Which felonies permanently disqualify you from being a nurse?

The specific list varies by state, but offenses that are permanently or near-permanently disqualifying in most states include: sexual offenses (especially involving patients, minors, or vulnerable adults), murder and homicide, patient abuse/neglect/exploitation, and healthcare fraud involving Medicare/Medicaid. Being on the OIG Exclusion List (LEIE) effectively bars you from working in most healthcare settings. Some states like Florida have explicit statutory lists of permanently disqualifying offenses.

Does a nursing background check show expunged records?

It depends on the state. Fingerprint-based FBI background checks may still show expunged records because federal databases are not always updated after state-level expungement. However, some states — including California and New Jersey — explicitly prohibit the Board of Nursing from considering expunged or pardoned convictions when making licensing decisions. In California, the BRN cannot consider convictions expunged under Penal Code Sections 1203.4 or 1203.4a. Always check your state's specific rules on expungement and professional licensing.

What is a Declaratory Order, and should I get one before nursing school?

A Declaratory Order (offered in Texas and some other states) is a formal pre-determination of your eligibility for a nursing license. You submit your criminal history, court documents, and rehabilitation evidence to the Board of Nursing, and they issue a ruling on whether you can be licensed. This is strongly recommended before investing $10,000-$50,000+ in nursing education — it prevents you from completing a degree only to be denied licensure. Texas requires a $150 filing fee and the process typically takes 3-6 months.

What is the OIG Exclusion List, and how does it affect nursing?

The OIG (Office of Inspector General) maintains the List of Excluded Individuals/Entities (LEIE). If you are on this list, no employer that participates in Medicare, Medicaid, or any federal healthcare program can hire you — and that covers the vast majority of hospitals, nursing homes, clinics, and home health agencies. OIG exclusion is mandatory for convictions related to Medicare/Medicaid fraud, patient abuse/neglect, felony healthcare fraud, and felony controlled substance offenses. The minimum exclusion period is 5 years, and you must apply for reinstatement.

Can I become a CNA with a felony?

It is possible but faces unique challenges. CNAs primarily work in long-term care facilities that are federally regulated under CMS (Centers for Medicare & Medicaid Services). Federal law prohibits these facilities from employing anyone with substantiated findings of abuse, neglect, or misappropriation on the Nurse Aide Registry, or anyone on the OIG Exclusion List. For other types of felonies, the state CNA certification board reviews applications individually. CNA programs are shorter (4-12 weeks) and less expensive, so less is at risk compared to RN programs.

Do I have to disclose my criminal record on a nursing license application?

Yes. Every state Board of Nursing asks about criminal history on the license application, and virtually all require fingerprint-based background checks. Failing to disclose a conviction is often treated as fraud or dishonesty — which boards consider a serious character issue and grounds for denial even if the underlying conviction itself would not have been disqualifying. Full transparency is consistently recommended by nursing license defense attorneys.

How long after a felony can I apply for a nursing license?

There is no universal waiting period — it varies by state and offense. Some states like Arizona require a minimum of 3 years after completing your entire sentence (including probation, parole, and restitution). Other states have no fixed waiting period but weigh recency heavily in their review. As a general guideline, your chances improve significantly after 5 years with a clean record, and many states view convictions older than 10 years much more favorably. Nevada, for example, allows staff-level approval for single felonies older than 10 years that did not involve moral turpitude.

Which states are most lenient for nursing licensure with a felony?

States that review on a case-by-case basis without automatic permanent bars for most offenses tend to be more favorable. California explicitly cannot consider expunged convictions. Nevada allows staff-level approval for older, non-serious felonies. Six states — Colorado, Wisconsin, Hawaii, New York, New Hampshire, and Maine — historically have not required criminal background checks for nursing licenses (though they may still ask about convictions on the application). However, all Nurse Licensure Compact (NLC) states now require federal and state background checks for multistate licenses.

Can I be a nurse practitioner (NP) with a felony?

