Nursing is more than just a job—it’s a profession built on trust, responsibility, and a commitment to patient care. But what happens when a criminal charge threatens that hard-earned career? Whether it’s a DUI, drug possession, or another offense, a legal issue can raise concerns about a nurse’s fitness to practice.
In Massachusetts, the Board of Registration in Nursing (BORN) has strict guidelines on how criminal charges impact a nursing license. The consequences can range from warnings to complete revocation.
The uncertainty can be overwhelming for nurses facing this difficult situation. Will the nursing board take disciplinary action? Is it possible to keep a license after a conviction? What legal steps can be taken to protect a career?
Understanding the legal process and available options is crucial. This guide provides a clear breakdown of how criminal charges affect nursing licenses, what to expect from the Massachusetts Nursing Board’s disciplinary process, and, most importantly, the nursing license defense strategies that can help protect a professional future.
Criminal Charges That Can Affect a Nursing License
Not every criminal charge will lead to the loss of a nursing license. Some offenses carry a higher risk of disciplinary action.
Drug-related offenses, such as possession of controlled substances or prescription fraud, are among the most serious. The National Council of State Boards of Nursing (NCSBN) reports that substance-related offenses account for over 20% of all disciplinary actions against nurses.
DUI or DWI convictions can also be problematic. This is particularly true if they indicate a pattern of behavior that could put patients at risk. Assault charges, including domestic violence or physical altercations, may raise concerns about professional conduct and patient safety.
Theft and fraud, such as financial crimes or insurance fraud, suggest dishonesty. They could lead to an immediate suspension of your nursing license.
Felony convictions, regardless of the type, carry the highest risk. While some misdemeanors might only result in temporary suspension, felonies often lead to permanent revocation of a nursing license.
Massachusetts Laws and Nursing Licensure Regulations
The Massachusetts Board of Registration in Nursing (BORN) has the authority to discipline, suspend, or revoke a nurse’s license based on criminal charges. The board follows Massachusetts General Laws (MGL) Chapter 112, Section 61, which states:
“The board may discipline a licensed nurse for gross misconduct, criminal conviction, or violation of professional standards that impact patient safety and public trust.”
This means that any charge that negatively reflects a nurse’s ability to provide safe and ethical care can result in disciplinary action.
Nurses in Massachusetts are also required to self-report criminal charges or convictions to BORN. Failing to report can lead to immediate suspension or additional penalties.
“Nurses who fail to report a criminal charge or conviction may face harsher penalties, including immediate license suspension.”
The Disciplinary Process for Nurses Facing Criminal Charges
An investigation begins once the Board of Nursing is notified of a criminal charge.
The first step is a formal review of the case. During the formal review, BORN evaluates:
- The nature and severity of the offense
- Whether the crime impacts patient safety
- The nurse’s history and previous disciplinary actions
The board may suspend or revoke the nursing license while the investigation is ongoing if it appears a charge is serious or severe.
Possible outcomes of the investigation include:
- Case Dismissal – If the charge is minor or irrelevant to patient safety.
- Formal Warning or Reprimand – For first-time or non-severe offenses.
- Probationary License – With conditions such as mandatory rehabilitation programs or work restrictions.
- License Suspension or Revocation – For severe or repeated offenses.
The nurse may have options to appeal or negotiate alternative penalties if the board imposes disciplinary action.
Legal Defenses and Strategies to Protect Your Nursing License
The best way to protect your nursing license after a criminal charge is to take proactive legal action. Hiring a criminal defense attorney can help you explore options like expungement, plea deals, or alternative punishment to lessen the effect on your professional record.
A Massachusetts nurse charged with a first-time DUI successfully retained their license by completing a court-mandated substance abuse program and demonstrating rehabilitation to the licensing board.
Expungement of record sealing can also protect your nursing career. In Massachusetts, certain misdemeanors may be sealed after a waiting period. This prevents employers and licensing boards from accessing them.
A skilled attorney can also help negotiate with BORN to avoid permanent revocation and secure conditional reinstatement of your license.
Comparison of Criminal Offenses and Licensing Consequences
| Criminal Offense |
License Consequence |
Potential Outcome |
| Drug Possession |
Possible suspension, mandatory rehab program |
License reinstated after completion |
| DUI/DWI |
Probationary license, monitoring program |
License reinstated with conditions |
| Theft/Fraud |
License suspension or permanent revocation |
Case-dependent; may lead to revocation |
| Assault/Domestic Violence |
License suspension, possible denial of renewal |
Varies based on severity and conviction |
| Felony Conviction |
High risk of permanent revocation |
Case-specific; possible appeal process |
FAQs
Do I need to report an arrest to the Massachusetts Board of Nursing?
Yes. Nurses in Massachusetts must report all criminal charges and convictions to the Board of Registration in Nursing. Failure to disclose this information can lead to additional disciplinary action, including immediate suspension.
Can a first-time offense lead to permanent license revocation?
Not always. First-time offenses, especially misdemeanors, may result in probation or a warning instead of revocation. However, felonies or repeat offenses significantly increase the risk of losing your license permanently.
How can I improve my chances of keeping my license after a criminal charge?
Seeking legal representation as early as possible can help. An experienced attorney can present mitigating circumstances, negotiate with the Nursing Board, and explore options (like record sealing) to protect your career.
Will my nursing employer be notified if I am charged with a crime?
Yes. Most healthcare employers conduct routine background checks and may be legally required to report criminal charges to the state licensing board.
Can I seal or expunge my criminal record to protect my nursing career?
In Massachusetts, some misdemeanor convictions can be sealed after a waiting period. While this may improve employment prospects, it does not automatically restore a revoked license.
What happens if I fail to disclose my criminal history to the Nursing Board?
Failing to report a criminal charge or conviction can result in harsher penalties, including immediate suspension or permanent revocation. Full transparency is recommended.
Get Help Defending Your Nursing License After a Criminal Charge
A criminal charge can be life-changing for a nurse, both personally and professionally. In Massachusetts, the Board of Registration in Nursing takes these matters seriously. Often, the board conducts thorough investigations before deciding on disciplinary actions. The outcome of a case depends on several factors, including the type of offense, its impact on patient safety, and whether the nurse follows the board’s disclosure requirements.
While some offenses may only result in a formal warning or probationary period, others—especially felonies—can lead to license suspension or even permanent revocation. However, options exist to defend against disciplinary action. Seeking legal guidance early on can make a significant difference in protecting a license and minimizing career damage.
Legal defenses may include negotiating alternative disciplinary actions, demonstrating rehabilitation, or sealing a criminal record if eligible. The sooner a nurse takes action, the better the chances of reaching a favorable outcome. Ignoring the issue or delaying a response could lead to harsher penalties.
Every case is unique, but one thing is clear: being proactive is key. Understanding Massachusetts nursing laws, knowing what the board looks for in disciplinary cases, and having a solid legal strategy can mean the difference between continuing a career and losing a professional license.
If you’re facing a criminal charge and are concerned about its impact on your nursing license, professional legal representation can help you navigate the process effectively.
Anthony Riccio, an experienced Massachusetts criminal defense attorney, helps nurses and other licensed professionals fight for their careers. Reach out for guidance on protecting a nursing license after a criminal charge.
