Yes, people with criminal records can be nurses in Texas. There are active nurses throughout the state with criminal records. However, certain categories of crimes can prevent individuals from becoming a nurse and will suspend active nursing licenses. Additionally, other crimes, while not prohibitive, can subject individuals to disciplinary action by the Texas Board of Nursing. Learn more.
- What disqualifies you from being a nurse in Texas? Criminal convictions for Murder, and most forms of Sexual Assault, Aggravated Assault and Robbery can bar nursing licensing in Texas. Other disqualifications include criminal convictions and Deferred Adjudication probation for felonies, assaultive offenses, and crimes of moral turpitude including Fraud and Theft. The nursing board has some disciplinary discretion with many offenses but is particularly concerned with crimes directly related to nursing. Learn more.
- Can I work as a nurse if I have a criminal record in Texas? Yes, individuals with criminal records can continue as nurses in Texas as criminal offenses do not always require suspension. The nursing board has the option to impose disciplinary action, like mandated counseling, in response to many criminal offenses. However, aggravated felonies and assaultive offenses can result in blanket suspension.
HOW FAR BACK DO NURSING BACKGROUND CHECKS GO IN TEXAS?
A nursing background check in Texas reviews a candidate’s entire criminal history to determine eligibility. All criminal cases, including dismissed offenses, will appear on the background check, regardless of date. However, the Texas Board of Nursing will be unable to see an expunged criminal offense. Learn more.
- Does Texas Board of Nursing do background checks on renewal? Yes, the Texas Board of Nursing conducts background checks prior to renewing a nursing license. Nurses like many other professional license holders are subject to background checks at regular intervals throughout their careers.
- Can you get blacklisted from nursing in Texas? Yes, certain offenses require absolute suspension and refusal of licensure for nurses in Texas, including murder, sexual assault, and other violent felonies. Additionally, Texas law permanently prohibits licensing to registered sex offenders, and persons convicted or placed on Deferred Adjudication for a felony involving the use or threat of force, or sexual offenses against their patient. Learn more.
CAN YOU BE A NURSE WITH A DUI IN TEXAS?
A DUI will not prohibit an individual from becoming or remaining a nurse in Texas. However, the nursing board can impose severe disciplinary proceedings and require alcohol and drug treatment, among other consequences, for nurses with DWI’s in Texas. Learn more.
- What happens if a nurse fails a drug test in Texas? Nurses whose employers require drug testing can jeopardize their employment with just one drug test failure. Additionally, the Texas Board of Nursing can impose increased penalties, including suspension, for failed drug tests by nurses already subject to disciplinary proceedings.
- How does the Nursing Board find out about a DUI? The Texas Board of Nursing conducts criminal background checks at regular intervals for all nurses in Texas. Additionally, nurses are required to report any DWI convictions to the state board. Learn more.
CAN YOU BE A NURSE WITH A CLASS C MISDEMEANOR IN TEXAS?
Although many Class C misdemeanors carry no consequences for Texas nurses, certain Class C offenses, including Assault-Contact and Theft less than $100 will trigger disciplinary action and can even result in a license suspension. The Texas Board of Nursing has wide latitude with disciplinary actions and requires strict compliance with all relevant conditions. Learn more.
- What charges can stop you from being a nurse in Texas? Charges that can prevent a person from being a nurse include convictions and Deferred Adjudication for felony offenses involving the use or threat of force, and sexual offenses against a patient. Additionally, nurses who commit the offense Injury to Child against a patient, and registered sex offenders are also prevented from being a nurse. Learn more.
- What are considered crimes of moral turpitude? Crimes of moral turpitude is a descriptor for a general category of crimes that the law considers reflective of an immoral and dishonest character, such as crimes of fraud, theft, and domestic violence offenses. Crimes of moral turpitude can trigger severe disciplinary consequences for Texas nurses and can lead to nursing license suspension in some cases.
CAN I BE A NURSE IN TEXAS WITH A FELONY?
Yes, many felonies offenses will not prevent individuals from licensing as a nurse in Texas, except for most sexual offenses, and felonies involving the use or threat of force. However, the Texas Board of Nursing has the discretion to temporarily suspend licenses due to other felonies and can require certain conditions before a license is reinstated. Learn more.
- Can a felon work in a hospital in Texas? Texas law does not prohibit a hospital from hiring convicted felons. There are specific laws that can prohibit employment due to criminal convictions. For example, persons convicted of health care fraud, certain embezzlement or financial misconduct offenses, or offenses relating to neglect or abuse of patients may be prohibited from working in a hospital in any capacity.