It is possible but more difficult. You must first obtain an RN license (which requires clearing the background check), then complete a graduate nursing program, and obtain national certification and APRN licensure — each stage involves additional scrutiny. The biggest additional barrier for NPs is DEA registration for prescribing controlled substances. A felony drug conviction can make obtaining a DEA number very difficult or impossible, which severely limits NP practice. Non-drug felonies are less of a barrier at the NP stage if you already hold an active RN license.

What should I include in my personal explanation letter to the Board of Nursing?

Your letter should include: (1) a straightforward, honest account of the offense without minimizing or blaming others, (2) acceptance of responsibility, (3) specific steps you have taken toward rehabilitation (treatment, education, community service, stable employment), (4) how much time has passed and what your life looks like now, (5) why you want to be a nurse and how you plan to serve patients safely, and (6) references to the character letters and documents you are including. Keep the tone professional and accountable — boards respond negatively to defensiveness or excuse-making.

Can a Felon Be a Nurse?

Last updated: 2026-03-21

It depends on the state and the type of felony. A felony conviction does not automatically disqualify you from becoming a nurse in most states, but certain offenses — especially those involving patient abuse, sexual crimes, drug diversion, and healthcare fraud — can result in a permanent or long-term bar. Each state Board of Nursing reviews applications individually, weighing the nature and severity of the offense, how long ago it occurred, and evidence of rehabilitation. Some states offer a pre-determination process (like Texas's Declaratory Order) that lets you check eligibility before enrolling in nursing school. The biggest federal barrier is the OIG Exclusion List: if you are excluded by the HHS Office of Inspector General, no Medicare- or Medicaid-participating employer can hire you.

You CAN likely get a nursing license if you...

✓Convicted of a non-violent felony (e.g., property crime, financial crime) with completed sentence and evidence of rehabilitation
✓Convicted of a drug possession felony (not trafficking/diversion) — many states allow licensure after treatment and a waiting period
✓Felony conviction occurred 5+ years ago with a clean record since and documented rehabilitation
✓Convicted of a DUI/DWI felony — most states allow licensure, though substance abuse monitoring may be required
✓Record has been expunged or pardoned — in states like California and New Jersey, expunged convictions cannot be used to deny a license
✓Completed a state-approved rehabilitation or diversion program for substance abuse
✓Filed a Declaratory Order or pre-determination petition and received approval from the Board of Nursing

You CANNOT get a nursing license if you...

✗Listed on the OIG Exclusion List (LEIE)
The HHS Office of Inspector General is required by law to exclude individuals convicted of Medicare/Medicaid fraud, patient abuse or neglect, felony healthcare fraud, or felony controlled substance offenses from all federal healthcare programs. While on the LEIE, no Medicare- or Medicaid-participating facility can employ you — which effectively covers nearly all healthcare employers. (42 U.S.C. § 1320a-7)
✗Convicted of patient abuse, neglect, or exploitation
Federal regulations prohibit long-term care facilities from employing anyone found guilty of abuse, neglect, or exploitation of a patient. Most state Boards of Nursing treat these convictions as permanent or near-permanent bars to licensure. (State Nurse Practice Acts / 42 C.F.R. § 483.12)
✗Convicted of a sexual offense requiring sex offender registration
Nearly all states permanently bar individuals convicted of sexual offenses — particularly those involving patients, minors, or vulnerable adults — from obtaining a nursing license. These are considered fundamentally incompatible with the duties of a nurse. (State Nurse Practice Acts)
✗Convicted of murder or first-degree homicide
Most states treat murder and first-degree homicide as permanently disqualifying offenses for nursing licensure, though a small number of states may still review on a case-by-case basis after an extended waiting period. (State Nurse Practice Acts)
✗Listed on the state Nurse Aide Registry with a finding of abuse, neglect, or misappropriation
If you have a substantiated finding of abuse, neglect, or theft of resident property on the state Nurse Aide Registry, you are prohibited from working in a Medicare/Medicaid-certified nursing facility and will likely be denied any nursing license. (42 C.F.R. § 483.156)

Gray areas — it depends on your state and circumstances

Non-violent drug offenses (possession, paraphernalia)

Many states will grant licensure for non-violent drug offenses, especially if significant time has passed (typically 3-5+ years), you have completed treatment, and you can demonstrate sustained sobriety. Some states may require participation in a nurse monitoring/alternative-to-discipline program as a condition of licensure.

