Can You Become A Nurse In Texas With A Misdemeanor?

Can You Become A Nurse In Texas With A Misdemeanor?

If you have been arrested or have a misdemeanor on your record, you might be asking, "Can I be a nurse with a misdemeanor in Texas?" The short answer is, it depends.

A criminal history does not automatically disqualify you from becoming a nurse, but it can affect your nursing license application. In this article, we will walk you through what you need to know and how to navigate this process.

The Texas Board of Nursing’s Approach to Criminal History

The Texas Board of Nursing (BON) evaluates each nursing license application on an individual basis. While a criminal history may raise concerns, the BON does not automatically reject applicants with a misdemeanor. Instead, they assess factors such as:

• The Nature of the Offense: Misdemeanors involving moral turpitude or dishonesty may be viewed more severely than other offenses.
• Time Elapsed since the Conviction: The BON may take into account how long ago the misdemeanor occurred and any evidence of rehabilitation.
• Rehabilitation: A history of good behavior or successful rehabilitation can show that you are fit to practice nursing.

Ultimately, the BON’s goal is to protect public safety. They will look at each case to determine if the offense impacts your ability to offer safe care to patients.

Types of Misdemeanors That Could Affect Your Nursing License

Not all misdemeanors are treated equally when it comes to nursing licensure. Some offenses are more likely to result in complications during the application process.

Examples of misdemeanors that could affect your eligibility to become a nurse include:

• Crimes Involving Dishonesty: If the misdemeanor involves lying or fraud (e.g., theft or falsifying documents), the BON may view this as a red flag.
• Drug or Alcohol-related Offenses: Misdemeanors related to substance abuse or impaired driving may raise concerns about your ability to offer competent care.
• Assault or Violent Crimes: Even misdemeanor charges related to physical harm or threats of harm could be problematic.
• Sexual Offenses: Misdemeanors related to sexual misconduct or harassment could result in serious consequences for licensure.
• Domestic Violence: Misdemeanors involving domestic violence or abuse may also affect your licensure eligibility due to concerns about personal conduct and safety.
• Theft or Shoplifting: While minor theft offenses may not be as severe, they still raise questions about a nurse’s integrity and ethical behavior, which is important in healthcare.

While these offenses are more likely to complicate your application, they do not automatically disqualify you from becoming a nurse. The BON will consider all factors before making a decision.

What to Do if You Have a Misdemeanor on Your Record

If you have a misdemeanor, the first step is to be honest with the Texas Board of Nursing about your criminal history. On your application for licensure, you are required to disclose all convictions unless they have been expunged or sealed. Failure to disclose this information could lead to a denial of your application or even disciplinary action later on.

You don’t need to report a misdemeanor that has been expunged or sealed. However, it is always a good idea to include documentation proving the expungement to avoid confusion. Once you have disclosed your criminal history, the BON will review your case.

How to Improve Your Chances of Becoming a Nurse with a Misdemeanor

There are steps you can take to improve your chances of being granted a nursing license despite having a misdemeanor. Here are some things you can do:

• Seek Legal Counsel: A nursing license defense attorney can help guide you through the process. They understand the BON’s criteria and can help you present your case effectively.
• Offer Evidence of Rehabilitation: If it is been a while since the offense, gather evidence that shows you have rehabilitated. This can include letters from employers, therapists, or community leaders.
• Explain the Circumstances: If you are required to submit a personal statement, be honest and clear about what happened. Show the BON that you have learned from the experience.
• Stay on Good Behavior: Being on probation or under supervision, showing that you’re in good standing can help strengthen your case.

How the BON Makes Its Decision

After reviewing your application, including your criminal history and rehabilitation efforts, the BON will make a decision on your licensure. There are several possible outcomes:

• Approval: When the BON determines that your offense doesn’t affect your ability to practice safely, they may approve your application.
• Probation: In some cases, the BON may approve your license on probation. This means you may be allowed to work as a nurse. However, you will be subject to certain conditions or restrictions.
• Denial: If the misdemeanor is seen as a serious threat to patient safety, the BON may deny your application. In this case, you may be able to appeal the decision or reapply after a certain period.

What Happens If Your Nursing License Is Denied Due to a Misdemeanor?

If you are asking, “Can I be a nurse with a misdemeanor in Texas?” the answer is that it depends on the specific circumstances. A denial of your nursing license due to a misdemeanor doesn’t always mean the end of the road.

You may be able to appeal the decision or seek a nurse license reinstatement if your license was revoked for any reason. Consulting with a nursing license defense attorney can help you understand your rights and explore the best options for your case.

Being denied licensure may also be a chance to take meaningful actions that could improve your eligibility, such as completing additional training or showing a long-term record of responsible behavior.

By disclosing your criminal history, demonstrating rehabilitation, and working with a nursing license defense attorney, you can improve your chances of becoming a nurse in Texas. If your license is denied or revoked, there are still options available, including the possibility of nurse license renewals or reinstatement.

Texas Nurse Lawyer focuses on defending Texas nurses, including Licensed Vocational Nurses (LVNs), Registered Nurses (RNs), and APRNs/NPs. With four Doctors in Nursing on our legal team and over 600 cases handled, we understand how to build strong, evidence-based responses to the Texas Board of Nursing.

Our deep experience and trusted relationships with investigators set us apart in this field. Contact us today to discuss your case.