Criminal Charges Against Nurses FAQs

Nurses, like all private citizens, can be charged with crimes if they violate state of federal law, but they face some charges more frequently than others. Many of their charges arise out of their professional like, such as assault, either of patients or other people in the workplace. They may also be accused of drug-related offenses, like theft, fraud, and breaking and entering if it is believed that they inappropriately diverted prescription drugs in their work setting.

Criminal charges, especially ones that lead to convictions, can significantly impact a nurse’s employment opportunities within the healthcare field. Many healthcare employers conduct background checks and require disclosure of criminal history during the hiring process. Depending on the nature of the charges and the employer’s policies, a criminal record may disqualify a nurse from certain positions or result in termination of employment. Additionally, a nurse convicted of a crime may face disciplinary action from the Massachusetts Board of Registration in Nursing, which can further impair their employment options.

Nurses, like all people facing criminal charges, are protected by the Massachusetts and United States Constitutions. For example, they have the right to be represented by competent counsel and the right to be free from unreasonable searches and seizures. This means that if law enforcement agents illegally obtained evidence against them, they may be able to argue that such evidence should be deemed inadmissible. They are also protected from self-incrimination, which means that they cannot be forced to testify or make statements that could imply their guilt.

If a nurse is facing criminal charges, they should seek legal advice from an experienced criminal defense attorney as soon as possible. An attorney can help them determine what defenses they may be able to assert, help them protect their rights, and evaluate what measures they should take to protect their professional license. An attorney can also help a nurse charged with a crime ensure they comply with any statutory deadlines.

In certain circumstances, it may be possible to have criminal charges against a nurse expunged or sealed, effectively removing them from their criminal record. Expungement or sealing of criminal records is subject to specific eligibility criteria and procedures established by Massachusetts law. Generally, minor offenses or cases that were dismissed, resulted in acquittal, or were resolved through diversion programs may be eligible for expungement or sealing. However, serious offenses or convictions typically cannot be expunged or sealed. Nurses interested in pursuing expungement or sealing of their criminal records should consult with a knowledgeable attorney to assess their eligibility and navigate the legal process.