Theft, fraud, or financial crimes

These offenses are considered "substantially related" to nursing because nurses have access to medications, patient property, and financial information. However, they are not automatic bars in most states. The board will consider the severity, recency, and whether you have made restitution. Older, lower-level offenses with evidence of rehabilitation have a reasonable chance of approval.

Felony DUI/DWI or multiple DUI convictions

A single DUI rarely blocks licensure, but felony DUI or a pattern of DUI convictions signals substance abuse concerns. Most states will require a substance abuse evaluation and may impose a monitoring agreement (random drug testing, AA/NA meeting attendance) as a condition of your nursing license.

Assault or domestic violence convictions

Simple assault and domestic violence convictions are reviewed case-by-case. The board examines the circumstances, severity, recency, and whether victims were vulnerable adults or children. Convictions involving weapons, serious injury, or vulnerable populations are much harder to overcome.

Convictions older than 10 years

Time is one of the strongest factors in your favor. Many states give significant weight to the passage of time. Nevada, for example, allows board staff to approve applications when a single felony conviction is more than a decade old and did not involve moral turpitude or relate directly to nursing duties. Even states with stricter policies are more lenient with older offenses.

CNA vs LPN vs RN vs NP — How Nursing Type Affects Eligibility

Nursing Type	Difficulty	Details
CNA (Certified Nursing Assistant)	Moderate	CNAs face federal barriers because they primarily work in Medicare/Medicaid-certified long-term care facilities subject to 42 C.F.R. § 483.12. Federal regulations prohibit facilities from employing anyone with findings of abuse, neglect, or misappropriation on the Nurse Aide Registry. State CNA certification requirements also include background checks. However, CNAs have a shorter training path, so less time/money is at risk.
LPN/LVN (Licensed Practical/Vocational Nurse)	Moderate	LPN/LVN licensure is governed by the same state Board of Nursing that handles RNs in most states. The background check and review process is essentially the same as for RNs. Many LPNs work in long-term care, so the OIG exclusion list and federal facility requirements also apply.
RN (Registered Nurse)	Moderate to Difficult	RN licensure requires passing the NCLEX-RN, and every state Board of Nursing conducts a criminal background check before granting the license. RNs have more career flexibility to work in settings not subject to the strictest federal long-term care regulations, but all states evaluate criminal history before issuing the RN license.
NP (Nurse Practitioner) / APRN	Difficult	Advanced practice licensure (NP, CRNA, CNM, CNS) requires an RN license first, plus graduate education and national certification. The background check occurs at the RN stage and again at the APRN stage. Advanced practice roles carry higher scrutiny because of prescriptive authority — especially for controlled substances (DEA registration). A felony drug conviction makes obtaining a DEA number very difficult.

How to Apply — Step by Step

Check your state Board of Nursing's specific rules

Every state has different disqualifying offenses and review processes. Visit your state Board of Nursing website and review their criminal history policies. Look for lists of "permanently disqualifying" vs. "potentially disqualifying" offenses. Some states publish detailed guidance documents.

File a pre-determination petition if available

Some states (notably Texas, Ohio, and others) offer a Declaratory Order or pre-determination process that lets you find out if you are eligible for licensure BEFORE you invest in nursing school. In Texas, you file a Petition for Declaratory Order with the TBON, which reviews your criminal history and issues a formal determination of eligibility.

Check the OIG Exclusion List (LEIE)

Search the HHS OIG exclusion database at exclusions.oig.hhs.gov to confirm you are not listed. If you are on the LEIE, you cannot work for any Medicare- or Medicaid-participating employer. You must apply for reinstatement from OIG before pursuing nursing — the minimum exclusion period is typically 5 years.

Gather rehabilitation documentation

Collect evidence of rehabilitation: completion of sentence/probation/parole, substance abuse treatment records, community service, employment history, educational achievements, and 3-5 character reference letters from employers, professors, community leaders, or clergy who can speak to your personal growth.

