Misdemeanor crime

Would I have to disclose an expunged infraction petty theft to the board of nursing?

At first it was a misdemeanor that was later lowered to an infraction. A year later it was expunged from my file. I am now ready to take my NCLEX and I was was wondering if I should disclose this to them.

BRN says that I don't have to disclose an infraction less than $1000.

However, in my case, it was a misdemeanor in the first place.

Nathan’s Answer

When in doubt, disclose. The BRN statement excludes minor traffic violations but says nothing about excluding other infractions. Additionally, since your infraction deals with theft issues, that could easily go reflect on "professional conduct" and the Board will want to know about it. It can be addressed in a manageable way that may allow the BRN to allow you to proceed without issue. Do not rely on advice from someone who is a staff worker at the BRN. Do not convince yourself that if you convince yourself strongly enough that you don't have to disclose, that the BRN will agree with your analysis. You will then be dinged for both the infraction involving theft AND failure to disclose, which will be dealing with dishonesty, which also reflects upon professional conduct. Proceed cautiously, and preferably with counsel by your side.

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