The Department of Health or State Board of Nursing manages the certification and registration of nurse aides in most states. The process of applying for certification varies by state. However, most states require applicants to complete an accredited training program, pass the nurse aide evaluation, and clear a criminal background check before issuing a license. Although you can complete training and testing in a matter of weeks in some jurisdictions, the criminal background check can prolong the approval process. According to federal regulations, state boards must complete this vital step for all applications to promote public safety.
If you want to become a certified nursing assistant, a background check could disqualify you if you have a prior felony conviction. However, there is some hope as most states handle positive hits on a case-by-case basis. Your state board, must by law, issue a Denial of Licensure Notice if you’re guilty of one of several serious crimes, but you can apply for an exemption for all other issues. The following points will answer some of your questions about the application process. It is always best to gather all the information needed to know where you stand before investing time and money into your nurse aide education only to discover that you cannot practice.
Related: CNA Classes by State
How Having a Criminal Conviction Could Affect Your Nurse Aide Application
Many healthcare employers must, by law, request a criminal background check to ensure patient safety. A criminal conviction, whether felony or misdemeanor, will trigger the need for a further investigation of your application.
Like any employer, the Department of Health or Board of Nursing that grants nurse aide certification will require a background check as part of the process. Be mindful of this before applying for the CNA program. Acceptance in and completion of a nurse aide class does not guarantee receipt of a certificate to practice. The licensing authority will conduct state and federal criminal background checks, and their decision will determine your future in patient care.
As a prospective nurse aide, you will need to evaluate your position based on information provided by the certifying authority and decide on the futility of moving forward with the process. According to the Illinois Board of Nursing, 90 percent of applicants with convictions who are otherwise qualified for certification are certified to practice as nurse aides.
Some convictions result in automatic disqualification of certification. Although there are some variations by state, common convictions that result in denial of licensure include:
- Murder, voluntary manslaughter, or mayhem
- Assault with intent to kill or to commit sexual assault or mayhem
- Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony
- A crime involving domestic violence that is punished as a felony or misdemeanor;
- Abuse or neglect of a child or contributory delinquency;
- A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug
- Abuse, neglect, exploitation or isolation of older persons or vulnerable persons,
- Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property
- Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or another deadly weapon
Convictions That Do Not Impact Your Application for Nurse Aide Certification
You may be eligible for certification if your conviction is expunged, sealed, vacated, or reversed. Some crimes committed as a juvenile may be exempt. It may not be necessary to disclose the details of a sealed, reverse, vacated, or expunged record to a CNA or nursing program administrator. Check with your Board of Nursing’s requirements for your state to understand how it applies to you. A reminder: disclose all convictions to the Board of Nursing and be guided by them for your application for nurse aide or nursing schools.
CNA Background Check Requirements
A good starting point would be to determine what’s actually on your record. Conduct a background check of your own to contact the court where the conviction was upheld to request a copy of the records. If you go the route of the background check, you should use the same source that your state Board of Nursing will use. Do not use the quick background check offered by online agencies. The results may be faster but the reports are not nearly as complete as the one requested by the Board of Nursing. Your background check must include a check of local law enforcement as well as the Federal Bureau of Investigation.
A CNA background check could take a few days or a few weeks. Some of the steps involved are outlined below:
Submission of a completed background check application: The application will include fields for your personal information such as your full name, date of birth, current and previous addresses, Social Security number, and employment and education history.
Completion and submission of live fingerprints: Your next step requires visiting a designated facility to obtain a copy of your fingerprints using an electronic scan. The fingerprint report is then submitted to the Federal Bureau of Investigation (FBI) for a search of their database. The results of this search go directly to the Board of Nursing when they initiate the background check.
Completion of a SORI check: Some states require nurse aides to complete a check of the Sex Offender Registry Information to determine if the applicant is a registered sex offender. There may be other state-specific checks that are required based on your locality.
Reviewing your records: After the Board of Nursing receives all your relevant records, they will review the information and decide on your eligibility for certification. They may schedule one or several hearings where you may present your case to a panel and submit any required documents.
What The Department of Health Considers On Your Nurse Aide Application
The Board of Nursing or Department of Health will consider several factors before issuing nurse aide certification. Finally, the Board will review your efforts to rehabilitate. Any documents you can submit to demonstrate that you will not repeat those acts that led to your conviction will work in your favor.
The type of offense
The type of conviction, as mentioned previously, is a key determinant. If you’ve committed crimes against the vulnerable population, such as seniors and disabled members of society, your chances may not be favorable. The possession and use of controlled substances may also be cause for concern. In Illinois, an offense requiring registration under the Sex Offender Registration Act results in immediate disqualification from certification while burglary and manslaughter do not result in an automatic bar from licensure.
