How does an expungement that is granted work for a person who holds a professional license?

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I am a nurse who still holds a valid Michigan LPN license in Michigan. I was convicted of a felony in 2005, and completed everything ordered of me, including restitution. My nursing license was not permanently revoked but did however have sanctions placed on it of which I completed and have had those all released as well. My question or concerns are many sad to say, so I am hoping you will bear with me here while I explain a little.

I do qualify for an expungement, I have done the “test” per se’ to determine if I am eligible, and I am. My co-defendant received her expungement 3 years ago and her charges were the exact same as mine, minus the fact i have a professional license and she did not. I have gotten a free Attorney consult for this process so this too confirmed I was eligible. However, due to losing my spouse to unexpected early death and now sustaining on social Security survivor benefits, I was not able to retain the Attorney as I could not afford it. So, I am seriously considering going it on my own and trying.

My question is, if an expungement was granted by the court in Bay County, Mi, how does the expungement come into play with the Michigan Board of Nursing? I ask this because, upon completing the sanctions they imposed on me, they sent me a congratulatory letter. But, at the very end of that letter, it is stated, that even though I successfully completed their requirements of the sanctions imposed, the sanctions placed as well as the reason why, would become a part of my permanent record or part of my license for lack of better words. If I were to receive an expungement in order to attempt to try and return to the only career I know…Nursing, and a prospective employer does a criminal background check, which they all do these days, and this shows next to my nursing license, then the job will be out the window. I know that once an expungement is granted, a person can “tick” the box and answer “No” for the question about “have you ever been convicted of a felony etc”

I do not know if there is another step involved in obtaining an expungement when a professional license is also in the mix? does receiving an expungement make it so not only is it hidden that way, but also must be hidden also by the Licensing Bureau for Nursing licenses? I have researched online and even in the Board of Nursing section of the Government website and have not found anything that addresses this.

Thank You in advance for your time!

Comments

  1. Peter Torrice on March 17, 2014 at 6:49 pm said:

    Thank you for your blog post. If you are eligible for an expungement and it is granted then it would be removed from your criminal history.

    Your questions are extremely involved and would be much more time consuming to answer than a simple yes or no with regards to your licensing issues. To get you the correct answer I would have to take the time to review all of the documentation that was provided to you by your employer and research that specific issue with regards to your professional license.

    I would be more than happy to take the time to go over your case with you in person. You may set up an appointment by calling the number below. Thanks!

    Peter A. Torrice
    CANU TORRICE LAW
    32059 Utica Road
    Fraser, MI 48026
    586-285-1700
    http://www.AllLegalMatters.com

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