Complete nursing education (CNA program, LPN program, or RN/BSN degree)

Enroll in an accredited nursing program. Most programs conduct their own background checks at admission, and many clinical placement sites require additional screening. Be upfront with the program about your history — some schools are more accommodating than others. Clinical site denials can prevent you from completing the program.

Submit your license application with full disclosure

Apply to your state Board of Nursing for licensure. Disclose your entire criminal history truthfully — failure to disclose is often treated more harshly than the conviction itself and can result in permanent denial. Include certified court documents, your personal explanation letter, and all rehabilitation evidence.

Complete the background check and board review

The board will run fingerprint-based state and FBI criminal background checks. If your record triggers a review, the board may schedule a hearing, request additional documentation, or make a determination based on the written record. Processing times vary from a few weeks to several months depending on the state and complexity.

Comply with any conditions on your license

If approved, the board may issue your license with conditions: probationary status, practice restrictions (e.g., no access to controlled substances), substance abuse monitoring, mandatory reporting, or a limited practice setting. Comply fully — violations can result in permanent revocation.

Visual Guide

Can a felon become a nurse infographic: depends on state and felony type, 4 nursing levels (CNA easiest, LPN moderate, RN harder, NP hardest), hard disqualifiers include OIG Exclusion List and patient abuse, 8-step application process, key tip: failing to disclose is worse than the conviction. Source: NCSBN, secondchanceinfo.com.

Take Action — Direct Links

Search the OIG Exclusion List (LEIE)
Check if you are listed on the HHS Office of Inspector General's exclusion database — this is the single biggest federal barrier to nursing employment
NCSBN — Find your state Board of Nursing
Directory of all state Boards of Nursing with links to each board's website, application forms, and criminal history policies
Texas Board of Nursing — Declaratory Order petition
Pre-determination petition for Texas applicants with criminal history — find out if you are eligible before enrolling in nursing school ($150 fee)
NCSBN Criminal Background Check Guidelines (PDF)
Official NCSBN guidelines for how state boards should evaluate criminal history in the nursing licensure process
Nurse Licensure Compact (NLC) — member states
See which states participate in the multistate compact — all NLC states require federal and state criminal background checks
OIG Reinstatement — how to apply
If you are on the OIG exclusion list, this page explains how and when to apply for reinstatement (minimum 5-year exclusion period)
SAMHSA National Helpline (substance abuse treatment referrals)
Free, confidential, 24/7 treatment referral service — completing a substance abuse program strengthens your nursing license application

