Can you be a nurse (RN/LPN) with a felony?

The rules

• State boards of nursing decide, and national guidance tells them to review criminal history case by case rather than apply a blanket bar.^1,2

  NCSBN's Criminal Background Check (CBC) Guidelines tell boards to gather all information on an applicant's criminal history and weigh the nature and seriousness of the crime, its relationship to nursing, the time since the last offense, and the applicant's conduct since. The only automatic outcome the guidelines name is denial where the board identifies predatory sexual behavior. NCSBN's CBC FAQ says boards 'will undertake a case-by-case review of the nature of the criminal history' and that all boards ask applicants about past criminal history.

• A felony conviction (or guilty finding or agreed disposition) disqualifies you from a multistate nursing license under the Nurse Licensure Compact, but the compact does not control single-state licenses.^3,4

  Nurse Licensure Compact Article III(c)(7) requires that a multistate applicant 'has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.' Article III(c)(8) adds misdemeanors related to nursing, decided case by case. Article III(f) says the compact does not affect a state's requirements for a single-state license, so a home-state-only license may still be available.

• Expect a fingerprint-based state and federal criminal background check; boards see your record whether or not you disclose it.^2,4

  Submitting to state and federal fingerprint-based background checks is a uniform requirement for a multistate license (NLC ULRs), and NCSBN notes that 'rap back' systems let law enforcement notify boards of later arrests of licensees. Not disclosing a conviction can itself be grounds for denial or discipline (see the California and Florida examples).

• Certain convictions trigger a federal exclusion of at least 5 years from Medicare, Medicaid and other federal health programs, which makes most health care employers unable to hire you even if a state licenses you.⁵

  HHS OIG must exclude people convicted of program-related crimes (Medicare/Medicaid fraud), patient abuse or neglect, felony health care fraud, theft or financial misconduct, and felony controlled-substance offenses (manufacture, distribution, prescription or dispensing), each for a minimum of 5 years. No federal program payment is made for items or services an excluded person furnishes, and employers who hire excluded people can face civil money penalties.

• There is no single national rule, but several states have 'fair chance' licensing laws that limit boards to convictions related to the job and require them to weigh rehabilitation.^6,7,8,9

  Examples: New York Correction Law 752 bars denying a license because of a prior conviction unless there is a direct relationship to the license or an unreasonable risk, and section 753 lists factors (time elapsed, age at the offense, seriousness, rehabilitation) and makes a certificate of relief from disabilities or good conduct a presumption of rehabilitation. California's AB 2138 (Business and Professions Code 480, operative July 1, 2020) generally limits boards to convictions within seven years of the application (except serious felonies and offenses requiring sex-offender registration under Penal Code 290(d)(2)-(3)) and bars denials based on dismissed convictions or arrests. Pennsylvania's Act 53 of 2020 bars boards from denying licenses on vague 'good moral character' or 'moral turpitude' grounds, has each board publish a schedule of offenses (marking which are directly related), requires an individualized assessment for offenses not on the schedule, and offers preliminary determinations.

• Several states let you ask the board, before you enroll or apply, whether your record is likely to make you ineligible.^9,10,11,12

  Texas: a person enrolled in or planning to enroll in a nursing program can petition the Board of Nursing for a declaratory order of eligibility (22 TAC 213.30, implementing Occupations Code 301.257 and Chapter 53 Subchapter D). Oregon: the State Board of Nursing offers a $75 predetermination for CNA, LPN, RN and APRN applicants (OAR 851-001-0111), though it is not a final determination. Pennsylvania: Act 53 lets you request a preliminary determination from a licensing board for $45 (waivable), to be issued within 45 days. Not every state offers this; Florida's Board of Nursing says its staff 'cannot make determinations in advance.'

What can stand in the way

• Mandatory denials or waiting periods for specific offenses in some states.^13,14

  Texas must deny licensure for offenses listed in Occupations Code 301.4535(a), and a person is not eligible until at least five years after successfully completing and being dismissed from community supervision or parole for such an offense. Under Occupations Code Chapter 108, Subchapter B, the Texas BON must also deny anyone required to register as a sex offender, anyone previously convicted of or placed on deferred adjudication for a felony involving the use or threat of force, and anyone with certain assault or sexual-assault offenses committed against a patient while licensed as a health care professional; Chapter 108 governs when such a person can reapply. Florida must refuse a license for felonies under its Medicaid, fraud and drug chapters (ch. 409, 817, 893) unless the sentence and probation ended more than 15 years (first/second-degree), 10 years (third-degree) or 5 years (third-degree drug possession under s. 893.13(6)(a)) before applying, and for felonies under federal drug and Medicare/Medicaid laws unless they ended more than 15 years before (s. 456.0635(2)(a)-(b)). Being on the HHS-OIG exclusion list is also disqualifying (s. 456.0635(2)(e)).

• Being in prison after a felony conviction or revocation automatically ends a Texas nursing license.¹³

  Under Occupations Code 53.021(b), as applied by the Texas BON, a license is revoked by operation of law on imprisonment following a felony conviction or a revocation of felony community supervision, parole or mandatory supervision.

• Deferred adjudication and expunged or dismissed convictions may still have to be reported and can still count.^8,13,15

  The Texas BON treats deferred adjudication as reviewable even if successfully completed. California's BRN tells current licensees to report convictions that were set aside or dismissed (Penal Code 1000 or 1203.4) and even expunged convictions, and says failing to disclose may be grounds for discipline. For new applicants, California's fair chance law bars denying a license based on a conviction dismissed under Penal Code 1203.4 and similar provisions (see the California AB 2138 summary).