- Can I become a CNA with a felony in Texas? Yes, many felony convictions will not bar people from becoming a CNA in Texas. However, some felonies may require a 5-year waiting period before licensing. Also, persons with felony convictions or deferred adjudication for felony crimes of violence, sexual offenses, and abuse or neglect of children, elderly individuals, or patients can be prohibited from becoming a CNA in Texas.
- Can a felon work in a nursing home in Texas? Felons are not prohibited from ever working in a nursing home in Texas. However, certain individuals with convictions related to health care fraud or financial embezzlement, and abuse or neglect of patients can be prohibited from working in a nursing home.
CAN YOU STILL BE A NURSE WITH A CRIMINAL RECORD IN TEXAS?
Yes, persons with criminal records can still be nurses in Texas. However, some criminal offenses may result in disciplinary proceedings from the Texas Board of Nursing, including drug and alcohol rehab. Additionally, certain criminal offenses such as felony crimes of violence, sexual assault, and abuse of children or elderly can bar an individual from being a nurse. Learn more.
- Can I apply for nursing with a criminal record in Texas? Yes, people with criminal records can apply for nursing in Texas. There may be a required 5-year waiting period for certain felonies. Additionally, certain aggravated felonies of violence, sexual offenses, and abuse of children offenses can prohibit an individual from applying for nursing in Texas. Learn more.
- How long does a background check last in Texas? A background check in Texas will look into an individual’s entire criminal history with no particular concern for time or date. All offenses are subject to review by the Texas Board of Nursing when they are determining licensing or renewal. Learn more.
HOW ARE SANCTIONS HANDLED THAT ARE ORDERED AGAINST A NURSE BY THE TEXAS BOARD OF NURSING?
The Texas Board of Nursing is afforded wide latitude in imposing sanctions and disciplinary consequences for Texas nurses. The nursing board expects strict compliance with all provisions and requirements in these instances. Nurses who fail to live up to these provisions can have their license revoked or renewal denied.
- Why would a nurse get suspended in Texas? A nurse can be suspended in Texas following a conviction or Deferred Adjudication for a felony crime of violence, sexual offenses, and offenses involving abuse of children. Nurses who are required to register as a sex offender are also suspended in Texas. Additionally, nurses who don’t comply with board disciplinary proceedings can also have their licenses revoked.
- What is an example of a misdemeanor in nursing? Examples of misdemeanors that can trigger disciplinary action for Texas nurses include Assault, DWI, and Theft. While these offenses may not require license suspension, Texas nurses must abide by all disciplinary requirements, including counseling or rehab, or risk losing their license. Learn more.
WHAT OFFENSES GO ON A CRIMINAL RECORD IN TEXAS?
All criminal arrests, Deferred Adjudications, probations, Deferred Dispositions, convictions and dismissals go on criminal records for Texas nurses. The Texas Board of Nursing will factor the entirety of a criminal record when determining licensing or renewal. However, expunged offenses will not be available for the board’s review. Learn more.
- What is crime in nursing? Texas law maintains a list of crimes it considers directly related to the practice of nursing, and sets forth that violations of these offenses can subject individuals to licensing disciplinary proceedings, and mandatory suspension in some instances. This list of criminal offenses is below.
