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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: 4,415
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
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