How an Expunged Conviction Can Impact NP Licensure in California
By Melanie Balestra, NP, Esq.
An expungement is a special post-conviction procedure currently available under California law (most commonly under Penal Code, § 1203.4). The process involves filing a petition in the court that you were convicted in and asking the judge to vacate your conviction and dismiss the case.
In most cases, this involves withdrawing your old plea of guilty or no contest and entering a new plea of NOT GUILTY. The case is then dismissed. A copy of the judge’s expungement order is then transmitted by the court to the Department of Justice, where it is reflected on your California criminal record and your FBI record. As a basic qualification, you must have successfully completed probation (rather than being sentenced to state prison) without any major problems. You must have also paid all fines fees and restitution ordered by the judge, and cannot be facing any new charges or be on probation for another conviction.
The most common criminal convictions I encounter with new nurse practitioners are DUIs (Driving Under the Influence) and domestic violence. In the past, the Board of Registered Nursing (BRN) has used the expunged record against the nurse practitioner with a disciplinary action of probation. It did not matter how long ago the criminal action occurred. The BRN would place the NP on probation with urine checks, counseling, and required AA meetings.
Business and Professions Code 480 (c) states:
“Notwithstanding any other provisions of this code, a person shall not be denied a license solely on the basis of a conviction that has been dismissed pursuant to Section 1203.4 (as stated above), 1203.4a, or 1203.41 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide proof of the dismissal.”
What does this mean? The BRN can no longer use a conviction that has been correctly expunged to deny licensure to NPs graduating from an NP program in California, or any NP applying for an NP license in California.
My best recommendation for NPs and those planning to become an NP is do not drink and drive. Do not get involved in domestic violence. It is not worth the risk. Prevention is the best solution.
Melanie Balestra is both an attorney and a nurse practitioner. She is a former President of CANP, and is currently President of the American Association of Nurse Attorneys, which in 2016 honored her with the award for Outstanding Health Law & Compliance Section Member. She has law offices in Irvine and Newport Beach, and continues to work part time as a PNP and Director of Pediatrics at the Laguna Beach Community Clinic.