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Disciplinary Guidelines for Criminal Conduct
| OFFENSE | PENALTY F = Felony M=Misdemeanor |
PENAL CODE SECTION (or Crim. Pro. ch. 62) |
NOTES |
|---|---|---|---|
| *Abandonment/ Endangerment of a Child | F | 22.041 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Agree to Abduct Child for Remuneration: Younger than 18 | F | 25.031 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Aiding Suicide: Serious Bodily Injury/Death | F | 22.08 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Assault, Aggravated | F | 22.02 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Attempt, Conspiracy, or Solicitation of ch. 62 offense | F, M | ch. 62 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Burglary (if punishable under Penal Code §30.02(d) and ch. 62 offense) | F | ch. 62 (§62.001(5)(D)) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Capital Murder | F | 19.03 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Child Pornography, Possession or Promotion | F | 43.26(a),(e) (ch .62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Continuous Sexual Abuse of Young Child or Disabled Individual | F | 21.02 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Indecency w/Child | F | 21.11 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Indecent exposure x 2, if meets ch. 62 requirements |
M | 21.08 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Injury to Child/Elderly/Disabled | F | 22.04 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Kidnapping | F | 20.03, 20.04 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Manslaughter | F | 19.04 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Murder | F | 19.02 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Offenses for Which Registration as a Sex Offender is Required Under Ch. 62 | F, M | §62.001(5) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Online Solicitation of a Minor | F | 33.021(b),(c), (f); (ch. 62) |
If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Prostitution, Compelling | F | 43.05 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Protective Order, Violation | F | 25.07, 25.071 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Robbery | F | 29.02 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Robbery, Aggravated | F | 29.03 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Sale or Purchase of a Child | F | 25.08 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Sexual Assault | F | 22.011 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Sexual Assault, Aggravated | F | 22.021 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Sexual Conduct, Prohibited | F | 25.02 (ch. 62) | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Sexual Performance by Child | F | 43.24(d), 43.25(b), (ch. 62) |
If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| *Unlawful Restraint | F | 20.02 | If on or after September 1, 2005, revocation/denial of licensure is required by Tex. Occ. Code §301.4535. |
| Aggravated Perjury: Offense Against Public Administration that involves knowingly engaging in deceptive and dishonest conduct by making a false statement in connection with an official proceeding. | F | 37.03 | |
| Arson: Offense Against Property that involves intent to destroy or damage property and involves knowledge that financial or personal harm may result and/or includes the reckless endangerment of a person’s life or safety. |
F | 28.02(d) | |
| Assault: Offense Against the Person that involves intentionally, knowingly, or recklessly causing bodily injury to another person. | F | 22.01 | |
| Bribery: Offense Against Public Administration that involves intentionally or knowingly conferring, agreeing to confer, soliciting, or accepting benefits as consideration for a person’s vote, decision, or recommendation. | F | 36.02 | |
| Burglary: Offense Against Property that involves entering another’s property with intent to commit theft or harm to another person. | F | 30.02 | |
| Burglary of Vehicles: Offense Against Property that involves breaking into a vehicle with the intent to commit a felony or theft. | F | 30.04 | |
| Credit Card or Debit Card Abuse: Offense Against Property that involves an intent to obtain a benefit fraudulently through the use of a credit or debit card that is expired or revoked, has not been issued to him/her, and/or without the consent of the cardholder. | F | 32.31 | |
| Criminal Attempt or Conspiracy: Inchoate (Preparatory) Offense for an offense listed in Guidelines. | F | 15.01, 15.02 | |
| Criminally Negligent Homicide: Offense Against the Person that involves behavior where the offender engages in conduct that falls below the standard required of ordinary people and a death results. | F | 19.05 | |
| Cruelty to Animals: Offense Against Public Order and Decency that involves the intentional or knowing infliction of torture on, neglect of, or unreasonable abandonment of a domesticated or captured animal. | F | 42.09 | |
| Driving While Intoxicated Offenses. Offenses Against Public Health, Safety, and Morals that by the repetitiveness of the conduct indicates a possible issue with substance abuse or chemical dependency which may affect the nurse’s ability to safely perform his/her duties and/or threaten public safety. | F | 49.09 | |
| Driving While Intoxicated With Child Passenger: Offense Against Public Health, Safety, and Morals that involves operating a motor vehicle while intoxicated when the vehicle is occupied by a passenger under the age of 15. | F | 49.045 | |
| Drug Violations: Crimes involving drugs that include the possession, misappropriation and misuse of controlled substances as regulated by Chs. 481, 482 and 483, Health & Safety Code. | F | Health & Safety Code Chs. 481, 482, 483 | |
