Navigating CNA Employment Eligibility with a Criminal History
Hi, I’m Oklahoma City criminal defense attorney Gunner Briscoe with Wirth Law Office. If you are a Certified Nursing Assistant (CNA) or planning to become one and you have a criminal history, you should speak with an attorney. Understanding the legal implications of your past can help you navigate your career prospects more effectively.
Under Oklahoma law, certain criminal convictions will prevent you from becoming a CNA. This can considerably impact your ability to find employment in the healthcare field.
Understanding the Prohibitions
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- Some convictions carry a lifetime prohibition.
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- Others impose a seven-year prohibition after completing your sentence.
The restriction depends on the type of charge. It’s important to know which convictions are applicable to your situation to assess your eligibility.
You can apply to the Oklahoma State Department of Health for a waiver. When reviewing a waiver request, the Department considers factors such as:
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- The circumstances of the conviction,
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- The amount of time that has passed,
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- Evidence of rehabilitation or mitigation.
Appearing Before the Employment Eligibility Docket
You’ll appear on what’s called the Employment Eligibility Docket, where an administrative law judge will hold a hearing. At this hearing, we present evidence—such as mitigation, lapse of time, and circumstances surrounding the conviction—and request that the prohibition be waived.
If the administrative law judge denies your request, you can appeal to the district court, arguing that the decision was an abuse of discretion or arbitrary and capricious. However, this process is very difficult to navigate without an attorney.
You should have legal counsel advise you on whether your criminal history requires a waiver and to guide you through the process. Wirth Law Office can help present your case to the Department of Health and work to secure a waiver so you can pursue or continue your CNA career.
Get Your Low-Cost Consultation Today
If you have questions about your eligibility or the waiver process, call the Oklahoma City attorney Gunner Briscoe at 405-888-5400 for a low-cost consultation. Don’t let a criminal history hold you back from your ambitions in healthcare.
