What charges can stop you from being a nurse? It depends heavily on the nature of the offense, how recently it occurred, and how the Texas Board of Nursing assesses your complete history. Not every criminal charge leads to automatic disqualification, but certain offenses, particularly those involving violence, dishonesty, or harm to vulnerable individuals, raise serious concerns about patient safety and a nurse’s suitability to hold a license. A Houston nursing license defense attorney can help you understand where your situation stands before the Board makes that determination.
At Lype, Dest & Smith our Houston nursing license defense lawyers represent nurses and nursing applicants across Houston and the state of Texas who are navigating criminal history reviews, preliminary licensure denials, and Board investigations. The earlier you seek counsel, the more options you have.
Texas law does not treat every criminal offense the same. Under the Texas Occupations Code Chapter 301, the Texas Board of Nursing can deny, suspend, or revoke a nursing license for criminal conduct deemed to be directly related to the practice of nursing.
Not every offense is treated as disqualifying. The Board looks at whether the offense has a genuine connection to a nurse’s professional obligations, particularly the duty to protect patients. A theft charge, for example, matters more than a traffic violation because it speaks directly to the trust and honesty nurses are expected to maintain, a concern the Board applies just as firmly to false documentation.
Nurses who wonder, “What charges can stop you from being a nurse?” must understand that not all criminal histories carry the same risk. The Board treats charges involving violence, fraud, sexual misconduct, and drugs as the most serious because each maps directly onto the responsibilities nurses carry every day: protecting patients, handling medications, and maintaining records. A prior charge in one of these areas will not automatically cost you your license, but it will generally prompt a closer look.
Texas law draws a clear line between an arrest and a conviction. An arrest alone cannot be used as grounds for discipline, but failing to disclose it accurately often becomes a more serious problem than the underlying charge.
A charge from years ago, paired with a clean subsequent record, carries far less weight than a recent one. One point that surprises many applicants: deferred adjudication is treated the same as a conviction, and completing it successfully does not erase the Board’s ability to consider it. Other Texas licensing bodies apply similar rules, and criminal charges can trigger a BHEC complaint for a Texas LCSW under comparable standards for social workers.
Some offenses remove Board discretion entirely. Under Texas Occupations Code § 301.4535, deferred adjudications and convictions for offenses such as murder, sexual assault, aggravated assault, robbery, and sex offender registration crimes result in mandatory denial or revocation, and a five-year waiting period after completing probation/parole before reapplication.
When the Board retains discretion in a case, it evaluates criminal history through the factors set out in 22 Tex. Admin. Code § 213.28(h). Those factors include the seriousness of the past offense, evidence of who the person is today, whether the conduct is likely to be repeated, and others. No single factor decides the outcome. The Board weighs the full picture. Nurses and applicants who understand what charges can stop you from being a nurse, and what the Board actually weighs, are in a much stronger position to respond early and effectively.
The Board also recognizes a youthful indiscretion exception for non-felony offenses committed early in life under circumstances suggesting poor judgment rather than character, provided the applicant has since shown real accountability and growth.
Understanding what charges can stop you from being a nurse is only part of the picture. Lype, Dest & Smith represents Houston and Texas nurses and nursing applicants who are facing criminal history reviews, licensure denials, and Board investigations. Call us today at (512) 881-3556 to discuss your situation and understand your options before making any disclosures or submitting any responses to the Board.
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A thorough and experienced lawyer. We are grateful to have Dan and his staff helped us with our case, dealing with Texas Medical Board. Dan is honest, experienced and very thorough. He was supportive throughout the proceedings. His caring and calm nature has made us feel at ease during the whole process. His office staff was professional and responsive. Dan responded to our phone calls and emails promptly. We wholeheartedly recommend Dan and his firm without any reservation.
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Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.
Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX
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