If you are applying for a new RN or LVN license with a prior conviction that’s more than 7 years old, you may want to hold off until July 2020. A new law AB 2138 passed, but does not take effect, until July 1, 2020, that closes a HUGE loophole in the existing policy for applicants with a prior conviction. As of now, the BRN and BVNPT may not deny a license based solely on a prior conviction that has been expunged. However, they CAN deny the applicant based on the incident that lead to the conviction. For example, if you have a DUI that has been expunged, the BRN cannot deny your application for the conviction, but they can deny the license based on the fact that you were “using alcohol in a manner dangerous to yourself or others.”
Under AB 2138, the BRN or BVNPT cannot deny a license for the conviction or the underlying incident as long as 1.) the conviction has been expunged OR 2.) there is a certificate of rehabilitation AND the conviction is more than 7 years old. This is great news if the skeletons in your closet are old and dusty, but what if your arrest or conviction is more recent than 7 years?
You can still apply for your RN or LVN license with a recent conviction or even an arrest, but the likelihood of your application being denied increases. In some cases, it is a certainty. The BRN or BVNPT will deny a license application if you are still on summary probation with the courts. The BRN and BVNPT will deny the license application if there is an arrest on your record that has not been adjudicated. This doesn’t mean you won’t get your license, it just means you will have to go through the appeal process in order to get it. If you win the appeal (and we almost always do) your license will be granted but it will have some sort of disciplinary action attached to it, like a letter of public reprimand or probation.
So if you are applying for a new Rn or LVN license, here is what you need to know:
- You must disclose the conviction, even if it expunged, dismissed, deferred, dropped, etc.
- You must disclose the conviction, even if it is more than 7 years old.
We are really happy about this new law. It gives our clients with old mistakes the opportunity to get their licenses free and clear without having to go through the appeal process and without having old mistakes drug back out and made public. It doesn’t change anything for clients who are applying with convictions less than 7 years old and it doesn’t change the fact that you still have to disclose everything. If you have a past conviction that you need to disclose and you have any questions, please give us a a call and we help you determine how best to proceed.