Can You Be a Nurse With a Misdemeanor?

Having a career in nursing is both rewarding and demanding, but what happens if you have a misdemeanor on your record? Can you still apply for a nursing license, or does your past mistake disqualify you from the profession? This is a key question for many aspiring nurses who may have made errors in judgment but are determined to move forward in their careers. 

The good news is that having a misdemeanor doesn’t automatically prevent you from obtaining a nursing license. However, it may affect the licensing process depending on the nature of the misdemeanor. 

A Texas nursing license lawyer from a boutique law firm focused on defending healthcare professionals can help you navigate the Texas Board of Nursing’s application process.

Can You Be a Nurse with a Misdemeanor?

The possibility of becoming a nurse with a misdemeanor on your record depends on several factors, including the nature of the misdemeanor. Under Texas Administrative Code, Rule 213.28, the Nursing Board holds the authority to deny your eligibility for the licensing exam, withhold issuance of your license, or decline its renewal if you have been convicted of a misdemeanor involving “moral turpitude” or if your actions have led to the revocation of your probation.

Moral turpitude denotes crimes that reflect immoral and dishonest character. These offenses can include domestic violence, theft, or fraud. Moreover, nurses found guilty of causing harm to a child patient, as well as registered sex offenders, are prohibited from practicing nursing. Such cases are often scrutinized more closely because they indicate potential risk to patients.

Applicants are usually required to disclose any criminal history when applying for their nursing license. This includes disclosing when the case was dismissed following deferred adjudication or after completing a pre-trial diversion program. As such, the nursing board may demand documentation, such as court records or letters of recommendation, to assess your suitability for the profession. Every nurse applicant is also required to submit their fingerprints for an extensive criminal background check.

Do All Misdemeanors Affect Nurses Equally?

Not all misdemeanors carry the same weight when it comes to applying for a nursing license. Minor offenses, such as misdemeanors that occurred many years ago, may have little to no impact on your application. However, more serious misdemeanors, particularly those involving drugs, alcohol, or theft, can pose significant challenges. A skilled nursing license defense attorney can handle the challenges that may arise when applying for your license with a misdemeanor. 

For instance, a misdemeanor DUI may raise concerns about your ability to safely care for patients, particularly if the offense is recent. On the other hand, a misdemeanor for a non-violent offense that occurred a decade ago, with no subsequent legal issues, may be viewed more leniently by the board.

In some cases, the board of nursing may grant a conditional or probationary license, allowing you to practice while under supervision or with certain restrictions. This allows you to prove your commitment to the profession and your ability to uphold the standards of nursing.

Discuss Licensing Concerns with a Texas Nursing License Lawyer

As noted, applying for a nursing license with a misdemeanor record is definitely possible. While your record will typically be considered a factor in your application, things you have done since the conviction will also weigh into their evaluation. If you are concerned about the potential impact on your nursing license, a Texas nursing license lawyer at Lype Dest Smith Lawyers can help. 

Call us at (512) 881-3556. We will explain the licensing concerns to protect your career. You can also contact us online to discuss your nursing licensing defense needs.

Darrin Dest

Darrin’s practices primarily in the areas of administrative and health care law, with a focus on the representation of professionals in front of their licensing boards and credentialing bodies. Darrin formerly worked for the Texas Medical Board and currently defends licensees.

Years of experience: 15 years
Bar numbers: 24065146
Location: Austin, TX

Dan Lype

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