board reviews any arrest related to a violation of the Georgia Controlled Substances Act with great concern. For example, an arrest for possession for marijuana or cocaine may cause the Board to suspect a substance abuse disorder and possible impairment of the ability to practice nursing with reasonable skill and safety. In such cases, the Board is authorized by law to order the applicant or licensee to submit to a mental/physical evaluation. The diagnosis of a substance related disorder could result in the Board denying licensure or in offering an applicant a Consent Order with a restricted license and probation. Such a diagnosis may also be the basis for license suspension or revocation.
“Felony convictions involving controlled substances and marijuana result in mandatory suspension or revocation of an individual’s license under O.C.G.A. § 16-13-111, as mentioned above. In all cases, the Board reviews the ability of the applicant to practice nursing safely.
“The Georgia Board of Nursing has a long and extensive history of promoting programs for nurses in recovery. The primary responsibility of the Board is to protect the public, but the Board is also committed to promoting the welfare of nurses. There are multiple resources to assist faculty and students in obtaining treatment for substance abuse in Georgia. The Board of Nursing supports all programs for nurses in recovery, including the Georgia Nurse Advocate Program,
supported by the Georgia Nurses Association (GNA).
“The Nurse Advocate Program has support groups and Nurse Advocates in most regions of this state. The main number for GNA is 404-325-5536, ext. 100 or 1-800-324-0462.
“The current Nurse Practice Act, law, and rules can be found at http://www.sos.state.ga.us/plb/rn
Like Dave said, if the issue does come up, be upfront about your past problem, and don’t shy away from evaluation to demonstrate your current health and ability to care for patients.
Best of luck.
Melissa
June 21st, 2008 at 2:10 pm
Thank you both so much. I will call the state board on Monday and post whatever I learn. I am praying that a 13 year old offense will mean that I will be allowed a license without having to go through the process of a mental/physical exam. At least I know that if I am required, they will find that I do not have any type of substance abuse disorder…and I will, hopefully, be allowed to pursue my dream of becoming an RN. At this point, I can hardly bear the thought of being denied, and I appreciate that you both took the time to help. Thank you!
June 23rd, 2008 at 8:36 am
People do things in younger years that does not mean they are always going to do them.
(Ask anyone who had a mullet)
You’ve been accepted by the nursing school seemingly in their full awareness of the misdemeanour.
If the board holds a 13 year old slap on the wrist against you for one off possession of MJ then they are probably hypocrites.
June 27th, 2008 at 1:53 pm
Just wanted to update you on what is happening. I called the GA Board of Nursing..they could only tell me to submit my application for review. Upset, I contacted the Nursing Director for my school. She reassured me that I would probably be ok, but might face a delay as the board reviewed my case. However, she urged me to contact an attorney again for help. The attorney advised me that I qualified for a pardon since my misdemeanor was so old! I have begun the proceedings, and am very hopeful! Thank you to all of you for helping to steer me in the right direction, and I will let you know how everything turns out.
July 1st, 2008 at 6:48 pm
I went through the same process of getting my nursing license with for a misdemeanor of providing alcohol to someone who was under the age of 21. I was barely 21 at the time and handed a beer to someone who was not 21 with some undercover officers around. My misdemeanor was much more current (about 3 years) from when I graduated nursing school. I had to submit my application for licensure and the Ohio Board of Nursing did do a more of a thorough job with my application…I had to submit a short essay describing my conviction along with a copy of my court records. From the point of passing the NCLEX, then submitting these extra papers I had my nursing license in less than two weeks! My tips…1-submit your application for licensure early then you can take care of any extras you need before you take the test. 2- I drove to my board of nursing to drop off the papers to ensure they would get them in a timely manner (I know this might not be realistic if you live far from your Board…) 3- BE PERSISTENT!!! I called the Board everyday to get updates. Good luck!
July 2nd, 2008 at 8:50 am
Did you have any problems with employment after you got your license? Do hospitals automatically discard your application if you list a misdemeanor? Even if I am granted a pardon, I will still have to list my conviction. Thanks!!!
July 17th, 2008 at 4:11 pm
I did not have a problem with employment. I was a tech where I became a nurse but I had marked my conviction when I first applied.
Just make sure you disclose everything!! I would contact the HR office of where you are applying to discuss their policies about misdemeanors and to tell them your story.
The judge I had when I was convicted told me that if I did not have any other convictions within a year I could get my misdemeanor completely off my record. I haven’t done that because it would cost too much for an attorney but you might want to look into that too (if you haven’t already).
Again, good luck and let me know what happens!
July 25th, 2008 at 4:50 pm
I think you got some good advice about this. I can only speak from what I’ve been tol by my school(a 2 year program in Texas), and they urge us to send in the forms to the BNE at the beginning of the program if we’ve had any kind of run-in with the law, no matter how long ago it was, (except maybe one routine traffic ticket..not a big deal, I guess), because they don’t want us wasting our time if we can’t get a license. I truly hope this isn’t the case for you, because I think life experiences can help people to become better nurses. The most important thing is to be honest with everything that happened and to do it before you get your license, because waiting to see if they figure it out after the fact looks like you are trying to hide something and that is really frown upon, and can result in getting your license revoked permanently (or with more expensive appeals necessary). I think I lawyer who specializes in this stuff (or maybe a faculty member who moonlights as a nurse legal consultant??) may be very helpful to you at this point. Good Luck!!!
July 30th, 2008 at 7:20 pm
Shouldn’t it bother someone that old irrelevant crap is stirred up by people who should know better in this profession? If someone is a real criminal, that’s one matter, but a misdemeanor from 13 years ago should be totally forgotten as though it never happened. After all, where in the penalty for that misdemeanor was it stated that you would have to wear it for life like a cattle brand? Don’t own it, and if that becomes a problem, leave nursing for a profession that doesn’t try to stink up your life with irrelevant crap from the distant past. If you claim to be a criminal of any kind on one form, you’ll wind up having to do the same on every similar form from then on. There are enough narrow minded people in the population for that to cause you big problems.
July 30th, 2008 at 10:17 pm
I don’t think that not disclosing information is a good idea at all. I don’t know about anyone else but I had to submit a federal background check. If you don’t disclose your conviction and then something appears on your background check you can guarantee that you will have a hard time getting your license.
I agree that those of us with one thing on our criminal record may not be considered “criminals” but we did do something wrong at one point. I had no problem getting hired or getting my license because I did admit to my wrongdoing in a professional, honest manner. My boss even made the comment “everyone makes mistakes. It’s ok.” You will find your misdemeanor will not be a cattle brand…just a little blip in the way.. as long as you are honest up front!