I have an arrest in my background criminal history, what do I do?
There is not a simple answer to this question because there can be so many variables. The one sure thing is – DO NOT LIE TO THE BOARD!! Many nurses answer the Board’s application/renewal questions based on what they think a criminal background shows or what other employers/agencies/etc. have found when they ran criminal background checks. This is a dangerous decision because the Board can obtain criminal background information that other entities cannot seem to find. Do NOT assume that your background is clear because: someone told you that it would be (even if it was your attorney), that the criminal incidents occurred while you were a juvenile, that you completed deferred adjudication or pre-trial diversion or that your case has been expunged/sealed (unless you have the actual court paperwork showing the expunction/sealing of the records in your hand). Also, don’t think that the Board will not want to know about a particular incident because you think it has nothing to do with nursing practice–the BON wants to know about everything in your criminal background even if they decide not to take any action in response to the incident(s), the BON still wants to know. Remember that even if your non-disclosure to the Board is a mistake, you will still be found to have been deceptive to the Board and disciplinary action can be the result.
There are so many pitfalls associated with the questions posed on the Board’ s renewal/application paperwork, that it is prudent to speak to an attorney who has experience working with the Texas Board of Nursing before you complete the questions.