• Offenses that boards treat as most serious: predatory sexual conduct, violence or abuse, crimes against patients or vulnerable people, drug distribution, and fraud or theft.^1,5,15

  NCSBN guidance names predatory sexual behavior as a reason to deny. California's BRN lists assaultive or abusive conduct, theft or dishonesty, failure to meet mandatory reporting duties, and offenses requiring Penal Code 290 registration as substantially related to nursing (16 CCR 1444). Federal exclusion targets patient abuse, health care fraud and felony controlled-substance offenses.

Waivers and exceptions

• Rehabilitation evidence can win approval, sometimes with conditions such as probation on the license.^10,12

  Texas's declaratory-order rule lets the board approve licensure without conditions, approve with probationary conditions or restrictions, or deny. Florida's Board of Nursing says evidence of rehabilitation is important to board members and that denied applicants receive an Intent to Deny order they can appeal.

• Arrests that didn't lead to a conviction generally can't be held against you in the states checked.^8,13,15

  The Texas BON says an arrest alone will not be used as grounds for sanction, though it may still consider evidence of the underlying conduct from its own investigation (22 TAC 213.28(l)). California's BRN says you only need to report an arrest if you were convicted, and California law bars boards from denying a license over an arrest that ended in a disposition other than a conviction.

• In New York, a certificate of relief from disabilities or certificate of good conduct creates a presumption of rehabilitation.⁷

  Correction Law 753(2) requires the licensing agency to give effect to the certificate for the offenses it covers.

• Florida's mandatory drug/fraud bar does not apply after a completed pretrial diversion or drug court program where the plea was withdrawn or charges dismissed.¹⁴

  s. 456.0635(2)(a) exception; the time-based bars also end once the stated number of years has passed since the sentence and probation ended.

How states handle it

Mostly state: each state's board of nursing decides, under its own nurse practice act and any state fair chance licensing law. The national pieces are the Nurse Licensure Compact's felony bar for multistate licenses and federal health program exclusions. Always check the rules of the specific state board where you plan to apply.

• Texas

  The Texas Board of Nursing reviews felonies and moral-turpitude misdemeanors directly related to nursing (including deferred adjudication) using published factors, must deny for offenses listed in Occupations Code 301.4535 and under Chapter 108 (including any felony involving the use or threat of force and sex-offender registration), and lets prospective students petition for a declaratory order of eligibility before enrolling. A denied petitioner generally must wait three years to re-petition.¹⁰

• California

  The California BRN looks at whether a conviction is substantially related to nursing (16 CCR 1444) and weighs rehabilitation factors; under California's fair chance law, boards generally may consider only convictions within seven years of the application, with exceptions for serious felonies and certain sex offenses, and may not deny based on dismissed convictions or arrests.¹⁵

• Florida

  Florida's Board of Nursing reviews each application on its own merits, requires violent crimes and repeat offenses to be presented to the Board, and won't pre-clear offenses; Florida law separately requires denial for certain drug, fraud and Medicaid-related felonies until 5 to 15 years after the sentence and probation end.¹²

• New York

  New York's State Education Department says a prior conviction does 'not necessarily' prevent a nursing license and decides case by case; New York's Correction Law Article 23-A limits denials to convictions with a direct relationship to the license or an unreasonable risk.¹⁶

What to do next

1. Get your full criminal record (state and FBI) and the court dispositions for every case, so you know exactly what a fingerprint check will show and whether each case ended in a conviction, a dismissal, deferred adjudication or an expungement.
2. Find the board of nursing for the state where you want to be licensed and read its criminal-history page and rules; check whether any of your offenses appear on a mandatory-denial list or carry a waiting period.
3. Before you pay for nursing school, ask whether that board offers a pre-application or preliminary determination (for example Texas's declaratory order, Oregon's predetermination, or Pennsylvania's Act 53 preliminary determination). If it does, use it.
4. Check whether your state has a fair chance licensing law (such as New York Correction Law Article 23-A, California B&P 480 or Pennsylvania Act 53) and what it lets the board consider.
5. If you have a health care fraud, patient abuse or felony drug-distribution conviction, check the HHS-OIG exclusion list and exclusion rules, because exclusion can block employment even with a license.
6. Gather rehabilitation evidence: proof that probation, fines and restitution are done, treatment records if relevant, employment history, recommendation letters, and any certificate of rehabilitation or relief.
7. Disclose every conviction the application asks about, exactly as asked; non-disclosure is a separate ground for denial in many states.
8. If you plan to work in several states, note that a felony rules out a multistate compact license, so plan around a single-state license.

Where to ask

• NCSBN Criminal Background Check Guidelines

  How national guidance tells boards to weigh criminal history.

• Texas BON declaratory order rule (22 TAC 213.30)

  Ask the Texas board about eligibility before or during nursing school.

• Oregon State Board of Nursing predetermination

  $75 advance opinion for CNA, LPN, RN and APRN applicants.

• Pennsylvania Act 53 preliminary determinations

  How to ask a Pennsylvania licensing board whether a conviction is directly related.

• HHS-OIG exclusion authorities

  Which convictions lead to exclusion from federal health programs.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.