March 17, 2025 Last Updated: November 5, 2025 by Anthony Riccio
Nursing is more than just a job but 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.
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.
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.”
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 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:
The nurse may have options to appeal or negotiate alternative penalties if the board imposes disciplinary action.
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 or 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 Quincy criminal defense attorney can also help negotiate with BORN to avoid permanent revocation and secure conditional reinstatement of your license.
|
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 |
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.
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.
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.
Yes. Most healthcare employers conduct routine background checks and may be legally required to report criminal charges to the state licensing board.
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.
Failing to report a criminal charge or conviction can result in harsher penalties, including immediate suspension or permanent revocation. Full transparency is recommended.
A criminal charge can put both your career and reputation at risk. In Massachusetts, the Board of Registration in Nursing reviews these cases carefully, and outcomes can range from a warning to permanent revocation.
Acting quickly makes a difference. Early legal guidance can help you explore alternatives, present mitigating circumstances, or protect your record through sealing where possible.
Anthony Riccio, an experienced Massachusetts criminal defense attorney, represents nurses and other licensed professionals facing criminal charges. Reach out today for guidance on protecting your license and securing your future.