The time of the offense
The timeframe between your conviction and application for a license is another factor the Board considers. Crimes committed within one to five years of your application will raise a red flag to the Board. The timeframe varies by state. In addition to the time that has elapsed since the offense, the Board may also consider your age when you committed the crime. For juvenile offenses, you may be able to expunge or seal the case with a lawyer’s assistance.
Your attempts to rehabilitate
Evidence that demonstrates remorse and rehabilitation will send a positive note to the Board. Some supporting documents include:
- Positive references from employers, teachers, community leaders, clergy
- Letter confirming completion of probation or parole
- Evidence of community service or volunteer work
- Documents confirming your successful participation in rehabilitation programs
- A statement of purpose indicating your commitment to change
Provide any documents that will strengthen your case and show your commitment to move forward from your past offenses.
Be Honest – Always
The state’s application for licensure and certification will request details about your history, including:
- Details about any convictions
- Past actions taken against you in another state, including denial of licensure and certification
- Details of mental or physical illness or chemical dependency, which could impair your ability to make sound judgments.
You must provide honest and accurate information on your application for licensure. Disclose all convictions – some may not affect your approval for certification. Don’t try to cover up or make light of any of them as the criminal background check will unearth the details (now or sometime in the future), and it could affect your certification and employment opportunities.
Indicating “yes” to any questions about past convictions does not automatically invalidate your application. The state board will first gather more information and may schedule an administrative proceeding before deciding to grant or deny approval of your application.
Types of Supporting Documentation
Criminal convictions delay the approval of your application for certification. However, there are some things you can do to expedite the process.
Keep the following documentation on hand and be prepared to submit to the board of nursing when requested:
- A certified copy of conviction orders
- Proof that you fulfilled all court ordered requirements (paid fines and restitutions or letter from the probation officer)
- Compose a letter explaining the events that led to the criminal conviction. Stick to the facts only; do not make excuses
- Submit a letter of rehabilitation to indicate the steps you have taken for self-improvement. These include any counseling sessions with dates, recovery programs, letters of recommendations from employers, etc.
The board may approve your application based solely on the documentation provided. If they need additional information, they will schedule an informal fact-finding session before making a final decision. After the hearing, they will either approve the application, approve it with conditions or deny the application.
Also see: CNA Requirements by State
Criminal Convictions and CNA Employment
State laws require operators of nursing homes, hospice programs and assisted living facilities to obtain a criminal background check of new hires within 30 days of employment. Criminal convictions related to instances of abuse or neglect will serve as immediate barriers to employment. Other criminal convictions, such as possession of marijuana, hazing, prostitution and traffic violations may not disqualify you from employment. However, it pays to keep in mind that each employer will have their own policies for approving or denying an application for employment.
If the employer denies your employment application based on your criminal historical record, they must provide you with a copy of the criminal convictions report.
Closing Thoughts
Your conviction remains on your licensure and employment record even if you’ve had your civil rights restored or pardon granted. Therefore, you must reveal your conviction on any application for licensure or employment.
Also see: Financial Aids & Grants for CNA’s
Common Questions Related to CNA Certification and Misdemeanors/Felonies
What are the chances of getting a CNA license if I have a prior conviction?
The nature of the crime committed and the time elapsed are the two main factors that determine your eligibility for nurse aide certification. Almost 90 percent of applicants with a conviction are successful in their application – as long as it is one that the law automatically bans the applicant from licensure.
What should I do if I have a recent conviction but want to pursue a career in patient care?
The time that has elapsed between the conviction and the application is a critical factor in the Board’s decision to certify a candidate. Check with the certifying agency as details vary by state. There’s a strong possibility that you’ll have to wait a while before pursuing your health care goals. During this time, you might want to talk with a lawyer about getting your record expunged and contact a few CNA schools for any advice they can offer. Consider working in another area of healthcare that does not require certification until you’re able to confidently apply for a certification as a nurse aide. Get involved in volunteer work to demonstrate your commitment to change. These are all factors the Board will consider when you eventually apply for certification.
Should I disclose my juvenile conviction to the Board of Nursing?
According to the Illinois Department of Financial and Professional Regulation, convictions that have been sealed, expunged, reversed or vacated do not need to be disclosed to the Board of Nursing if they were committed as a juvenile or an adult. This policy applies in most states.
What crimes will disqualify me from working as a CNA?
Some of the following crimes will affect your application for certification and employment as a nurse aide:
- Elder abuse
- Child abuse
- Sex crimes
- Drug-related crimes
- Violent crimes
- Recent DUIs
- Theft
Inclusion on the List of Excluded Individuals/Entities will disqualify you from working with facilities that contract with Medicare and Medicaid.
How long should a CNA background check take?
Several days to several weeks depending on the nature of the crime committed.