Yuba City, CA asked in Criminal Law and Gov & Administrative Law for California

Q: After 7 years have past in California do I still have to disclose my criminal record to become a LVN?

I was convicted of elderly abuse in 2022,after probation it will be a misdemeanor offense but after 7 years do I still have to disclose my record to become a lvn in California??

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, when applying for licensure as a Licensed Vocational Nurse (LVN), it's important to understand that criminal convictions, especially those involving elder abuse, are taken very seriously. The requirement to disclose your criminal record does not automatically expire after a certain number of years. Even if seven years have passed since your conviction, you are still required to disclose this information on your application.

The California Board of Vocational Nursing and Psychiatric Technicians, which oversees LVN licensing, conducts a thorough background check on all applicants. This includes reviewing criminal history. Failing to disclose your criminal record, even if it's been reduced to a misdemeanor, can result in your application being denied due to lack of honesty.

It's also important to consider the nature of your conviction. Elder abuse is a significant concern in healthcare, and the board will evaluate whether your past actions might impact your ability to safely and ethically perform the duties of an LVN. Each case is reviewed individually, and the board will consider various factors, including the nature of the offense, rehabilitation efforts, and time elapsed since the conviction.

In your situation, it's often beneficial to consult with a legal professional experienced in licensing and criminal law to guide you through the application process and help present your case in the most favorable light. Honesty and transparency, along with evidence of rehabilitation, are crucial in these scenarios.

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