Frequently Asked Questions

Can a felon be a nurse?: In most states, yes — but it depends on the type of felony, how long ago it occurred, and evidence of rehabilitation. Most states review nursing license applications with criminal histories on a case-by-case basis. Certain offenses like patient abuse, sexual crimes, murder, and healthcare fraud are very difficult or impossible to overcome. Non-violent offenses, older convictions, and drug possession charges generally have better outcomes, especially with documented rehabilitation.
Which felonies permanently disqualify you from being a nurse?: The specific list varies by state, but offenses that are permanently or near-permanently disqualifying in most states include: sexual offenses (especially involving patients, minors, or vulnerable adults), murder and homicide, patient abuse/neglect/exploitation, and healthcare fraud involving Medicare/Medicaid. Being on the OIG Exclusion List (LEIE) effectively bars you from working in most healthcare settings. Some states like Florida have explicit statutory lists of permanently disqualifying offenses.
Does a nursing background check show expunged records?: It depends on the state. Fingerprint-based FBI background checks may still show expunged records because federal databases are not always updated after state-level expungement. However, some states — including California and New Jersey — explicitly prohibit the Board of Nursing from considering expunged or pardoned convictions when making licensing decisions. In California, the BRN cannot consider convictions expunged under Penal Code Sections 1203.4 or 1203.4a. Always check your state's specific rules on expungement and professional licensing.
What is a Declaratory Order, and should I get one before nursing school?: A Declaratory Order (offered in Texas and some other states) is a formal pre-determination of your eligibility for a nursing license. You submit your criminal history, court documents, and rehabilitation evidence to the Board of Nursing, and they issue a ruling on whether you can be licensed. This is strongly recommended before investing $10,000-$50,000+ in nursing education — it prevents you from completing a degree only to be denied licensure. Texas requires a $150 filing fee and the process typically takes 3-6 months.
What is the OIG Exclusion List, and how does it affect nursing?: The OIG (Office of Inspector General) maintains the List of Excluded Individuals/Entities (LEIE). If you are on this list, no employer that participates in Medicare, Medicaid, or any federal healthcare program can hire you — and that covers the vast majority of hospitals, nursing homes, clinics, and home health agencies. OIG exclusion is mandatory for convictions related to Medicare/Medicaid fraud, patient abuse/neglect, felony healthcare fraud, and felony controlled substance offenses. The minimum exclusion period is 5 years, and you must apply for reinstatement.
Can I become a CNA with a felony?: It is possible but faces unique challenges. CNAs primarily work in long-term care facilities that are federally regulated under CMS (Centers for Medicare & Medicaid Services). Federal law prohibits these facilities from employing anyone with substantiated findings of abuse, neglect, or misappropriation on the Nurse Aide Registry, or anyone on the OIG Exclusion List. For other types of felonies, the state CNA certification board reviews applications individually. CNA programs are shorter (4-12 weeks) and less expensive, so less is at risk compared to RN programs.
Do I have to disclose my criminal record on a nursing license application?: Yes. Every state Board of Nursing asks about criminal history on the license application, and virtually all require fingerprint-based background checks. Failing to disclose a conviction is often treated as fraud or dishonesty — which boards consider a serious character issue and grounds for denial even if the underlying conviction itself would not have been disqualifying. Full transparency is consistently recommended by nursing license defense attorneys.
How long after a felony can I apply for a nursing license?: There is no universal waiting period — it varies by state and offense. Some states like Arizona require a minimum of 3 years after completing your entire sentence (including probation, parole, and restitution). Other states have no fixed waiting period but weigh recency heavily in their review. As a general guideline, your chances improve significantly after 5 years with a clean record, and many states view convictions older than 10 years much more favorably. Nevada, for example, allows staff-level approval for single felonies older than 10 years that did not involve moral turpitude.
Which states are most lenient for nursing licensure with a felony?: States that review on a case-by-case basis without automatic permanent bars for most offenses tend to be more favorable. California explicitly cannot consider expunged convictions. Nevada allows staff-level approval for older, non-serious felonies. Six states — Colorado, Wisconsin, Hawaii, New York, New Hampshire, and Maine — historically have not required criminal background checks for nursing licenses (though they may still ask about convictions on the application). However, all Nurse Licensure Compact (NLC) states now require federal and state background checks for multistate licenses.
Can I be a nurse practitioner (NP) with a felony?: It is possible but more difficult. You must first obtain an RN license (which requires clearing the background check), then complete a graduate nursing program, and obtain national certification and APRN licensure — each stage involves additional scrutiny. The biggest additional barrier for NPs is DEA registration for prescribing controlled substances. A felony drug conviction can make obtaining a DEA number very difficult or impossible, which severely limits NP practice. Non-drug felonies are less of a barrier at the NP stage if you already hold an active RN license.
What should I include in my personal explanation letter to the Board of Nursing?: Your letter should include: (1) a straightforward, honest account of the offense without minimizing or blaming others, (2) acceptance of responsibility, (3) specific steps you have taken toward rehabilitation (treatment, education, community service, stable employment), (4) how much time has passed and what your life looks like now, (5) why you want to be a nurse and how you plan to serve patients safely, and (6) references to the character letters and documents you are including. Keep the tone professional and accountable — boards respond negatively to defensiveness or excuse-making.

Video Guides

Search on YouTube

Disclaimer: This is informational only, not legal advice. Nursing licensure laws vary by state and change frequently. Each state Board of Nursing has its own rules, processes, and disqualifying offenses. Contact your state Board of Nursing or a qualified attorney specializing in professional license defense for advice about your specific situation.