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As part of my current job as a nurse consultant, I am

As part of my...

As part of my current job as a nurse consultant, I am required to apply for my Nursing Home Administrators License in Missouri. I have been a nurse for 28 years and have been with my current company for 9 years as a director of nursing. I recently accepted a promotion to a Regional Nurse Consultant position and I am required to obtain my administrators license. In review of the requirements it asks if you have been convicted of a crime of moral turpitude. I have a misdemeanor conviction from 10 years ago for harassment related to my ex husband and his wife at the time. I have filed for it to be expunged but that has not been heard yet. Even if it is expunged, I must admit to the conviction. I am not certain how to go about explaining the situation. I was initially told in court that it would be SIS, however, that was not the case and it does show a Class A Misdemeanor on my CBC.

Lawyer's Assistant: Have you discussed this harassment issue with a manager or HR? Or with a lawyer?

I have not discussed it with my manager. It is a board that grants permission for you to test for the exam. As for an attorney, I have discussed it with my brother, however he practices in another state. The expungment request has been filed with the court system.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Missouri is an at will state

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 3 hours by:
3/21/2018
WiseOwl58
WiseOwl58, Law Professor
Category: Criminal Law
Satisfied Customers: 4,595
Experience: Real Estate Lawyer and Broker
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I recommend that you disclose the conviction and state that it was ten years ago and there is a petition to expunge the conviction. Moreover, this is probably not a crime of moral turpitude, which is typically a case of stealing money, lying or some other act of dishonesty, so this is not considered a crime of moral turpiude in Missouri.

Nevertheless, it is best to disclose it, because it will appear on a record search, but since you have been forthcoming in disclosing it, I don't believe it will be held against you and I believe they will permit you to proceed with the exam and obtaining the administrator license under these circumstances.

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WiseOwl58
WiseOwl58, Law Professor
Category: Criminal Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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