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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23530
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was arrested in 2014 and got pre trial diversion and case

Customer Question

Hello i was arrested for shoplifting in 2014 and got pre trial diversion and case dismissed expunged i need to renew my liscensce i need to find out wat i need to say in the eligibility form for texas board of nursing..i have contacted 2 attroney on ut forum they gave their own advise and also my attroney who handle the case gave his own advise ..i nred u to look in to the texas board of nursing renewing part and simcerly tell me wat i shuld answer and also an attroney said yo me though its expunged the fbi might alert board of nursing ..but i need ur opinion and wat i shuld answer case expunged and dismised
Submitted: 6 months ago.
Category: Criminal Law
Expert:  LawTalk replied 6 months ago.

Good afternoon Bridget,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades and for most of that time I have also handled employment law. I have represented nurses in actions before and in licensing issues, and my wife is a nurse, so I understand how the health care employment situation is, and how state nursing boards operate.

Quite simply, the expungement of a criminal conviction allows you to tell prospective private employers that you were never convicted. However, for application for professional licenses, employment with the state or federal government and certain institutions that are federally insured---like banks---you must still disclose the criminal charge and conviction. You will be given credit for the fact that the matter was expunged though. This rule applies to nursing licenses as well. However, a shoplifting charge which has been expunged, if this is the sole conviction, will not result in the state not renewing your nursing license. So abide by the law and disclose the conviction.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
But the attroney said i was not convicted so i need to say no to it...and 2 attroney on this forum said i shuld say no since it was expunged
Expert:  LawTalk replied 6 months ago.

Hi Bridget,

As I suggested, the General Rule is just as was stated to you. However, the exceptions to that rule include professional licenses, jobs with the state or the feds, and banks.

I have been doing this 30+ years and I have helped nurses many time in that time. I know what I am talking about. I'm sorry that it was not what you may have expected or wanted to hear, but it is an accurate statement of the law. If you fail to disclose it and the Board finds out----your renewal application may sit for many months before they work out the issues. I saw it delay one nurse's renewal application by more than 3 moths.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, my offer remains open to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Customer: replied 6 months ago.
but it state expunged u dont have to disclose in the eligiblity question unless u not for sure that is expunged then u disclose it...why dont u read it and see..
Customer: replied 6 months ago.
Wat of for Immigration will i be able to get my citizenship with this
Expert:  LawTalk replied 6 months ago.

If you want me to read something, then post it for me to read, or link me to it specifically.

If you have an immigration question, you will have to ask an immigration lawyer in our Immigration category.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

Doug

Customer: replied 6 months ago.
U not being helpful to me...others read it and tell me but i will post it for u
Expert:  LawTalk replied 6 months ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Customer: replied 6 months ago.
For any criminal offense including the pending one have you within the past 24months or since your renewal been convicted of a misdemeanor or convicted of a felony pled no contolere no contest or gulity received differed adjudication been placed on community service or court ordered probation whether or not adjudication gulity been sentenced to jail or prison time or court ordered probation been granted pre trial diversion been arrested or have any pending criminal charges
Expert:  Zoey_ JD replied 6 months ago.

Hello,

I am a different expert.

Take the words of the application very literally and give the government what they ask for. This is a government application and the government can always see what really happened with your case, even if the record was expunged. Nothing along these lines is ever hidden from the government.

The wording specifically asks about pretrial diverson and adjudicated deferrals. For purposes of a state license you must disclose the whole truth when they ask for it. Your failure to answer honestly will hurt you, as the previous expert has indicated.

As far as Immigration is concerned, if you pled guilty or no contest and your conviction was withheld, Immigration counts that as a conviction. So you must answer YES to that to immigration. If you don't, they will see your failure to do so as fraud.

Customer: replied 6 months ago.
You are one person who i met first on the internent and u told me to say no ..i still have ur notes and my question to u
Customer: replied 6 months ago.
Its crazy how one get mislead on this forum
Customer: replied 6 months ago.
If u go back u will see my question in 2014 when u said if i get it expunged i dont have to mention it i still have our chats
Expert:  Zoey_ JD replied 6 months ago.

Under some circumstances you can absolutely say no. The law says that you can. However, when it comes to a government application, the rules change.

Expert:  Zoey_ JD replied 6 months ago.

Give the government exactly what they ask for.

Customer: replied 6 months ago.
No i spefically told me if its expunged then i can say no to the question
Expert:  Zoey_ JD replied 6 months ago.

I do see what I said in 2014. However, this was not the question you asked then. THIS question involves what to disclose on a government application.

Expert:  Zoey_ JD replied 6 months ago.

Did you get your pre trial diversion? If so, Immigration does NOT consider that a conviction. But if they ask you to disclose it you should. It will hurt you if you don't but not if you are truthful because it's not a conviction.

Immigration DOES consider a deferred adjudication to be a conviction. So you'd have to disclose that

Customer: replied 6 months ago.
Im kinda disappointed cos i got mislead...i asked u specifically about my nursing liscence renewal...and u said dont mention if its expunged
Customer: replied 6 months ago.
But for immigrstion i got my citizenship anyways...but u told me it will take 5yrs
Customer: replied 6 months ago.
No i asked u when renewin my liscensce do i mention it you said yes to mention if its not expunged but say no if it gets expunged
Customer: replied 6 months ago.
Anyways im not satisfied with two mouthed pple i would apperciate if yall can get me another attronery
Expert:  Zoey_ JD replied 6 months ago.

What I said is that Immigration goes back at least 5 years to look for evidence of lack of moral character.

That is true, but if you got pre trial diversion, it doesn't count as a conviction so it wouldn't matter.

As for your nursing license, you never asked a thing about expungement. But also you didn't put the words of the application on there.

No matter. I'm only confusing you and making you angry, which is not my intention. I'll happily opt out for a third attorney to give you an answer.

Customer: replied 6 months ago.
Its just crazy
Customer: replied 6 months ago.
Im confused cos this forum is misleadin but my personal.attronery who handled my case said i do not have to mention
Customer: replied 6 months ago.
Still waitin on someone to finish this talk with me if not csn i havr my refund

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