Legal Question in Criminal Law in California

i was caught stealing inlate 2008. I was 18 and they charged me with a misdemeanor crime. Im not sure if I pleaded guilty or no contest. Since I decided to major in nursing Im not sureif this will prevent me from pursuing this career. Does this count against me. It says

"A history of felony conviction(s) or any bar, exclusion or other ineligibility for federal program participation could render a student ineligible for clinical placement, as determined by the clinical agencies."

so does this misdemeanor count?


Asked on 7/21/10, 2:29 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It is not a felony. The question is whether it would bar you from licensing. Because it inovlved stealing, it is considered a crime of "moral turpitude."

You may want to check with your school to determine which federal program participation would be affected by a misdemeanor that involves "moral turpitude." Sometimes you can get a waiver, but I would be up front about it because a failure to disclose it is usually worse than actually disclosing it.

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Answered on 7/21/10, 5:36 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The language you quote applies only to felonies. If your crime was a misdemeanor, then the quoted language would not apply to you. But there may be other reasons why your record would be an obstacle. You should discuss your situation with the licensing board or with your school.

Good luck.

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Answered on 7/21/10, 5:47 pm
Terry A. Nelson Nelson & Lawless

All convictions count, including this one. But, whether this one will bar you from your choice is up to the school, the appropriate licensing agency, and then any prospective employer. Ask your school counselor.

Also:

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 7/21/10, 6:43 pm


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