| Evading Arrest or Detention: Offense Against Public Administration that involves intentionally fleeing from a known police officer or federal investigator who is lawfully attempting to detain or arrest him/her. | F | 38.04 | |
| False Report or Statement: Offense Against Property that involves intentionally or knowingly making a false material representation to obtain money or property. | F, M | 32.32, 42.06 | |
| Forgery: Offense Against Property that involves an intent to defraud or harm another. | F, M | 32.21 | |
| Fraudulent Destruction, Removal, or Concealment of Writing: Offense Against Property that involves an intent to defraud or harm another through the destruction, removal, concealment, substitution, or alteration of a writing that impairs the use of the writing. | F, M | 32.47 | |
| Fraudulent Use of Possession of Identifying Information: Offense Against Property that involves an intent to defraud or harm another through the possession, transfer, or use of another person’s identifying information without consent. |
F | 32.51 | |
| Hindering Apprehension or Prosecution: Offense Against Public Administration that involves intentionally hindering the arrest, prosecution, conviction, or punishment of another person by harboring, concealing, aiding, or warning the other person. | F | 38.05 | |
| Improper Photography or Visual Recording: Offense Against the Person that involves engaging in the secret photography of another person for purposes of sexual gratification. | F | 21.15 | |
| Improper Relationship between Educator and Student: Offense Against the Person that involves a teacher engaging in sexual contact with a primary or secondary school student. |
F | 21.12 | |
| Insurance Fraud: Claim › $500: Offense Against Property that involves the intent to defraud or deceive another of at least $500 by using information known to contain false or misleading material information. |
F | 35.02(c) | |
| Insurance Fraud: Claim ≤ $500: Offense Against Property that involves an intent to defraud or deceive another by using information known to contain false or misleading material information, which by its own definition is deemed unprofessional or dishonorable conduct as defined in TOC §301.452(b)(10). | M | 35.02 (c)(1)-(3) | |
| Interference with Emergency Request for Assistance | F | 42.062 | |
| Intoxication Assault: Offense Against Public Health, Safety, and Morals that causes serious bodily injury to another person due to the person’s own intoxicated state while operating a vehicle, aircraft, or amusement ride. |
F | 49.07 | |
| Intoxication Manslaughter: Offense Against Public Health, Safety, and Morals that causes the death of another person due to the person’s intoxicated state while operating a vehicle, aircraft, or amusement ride. | F | 49.08 | |
| Medicaid Fraud > $1500: Offense Against Property that involves knowingly making a false material representation with the intent of recovering Medicaid payments of at least $1500.00. The offense may also involve seeking certification of a hospital, a nursing facility, skilled nursing facility, hospice, an intermediate care facility for the mentally retarded, assisted living facility, or a home health agency. See Note At End of Document. |
F | 35A.02(b)(4)-(7) | |
| Medicaid Fraud < $1500: Offense Against Property that involves knowingly making a false material representation with the intent of recovering Medicaid payments of less than $1500.00 which would not be authorized but for the misrepresentations. The offense may also involve seeking certification of a hospital; a nursing facility, skilled nursing facility; hospice; an intermediate care facility for the mentally retarded; assisted living facility; or a home health agency. See Note At End of Document. |
M | 35A.02(b)(2)-(3) | |
| Misapplication of Fiduciary Property or Property of Financial Institution: Offense Against Property that involves an intentional, knowing, or reckless misapplication of property that he/she holds as a fiduciary for a financial institution. | F, M | 32.45 | |
| Money Laundering ≥ $1500: Offense Against Property that involves knowingly engaging in a criminal enterprise to conceal, invest or possess at least $1500.00 known to be the proceeds of illegal activity. |
F | 34.02(e)(1)-(4) | |
| Obscenity, Participates/Wholesale Promotion: Offense Against Public Order and Decency that involves the intent to wholesale promote any obscene material, obscene device, or activity. | F | 43.23 | |
| Obstruction or Retaliation: Offense Against Public Administration that involves intentionally or knowingly harming or threatening to harm another in retaliation for that person’s lawful report of a crime or status as a witness, informant, or public. |
F | 36.06 | |
| Perjury: Offense Against Public Administration that involves making a false statement under oath with the intent to deceive. | M | 37.02 | |
| Prohibited Substances and Items in Correctional Facility: Offense Against Public Administration that involves possessing and/or providing prohibited substances to a person confined in a correctional facility. | F | 38.11 | |
| Prohibited Weapon: Offense Against Public Health, Safety, and Morals that involves the intentional or knowing possession, manufacture, transport, repair, or sale of restricted weapons. | F | 46.05 | |
| Prostitution, Prostitution or Promotion of, or Aggravated Promotion: Offense Against Public Order and Decency involving offering/repeatedly offering to engage in sexual conduct for a fee or promoting others to engage in sex for a fee. | F | 43.02, 43.04 | |
| Resisting Arrest, Use of Deadly Weapon: Offense Against Public Administration that involves using a deadly weapon against another person. | F | 38.03(d) | |
