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Can I still get my nursing license if I was arrested or have a conviction on my record?

In Texas, nursing students must work through specific legal and regulatory hurdles on their way to starting their profession. In addition to coursework and training, they must also pass an official criminal background check. The check can result in a review of everything from a minor shoplifting charge or drunk driving arrest to more serious offenses like drug crimes, aggravated assault, or manslaughter. Those who have a record may wonder if it is even possible to get a nursing license in Texas. In many cases, the answer is yes. The following will provide broad information on the process and help you begin your journey into the nursing profession even if you have a blemish on your record.

How will a criminal record impact my ability to become a nurse in Texas?

The Texas Board of Nursing (BON) is responsible for evaluating applicants and determining their eligibility based on their criminal history. Nursing students must disclose their criminal history when applying for licensure. Failure to do so can result in denial of the application or disciplinary action. The BON then analyzes this information, which can include a review of the nature and severity of the offense, the time elapsed since the conviction, and evidence of rehabilitation.

Understanding these factors is essential for nursing students with a criminal record, as it helps them prepare for the application process and anticipate potential challenges.

What should I do if I have a criminal record? 

If you have a criminal record and wish to pursue a nursing career in Texas, there are steps you can take to improve your chances of obtaining a license.

  1. Prepare to defend yourself. Collect all relevant documents related to your criminal record, including court records, evidence of rehabilitation, and character references. These documents can support your application and demonstrate your commitment to reform.
  2. Apply for a declaratory order. Before enrolling in a nursing program, consider applying for a declaratory order from the BON. This process allows the board to review your criminal history and determine your eligibility for licensure before you invest time and resources in your education.
  3. Get legal counsel. The process is complex. It is generally wise to seek legal counsel with experience in this specific area of law to better ensure a more favorable outcome.

While a criminal record can present obstacles for nursing students in Texas, it does not necessarily preclude a successful career in nursing. By understanding the impact of your record, seeking legal advice, and taking proactive steps, you can work towards achieving your goal of becoming a nurse. Remember, the Texas Board of Nursing evaluates each case individually, so presenting a strong, well-documented application is crucial. With determination and the right approach, you can overcome these challenges and pursue a rewarding profession within the nursing field.

Attorney John Rivas is responsible for this communication.