What Is Expungement?
An expungement is the legal process by which a criminal conviction or mental health commitment is removed from your record.
They’re each a little different, but both can affect your nursing career and ability to be licensed in the state of New Jersey, particularly criminal expungement.
In the case of a mental health expungement, your record of having been held voluntarily or involuntarily in a psychiatric institution or facility is wiped off your record. A similar process occurs with a criminal expungement, like starting with a clean slate.
Why Nurses and Nursing Students May Need an Expungement
When you apply for a nursing license in New Jersey, the Board of Nursing (BON) runs a criminal background check as required by the Health Care Professional Responsibility and Reporting Enhancement Act. This is because you are responsible for the health and well-being of patients as a nurse.
Nurses also handle prescription medications, including highly abused drugs, like opioid pain medications and sedatives. The BON wants to know you are not a danger to your patients and the public or a liability to your healthcare institution when granting you a license.
A criminal conviction on your record could mean being denied a license to practice nursing, or it could make getting a job much more time-consuming and difficult.
Having had a mental health commitment in the past may also factor in obtaining employment. Whoever hires you wants to be confident that you’re not a danger to the public, that you’re stable and capable of handling stress. There can be no risk of substance abuse or behavior that would put patients in danger.
How would someone know you were previously held at a psychiatric facility? There’s a high probability you will be asked during the job interview process because of the degree of clearance required of nurses. If you don’t answer truthfully, you could be accused of misrepresenting your background.
With an expungement, your mental health history is not able to be seen by outside parties. And you’re not required to disclose it either.
Can the Board of Nursing See a Criminal Record Even with an Expungement?
You might have heard that the BON can still see a criminal conviction after a legal expungement. This is true. Why bother then with an expungement?
First, you cannot be denied a nursing license in New Jersey if you have obtained a criminal expungement. So that’s a huge hurdle cleared if you have a criminal record.
And you do not need to disclose your record to future employers, so an expungement can assist you with getting work once you are licensed.
What Is Involved in Obtaining an Expungement
The process varies for a criminal versus mental health expungement. Please read our website pages for each type of expungement, which walk you through the procedure.
It can be a complicated process in terms of assembling all the necessary documents and presenting them in the proper manner to the court. Then, there’s the job of convincing the judge that you pose no danger to the public. Only then may you obtain an official expungement.
Don’t Wait to Contact an Attorney If You Need an Expungement
Getting an expungement can be a lengthy process as well as a highly detailed one. You don’t want to hold up your admission to nursing school, your license, or employment because you’re waiting for all the paperwork to go through.
Also, you don’t want to see your petition for expungement denied or miss the opportunity for a hearing because your documents were submitted incorrectly. That’s why nurses and nursing students choose to partner with an experienced attorney like Michele Finizio. Our law office has the resources and expertise to help you get the best possible chance of an expungement to stay on your career track.
We serve clients throughout New Jersey and in these counties: Atlantic, Burlington, Camden, Cumberland, Gloucester, Mercer, and Middlesex. Your initial consultation to see if we can help is free.
Call us at 856-888-9059 to schedule an appointment. Or reach out online and tell us how we can assist you.