Misdemeanor and Felony charges

[ladynpink33]

Hi there,

Does anyone know about the reprecussions of getting a Misdemeanor-theft or Felony-theft? I mean, what does the BRN (california) usually give as a diciplinary action? Will they consider probation or just revoke your license?

I have heard from a lawyer that this type of criminal conviction (either of them) is a victimless act and falls under "moral turpitude."-- which is actually worse that it sounds because it questions the nurse's character. Versus, for example a DUI or a drug use-- where there are recovery programs that you can enter and complete.

I have tried searching endlessly for other nurses who have had this experience, but to no avail, I have found none that has replied back. I would just like to know what happened and how they are coping, and if applicable, how did they get their license back, how long did they have to wait and what steps they are taking to get their life back on track.

I did find a "shoplifters recovery program" in san francisco, it'll be a drive for me, but I'm hoping it will help. I have not gotten any charges yet, but I am anxious and I feel very stupid for ever mixed up it this problem.

Is there anyone out there who have had a similar experience that can help me and perhaps lend some conforting words of advice or encouragements. I really need them.

I hope that I do get a second chance. I am just turning 24, and fortunately I still have a bright outlook on life even though a lot of the things that I had planned for the future will have to be put on hold. It's a good thing that I have time on my side and a supportive, but shocked boyfriend.

I hope to hear from someone soon. Thanks for your time.

--Lady

[Mom-n-More]

I know you have to report them to your work. I think we have 24 hrs to report charges like that. It'll show up when they do your background check. My hospital does the backgrounds every 4 years. I think it's up to your agency if you will be able to remain employed or not, but your HR is the best people to ask about that. Um, may I suggest that from now on if you want something you just purchase it instead of stealing it? It's well worth the money to just be honest because taking things only causes more expense and pain in the long run.

[SoldierNurse]

Wynonna Ryder certainly did not need to shoplift for lack financial means to pay for the items. Shoplifting can be considered a disease. I have no idea [never been in your situation] what are the ramifications of your actions. I do think your making a great decision to attend the shoplifters recovery program in San Francisco... no matter how far the drive will be for you. This tells me you realize you have a problem & willing to not only admit, but to take action to remedy the problem. Plus, you need a lawyer! Lawyers know how to deal with these kind of things. Act fast, act smart because you are your best advocate right now. I would not talk to your HR until you have seen a lawyer first. You made a a big, bad decision, and now it is going to take, many, many good decisions to get you on the right path.

Hang in there & good luck!

[hppygr8ful]

I agree with Mac. Shoplifting can be a form of addiction and in many cases can be treated. You don't say if this is the first time you did it or if it's the first time you got caught! (big difference).

I have struggled with various addictive processes for 30 years and currently have them all in check with the help of 12-step groups and out patient treatment. I have over 2 years of freedom from these demons of mine.

I would not necessarily talk to your employer until you see how things turn out. You may not even get convicted and you are only required to report convictions of non-drug and alcohol related crimes to most state boards.

If you attend the shoplifting group make sure you are able to verify your attendance. Make your own sign in cards if necessary. If you end up facing a judge or the BON things will look better for you if you can show you are facing the problem.

AS far as your license goes,go to your state boards website and look up what kind of offenses can affect your license. It should be listed in your states "Nurse Practice Act."

Good luck and God Bless

hppy

[Kiesha]

I am in Ohio, and have a prior petty theft conviction. Let me first explain this, It was b/c I walked out of the store (after spending $275), and had forgot an item at the bottom of my cart. I was confronted by store security as I was loading my purchases in my car. As a result of this, I will be ,monitered by the Ohio BON for a year. My job has to report to them, and I also have to sign a consent agreement to not work in a position were my primary responsibility is handlimg funds for a year. But this was my individual situation, I know each case is handled on an individual basis. Be completely honest and include ALL paper work pertaining to the case. I hope this gives you a little insight. Good luck!!

[ToonTown Fan/RN]

Start reading the information on your board of nursing regarding what has to be reported and what affects the standing of your license. I WOULD NOT talk to HR until you have a resolution of this issue. I WOULD get a lawyer ASAP and be completely honest. Prior issues along this line, what this will mean to your license, what the circumstance of this issue were, etc. Persue any and all options you have to remedy your willingness to take what doesn't belong to you. An employer will look at this and say, If she'd steal from a store, she'd steal from me. You need legal advice.

And Keisha, for crying out loud, if they had the time to stand around and watch you get all the way to your car, why didn't they just stop you on the way out and say, "Did you realize that the item down below wasn't paid for?" Sounds like a store that has had bad problems and was looking to make an example. Sorry it happened.

[ladynpink33]

so i have an update on my outcomes:

i had my charges pleaded down to Misdemeanor Vandalism instead ie. malicious mischief. My lawyer said that this better than petty theft as petty theft relates to Moral turpitude in the CA Nursing Act.

i still have to go to sacramento to see what kind of punishments lie ahead of me. so far i'm doing community service and weekend work.

i only hope that my license is not revoked. i would take anything else!!

please, if you had any experiences in dealing with the board of nursing concerning misdemeanors please share your experience/story with me, thank you for those with the kind words and encouragements.

and just fyi, i am no longer shoplifting.... and i would never do it again!
i made a bad decision and i have definitely LEARNED from my mistake!

[rbna]

please, if you had any experiences in dealing with the board of nursing concerning misdemeanors please share your experience/story

Here are a couple of examples regading misdemeanors in another state. (I did not find a list from California’s Board.) BPOA: STATE BOARD OF NURSING RELEASES DISCIPLINARY ACTIONS (July 2)

STATE BOARD OF NURSING RELEASES DISCIPLINARY ACTIONS
In Pennsylvania

AUTOMATICALLY SUSPENDED Susan L. Bradford, license no. PN-105085-L, of Coatesville, Chester County, for one year for pleading guilty to one misdemeanor count of possession of controlled substances (cocaine and marijuana). (July 11);

NDEFINITELY SUSPENDED Barbara Bentley Sherman, license no. RN-210663-L, of Monroeville, Allegheny County, for in that she was convicted of a misdemeanor which is a crime of moral turpitude. The suspension was imposed as one year active, and the remainder stayed in favor of probation. (July 24);

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Specialist in BRN investigations and nurse representation:

Depending upon the findings of a BRN investigation, the BRN may simply issue a citation and fine, or may refer the case to the Attorney General’s office for prosecution of formal charges against the Registered Nurse that can result in revocation of the nursing license.
Unfortunately, many registered nurses facing discipline mistakenly believe they must simply accept their fate without a fight. Others misguidedly assume they can effectively represent themselves in the investigation and administrative hearing. Regrettably, the potentially terrible consequences of these beliefs and assumptions are many times only fully realized after a suspension, surrender, or revocation of an RN license is irreversible. Don't make the same mistake.
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• In legally viable cases, seek to overturn adverse administrative decisions in the California Superior Court through “administrative mandamus” proceedings.
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