Sealing a Criminal Record for Nursing and Healthcare Licenses in Nevada
Sealing a criminal record is vital for nurses in Nevada under Nev. Rev. Stat. § 179.285. However, because the Board conducts comprehensive FBI fingerprint checks, careful disclosure strategy is essential to avoid application denial under Nev. Rev. Stat. § 632.320.
Protecting Your Medical Career in Nevada
Earning a nursing degree is an incredibly demanding journey. However, for aspiring Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Certified Nursing Assistants (CNAs), a past criminal mistake can jeopardize years of hard work. The Nevada State Board of Nursing, Las Vegas and the Nevada State Board of Nursing, Reno strictly regulate the licensing of medical professionals under Nev. Rev. Stat. § 632.320. When you apply for your medical license, the Board requires comprehensive background checks, including FBI fingerprinting. If you have a criminal record, the Board may flag your application for a disciplinary review, potentially denying your license. The most effective way to prevent this is by securing a court order to seal your record. By utilizing our directory to find a skilled local attorney, you can navigate the sealing process and ensure your nursing application moves forward smoothly.
The NSBN Background Check and Fingerprinting Process
Every applicant must submit fingerprints to the Nevada Department of Public Safety and the FBI. Even if a local court dismissed your charges years ago, the arrest will still appear on the FBI background check unless a judge has formally ordered the record sealed and the federal databases have been updated. The Board of Nursing will halt your application and demand court documents explaining the arrest. If the record is legally sealed, however, the situation changes dramatically.
Your Legal Duty to Disclose vs. Rights After Sealing
One of the most stressful parts of completing a Form RN/LPN Application, Nevada, State Board of Nursing, Initial Application for License by Examination is the section asking about past criminal history. Under Nev. Rev. Stat. § 179.285, once a record is sealed by a District Court, all proceedings recounted in the record are legally deemed never to have occurred, generally allowing individuals to answer 'No' to criminal inquiries. However, the Nevada State Board of Nursing receives comprehensive FBI fingerprint reports. If an un-updated federal database reveals an arrest or conviction after an applicant answered 'No,' the Board may treat the response as a fraudulent application under Nev. Rev. Stat. § 632.320. To protect your license, you must ensure your sealing order is fully processed across all state and federal databases before applying, or consult an attorney on navigating disclosure.
Handling Specific Medical and Driving Offenses
Certain crimes cause immense concern for the Board of Nursing because they directly relate to patient safety and the handling of narcotics.
Drug Diversion and Controlled Substance Charges
Charges involving illegal drugs, prescription forgery, or drug diversion are massive red flags for nursing regulators. If you have a past drug-related misdemeanor or Category E felony, you must wait the statutory period (often 1 to 2 years) before applying for a seal. Attempting to apply for a nursing license while a drug charge is still unsealed almost guarantees an application denial or a requirement to enter a strict, multi-year disciplinary probation program.
DUI Convictions and Nursing
A past Misdemeanor DUI conviction does not automatically disqualify you from becoming a nurse, but it requires extensive explanation to the Board if left unsealed. Because a Misdemeanor DUI takes 7 years to seal in Nevada, many nursing students must face the Board with the conviction visible. If the 7 years have passed and the DUI is sealed, you are legally protected from disclosing it. Remember, felony DUIs can never be sealed in Nevada and will permanently appear on your FBI check.
How Much Does Record Sealing Cost?
Investing in a clean record is minor compared to the earning potential of a nursing career.
| Legal Service or Fee | Estimated Cost (USD) |
|---|---|
| Nursing Board Application Fee | $100 - $120 |
| Fingerprint Processing | $40 - $60 |
| Record Sealing Court Fees | $150 - $350 |
| Attorney Retainer (Sealing) | $1,500 - $3,000 |
Timeline for Nurses
Do not wait until you graduate from nursing school to start the sealing process. From the moment your attorney files the petition, it can take 4 to 8 months for a judge at the Clark County District Court, Las Vegas to sign the sealing order. After the judge signs it, it can take an additional 30 to 90 days for the FBI to update their federal database. To avoid delaying your career, you should begin the sealing process at least a year before you intend to apply for your license.
Frequently Asked Questions (FAQ)
Do I need to send my sealing order to the Board of Nursing?
While a sealed record generally allows you to deny past proceedings, you must keep certified copies of your court order ready. If the FBI fingerprint check reveals the incident, providing the certified sealing order immediately proves you acted in good faith and prevents allegations of application fraud under Nev. Rev. Stat. § 632.320.
What if my record is expunged in another state?
Nevada generally respects out-of-state expungements. If a judge in California completely expunged your record, you typically enjoy similar protections, but you should have a Nevada lawyer review the exact wording of the out-of-state order.
Will a dismissed charge still show up on my nursing background check?
Yes. A dismissal ends the criminal case, but the record of the arrest remains visible on the FBI fingerprint check until a judge formally seals it.
What form do I use to get my current Nevada criminal history?
Before starting the sealing process, you or your attorney must request your official history using a Form DPS-006, Nevada, Department of Public Safety, Request for Nevada Criminal History.
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