| Securing Execution of Document by Deception: Offense Against Property that involves an intent to defraud or harm another by deception by causing another person to sign, execute, or file a document that affects the person’s property or pecuniary interests. | F, M | 32.46 | |
| Stalking: Offense Against Public Order and Decency that involves a person knowingly engaging in repetitive conduct that is intended to be threatening in nature and imposing a fear of bodily injury or death on another person. | F | 42.072(b) | |
| Tampering with Government Record: Offense Against Public Administration that requires an intent to defraud or harm another by destroying or falsifying a government record. | F, M | 37.10 | |
| Tampering With or Fabricating Physical Evidence: Offense Against Public Administration that involves altering, destroying, concealing, or falsely presenting a record with the intent to impair its use or availability during an investigation or proceeding and/or alter the outcome of the investigation or proceeding. | F, M | 37.09 | |
| Tampering with Witness: Offense Against Public Administration that involves coercing or offering, conferring, or agreeing to confer a benefit on a witness or potential witness with the intent to influence the witness to provide false testimony, to withhold testimony, or to elude the legal process. |
F | 36.05 | |
| Terroristic Threat: Offense Against Persons that involves threatening violence to persons or property. | F, M | 22.07 | |
| Theft ≤ $1499: Offense Against Property that involves an intent to deprive person of his/her property without his/her consent. | M | 31.03(e)(1) – (3) | |
| Theft ≥ $1500: Offense Against Property that involves an intent to deprive person of his/her property without his/her consent. | F | 31.03(e)(4)-(7) | |
| Theft of Service: Offense Against Property that involves an intent to avoid payment for services and intentionally or knowingly secures the services by deception, threat, diversion, or false token. |
F, M | 31.04 | |
| Trafficking of Persons: Offense Against the Person that involves knowingly trafficking another person with the intent that the other person engage in forced labor or services and/or trafficking another person and causing the person to engage in certain criminal acts through fraud, coercion, or force. | F | 20A.02 | |
| Vehicle, Unauthorized Use: Offense Against Property that involves an intentional or knowing act to deprive a person of his/her vehicle without his/her consent. | F | 31.07 | |
| Violation of Civil Rights of Person in Custody/Improper Sexual Acts With a Person In Custody: Offense Against Public Administration that involves intentionally denying or impeding a another person in custody at a correctional facility a lawful right, privilege, or immunity and/or engaging in sexual conduct with a person in custody at a correctional or youth facility. | F | 39.04 |
* In accordance with Texas Occupations Code §301.4535, licensees or applicants for licensure receiving judicial orders for these designated offenses on or after September 1, 2005, shall not be licensed, shall be revoked, and/or shall not be renewed and not considered for re-licensure until at least the fifth anniversary following release from probation or community service has occurred. This does not prevent a nurse or applicant for licensure from exercising any right or privilege to have a formal hearing as established by virtue of Texas Occupations Code §301.454(c)
**In accordance with Texas Occupations Code Chapter 108, Subchapter B, the Board is required to deny or revoke, as applicable, the license of an individual who: (A) is required to register as a sex offender under the Code of Criminal Procedure Chapter 62; (B) has been previously convicted of or placed on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force; or (C) has been previously convicted of or placed on deferred adjudication community supervision for the commission of an offense: (i) under the Texas Penal Code §§22.011, 22.02, 22.021, or 22.04 or an offense under the laws of another state or federal law that is equivalent to an offense under one of these sections; (ii) committed when the individual held a license as a health care professional in this state or another state and in the course of providing services within the scope of the individual’s license; and (iii) in which the victim of the offense was a patient of the individual. An individual’s eligibility for reapplication or reinstatement of licensure will be governed by the Texas Occupations Code Chapter 108, Subchapter B.
Note: Licensees may be excluded from working in various federally-funded facilities for convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance Loans. The Office of Inspector General states that “[n]o payment will be made by any Federal health care program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States (other than the Federal Employees Health Benefits Plan). For exclusions implemented prior to August 4, 1997, the exclusion covers the following Federal health care programs: Medicare (Title XVIII), Medicaid (Title XIX), Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX) and State Children’s Health Insurance (Title XXI) programs.” For more information, see http://www.oig.hhs.gov/fraud/exclusions/aboutexclusions.html, and 1 Tex. Admin. Code §§371.1655 & 371.1657 (mandatory and permissive exclusions from Medicaid and Title V, XIX, XX, and CHIP programs by the Texas Health and Human Services Commission, Office of Inspector General).
The Board’s recommendation regarding licensure is independent of any decision by an employer or potential employer to hire a person with a criminal history.
