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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Is This a Conviction?

    My question involves a background check in the State of: California

    I plan on applying for my RN license and I am required to disclose ALL misdemeanors and felonies, including those that were dismissed. I was cited for having less then an once of marijuana, 1 gram to be exact. My passenger had left it in the glove compartment. Anyways, this occurred over 2 years ago, I went to court, pleaded not guilty, did the NA meetings and paid the fine. The case was then dismissed. I obtained a record of it today so I have evidence.
    I feel really stupid asking this question but do I need to disclose this? I pleaded "not guilty" and the case was dismissed. This means I was not convicted, right? I just want to make sure. I know everything about nursing but nothing about law.
    One more thing, Would the Boards know or can they find out if this even occured?
    Please help. Thanks!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is This a Conviction?

    You need to read how the questions are worded - if it says to also include "criminal histories" that were dismissed (no exceptions), then you would need to include it.

    Yes, it's very possible for the "Boards" to pick this hx up on a background check. It's according to how thorough of a one they do & for a RN license I would think they would do a rather thorough one.

  3. #3
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Is This a Conviction?

    Quote Quoting Betty3
    View Post
    You need to read how the questions are worded - if it says to also include "criminal histories" that were dismissed (no exceptions), then you would need to include it.

    Yes, it's very possible for the "Boards" to pick this hx up on a background check. It's according to how thorough of a one they do & for a RN license I would think they would do a rather thorough one.
    This is what it states,
    "Applicants are required under law to report ALL misdemeanor and felony convictions. DUI convictions must be reported. Convictions MUST be reported even if they have been adjudicated, dismissed, or expunged or even if a court ordered diversion program has been completed under the Penal Code or under Article 5 of the vehicle code."

    My whole issue is whether or not I was ever convicted. If I was convicted then I would have to disclose the information.

    I thought a conviction (to convince) meant that I was found guilty. I pleaded "not guilty". No where on the record does it state that I was found guilty. I was ordered to do NA meetings and upon completion, the case was dismissed. "disposition: dismissal in furth of justice per 1385 pc. Dismissed per Penal Code 1385"

    This so confusing. Was I convicted? Are there other words that indicate conviction?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is This a Conviction?

    The exact wording of the question is crucial. If you're asked to disclose "disclose ALL misdemeanors and felonies, including those that were dismissed", as you originally said, then it would appear that they're asking about all charges. If you're asked to disclose "ALL misdemeanor and felony convictions ... even if they have been adjudicated, dismissed", as you now say, that sounds like it's limited to post-conviction dismissals.

    The reference to diversion programs is a bit confusing, as most diversion programs occur prior to conviction. (See, e.g., your own.) See California Penal Code Sec. 1001-1001.9,
    Quote Quoting California Penal Code, Sec. 1001.1.
    As used in Sections 1001.2 to 1001.11, inclusive, of this chapter, pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.
    If the question intends to include pretrial diversion, its wording seems confusing - but I don't know their intent. You should consider asking them what they mean, as you need to be sure you have a correct answer.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Is This a Conviction?

    Never mind, I got the difference. Personally, I would disclose it.
    If you fail to tell them about it and they find it elsewhere, it can be considered falsifying records if they interpret the question differently than you did.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is This a Conviction?

    I agree - if you don't disclose it & they pick it up on a background check, they might not be too happy if they believe you lied.

  7. #7
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Is This a Conviction?

    Well thanks for your thoughts.
    I actually went to see my public defender and she told me that I was not convicted. I pleaded not guilty and the judge ordered me to do the NA meetings to dismiss the case. The case was never sent to the Department of Justice. I don't have to disclose it. Thank goodness.

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is This a Conviction?

    Ok but just be careful of how the questions are worded on the application.

    Good luck to you.

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