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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26817
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am currently trying to complete an application of RN by

Customer Question

Hi there, I am currently trying to complete an application for license of RN by examination through the Board of Nursing. I have an expunged arrest record from a few years ago. Both parties the defendant and the victim decided not to press charges, but the Florida State Attorney received the police report, which did not provide even valid and reliable statement from defendant and only used the victims statement in the police report. A No Information was returned shortly after finding no evidence or source to be able to pursue further in this case. I never made it to the second appearance so the case was thrown out and dismissed. During when I received a confirm eligibility to expunged the State Attorney sent a letter of objection for expungement but approved the sealing of my record. When I received a petition of court to look over my expungement request, the court approved and ordered all involving agencies to expunged my record. My question is am I required to disclose any expungements to the BON as I am in the process of trying to complete this application for license by examination?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
What is the wording on the application? Does it ask you to include expunged convictions?
Customer: replied 1 year ago.
No it doesn't but Florida Statute requires under expungements certain entities that need to be reported to in order to seek employment per say the Department of Health.
Customer: replied 1 year ago.
I am not satisfied with the answer. I just need a general guideline on this in how I should proceed. as there is no clarity regarding whether you should report or not report
Expert:  Zoey_ JD replied 1 year ago.
I never gave you an answer. I asked you a question.
The general rule of thumb would be that if you are planning to get a license in a restrictive profession such as health care, law or education, you disclose your previous contact with the system and note that the matter was dismissed and expunged.
Florida requires disclosure when positions you're applying for involve those who are physically ill, handicapped, disabled. So it would come to light anyway.
The fact of an expunged dismissal in your past would be a lot less damaging than a present-day attempt to cover it up.