Nurses Accused of a Crime: A Comprehensive Guide to Protecting Your License and Career
Being accused of a crime as a nurse is more than just a legal problem—it is a direct threat to your career, nursing license, and future. The repercussions of criminal charges extend far beyond potential jail time or fines. A conviction—or even just an arrest—can put your nursing license at risk, jeopardize your job, and result in mandatory reporting to the Massachusetts Board of Registration in Nursing (BORN).
If you are a nurse facing criminal allegations, you must act quickly and make informed decisions. The right legal strategy can mean the difference between keeping your license and career or losing everything you’ve worked for.
This guide outlines everything you need to know about protecting yourself if you are accused of a crime as a nurse.
1. Do Not Talk to Investigators Without a Lawyer
If you are under investigation or have been accused of a crime, you may be contacted by:
Police officers
Your employer
A hospital compliance department
The Board of Registration in Nursing (BORN)
State health investigators
It is critical that you do not speak to anyone without legal representation. Even if you are completely innocent, anything you say can be used against you. Investigators may misinterpret, twist, or take your statements out of context.
What Should You Do Instead?
✅ Politely but firmly tell investigators that you will not answer questions without your attorney present.
✅ Do not sign any statements, admissions, or employer agreements related to the case.
✅ Contact a criminal defense attorney with experience in nursing licensure cases.
2. Your Nursing License is at Risk
Even if your criminal case has not gone to trial yet, the Massachusetts Board of Registration in Nursing (BORN) can take immediate action against your license.
BORN has the authority to:
Suspend or revoke your license.
Impose probationary conditions on your ability to practice.
Deny license renewal or reinstatement.
How Can the Board Act Before a Conviction?
Some offenses automatically trigger an investigation by BORN, even if no formal charges have been filed.
BORN operates under an administrative legal standard, meaning they can take disciplinary action even without a criminal conviction.
How to Protect Your License
Hire an attorney who understands both criminal defense and professional licensing.
Do not ignore requests from BORN—you must respond strategically.
If necessary, challenge any disciplinary actions in a formal hearing.
3. You May Face Mandatory Reporting Requirements
Nurses are subject to strict mandatory reporting laws. If you are charged with a crime, several parties may be required by law to report you to BORN.
Who Can Report You?
Your employer (hospitals, clinics, long-term care facilities, and other healthcare providers).
Law enforcement agencies.
The court system (especially if convicted or placed on probation).
Even if the criminal charges are dismissed, reduced, or never result in a conviction, you may still have to report the incident to the nursing board.
4. Drug-Related Charges Are Extremely Serious
Nurses are routinely investigated for crimes related to medications, impairment, or drug diversion. These offenses carry both criminal and professional consequences.
Common Drug-Related Charges Against Nurses
🚨 Diversion of Medications – Taking or misusing patient medications.
🚨 Prescription Fraud – Forging prescriptions or unlawfully obtaining controlled substances.
🚨 DUI or Impairment on the Job – Being under the influence of alcohol or drugs while working.
These types of offenses trigger automatic reviews by licensing boards and could permanently end your career.
Defending Against Drug Charges
Seek legal representation immediately to challenge the evidence.
Do not admit to any wrongdoing without consulting an attorney.
If addiction is a factor, consider voluntarily enrolling in treatment programs, as this may help mitigate disciplinary action.
5. A Conviction Could Mean Losing Your Job
Many healthcare employers have zero-tolerance policies for criminal convictions.
Common Offenses That Lead to Termination
❌ DUI/DWI
❌ Theft (even unrelated to work)
❌ Assault or Domestic Violence
❌ Drug Charges
❌ Fraud or Falsification of Medical Records
Some facilities also refuse to hire nurses with certain charges on their record—even if the charge did not result in a conviction.
What Can You Do?
✅ Seek dismissal or reduced charges to avoid a permanent record.
✅ Negotiate plea deals to minimize career damage.
✅ Work with an attorney to explore pretrial diversion or record sealing options.
6. Pretrial Diversion May Be an Option
Massachusetts offers pretrial diversion programs for certain first-time offenders. If you qualify, your charges could be dismissed upon successful completion of the program.
Who Qualifies?
✔ First-time offenders.
✔ Charged with non-violent or low-level offenses (e.g., theft, minor drug possession).
✔ Willing to complete community service, drug counseling, or education programs.
Pretrial diversion can prevent a conviction from appearing on your record, protecting your license and employment prospects.
7. Domestic Violence or Assault Charges Can Impact Your License
If you are accused of assault, battery, or domestic violence, the consequences can be severe.
Even if the allegations are false, you may face:
Criminal prosecution.
A restraining order (which can affect your job).
Mandatory reporting to BORN.
Some employers will immediately terminate a nurse facing any violence-related charge, especially if it involves a patient or coworker.
Defending Against Assault Charges:
Do not plead guilty without consulting an attorney.
Gather evidence (text messages, witness statements, surveillance footage).
Challenge false allegations in court.
8. DUI and Substance-Related Offenses Are Career Threats
Many nurses face DUI charges due to long shifts, stress, and social drinking.
A DUI conviction can result in:
Mandatory reporting to BORN.
Job loss.
License suspension or required substance abuse evaluations.
How to Fight DUI Charges as a Nurse
Challenge breathalyzer results and police procedures.
Seek a reduction to reckless driving or a lesser offense.
Consider alcohol treatment programs as part of your defense strategy.
9. Social Media & Workplace Gossip Can Hurt Your Case
⚠️ DO NOT discuss your case online or with coworkers.
Anything you say—on Facebook, Twitter, texts, or emails—can be used against you by:
Prosecutors.
Your employer.
The Board of Registration in Nursing.
Even an innocent post can be taken out of context and damage your case.
What Should You Do?
✅ Stay silent—only discuss your case with your attorney.
✅ Do not delete posts—this can be seen as destruction of evidence.
✅ Avoid workplace gossip—your words can be twisted against you.
10. The Right Lawyer Can Save Your License and Your Career
Not all criminal defense attorneys understand the unique risks that nurses face.
Why You Need a Specialized Lawyer
A general criminal lawyer may only focus on your court case—you need someone who also protects your nursing license.
An experienced attorney can negotiate plea deals, challenge evidence, and fight for dismissals.
They can also represent you in disciplinary hearings before the Board of Registration in Nursing.
Final Thoughts: Take Action Now
If you are a nurse accused of a crime, your freedom, reputation, and career are at risk.
The earlier you take action, the better your chances of avoiding conviction and protecting your license.
📞 Contact Us for a Confidential Consultation
If you or a fellow nurse is facing criminal charges, call our office today. We understand the high stakes and will fight to protect both your freedom and your profession.