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I currently have a professional nurse license in TX.

Initially I did not disclose...
I currently have a professional nurse license in TX. Initially I did not disclose a my class C misdemeanor ticket for petty theft from when I was a minor ( 17 yrs of age) in 1990 in Texas . No arrest , no finger print, only a tecket given. . I plead “No Contest” paid and successfully completed deferred disposition. Despite not disclosing ticket to the TX board of nursing, i received my nurse license without issue. Later I retired the license then decided to re-instate. However, this time due to concern over FBI background check, I disclosed the misdemeanor offense. My license was re-Instated without issue. Now I’ve moved to OK and would like to endorse my license here. OK is well known for not endorsing nurses with criminal history and/or fining large fees ($2000-$5000) to those they do allow to endorse. I know that FBI, Texas DPS , the county, and municipal records where offense occurred do not have any record of the ticketed offense because I paid to have the records checked. They all came back clean. Is this because there was no fingerprint and as a minor (17 yrs of age) my records were sealed? Do I need to continue to disclose the misdemeanor class C offense? This all occurred almost 30 yrs ago. Is it worth trying to get expunged? I’m going to assume it exist somewhere in some TX database
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5/16/2018
DamienJD
DamienJD, Attorney
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It does not appear that the misdemeanors would affect you getting a license in Oklahoma. It could affect you getting a job if it was within the last 7 years for petty theft but that is not the issue.

The issue seems to be with felony charges within the last five years:

An applicant for a license to practice as a registered nurse or licensed practical nurse must submit to the Oklahoma Board of Nursing “certified written evidence that the applicant has never been convicted in this state, the United States or another state of any felony, unless five (5) years have elapsed since the date of the criminal conviction or the termination of any probation or other requirements imposed on the applicant by the sentencing court, whichever shall last occur, or a presidential or gubernatorial pardon for the criminal offense has been received” [59 O.S. §567.5]. Therefore, applicants for licensure in Oklahoma with one or more felony convictions cannot apply for licensure for at least five years after completion of all sentencing terms, including probation and suspended sentences, unless a presidential or gubernatorial pardon is received.

https://www.fastaff.com/sites/default/files/pdfs/OK_endors_US_educated.pdf

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Customer reply replied 3 months ago
but if I even list the misdemeanor it will put me into investigative review prolonging my application by months. This will be the case whenever I endorse in another state. The process was more expedient InTexas because I already held the license in that state and I’ve never had restrictions or suspensionmon the license. Why doesn’t the misdemeanor show up? Is it because I was minor? Are the records closed unless if give permission to access? And would it ever show up? I've never had anything beside a Speeding ticket since that offense. If I have to keep listing this in every new state, should I consider having it expunged?

Possibly, they were sealed.

For a misdemeanor in Texas, you can seal your record immediately after completing your deferred adjudication. Maybe without realizing it, you could have sealed your record. You can also attempt to seal it now.

Also, it appears that you have the right to have your record expunged.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
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