Does the Tennesse Board of Nursing have the right to publicly display my expunged record

I am an LPN who has recently got my license reinstated after being revoked in 2003 due to obtaining controlled substances. This was a one time offence and through the support of my local sheriff who knows my character very well, rehab probation and the nursing community support group, I finally got up the nerve to apply for my license to be reinstated. This conviction and record was expunged which to my knowledge means it never existed and would not show up anywhere. Well the board of nursing told me I should have the record expunged before applying for reinstatement, which I did, they also told me I was worthy to have my license back and the proceeded to reinstate it with much compassion.

Before I received my license, I was checking online everyday to see when it would be activated and when it finally was, I also noticed a section that said disciplinary action and so I clicked it and right there where anyone can see it is my entire record of conviction! Now I could understand if they had to mark "License revoked 2003" or disciplinary action and just leave it at that for me to explain, but to also include my record which is expunged and not supposed to be available to anyone much less everyone in the world. Is it legal for them to make this information public when it has been expunged? This is becoming an impedment to becoming hired because I never know how to answer the question " Having you ever been convicted of a crime"? most application say you don't have to say so if the record has been expunged, but if I answer no and then they go to verify my license...there it is and it looks as those I am trying to withhold. So far I have been marking yes and then explaining in detail about it. This is not a great way to open an interview for a job. Can the BON do this legally? Also during the reinstatement process, no one told me this would be on my record. I found out by accident

0 answers  |  asked Feb 16, 2010 2:01 PM [EST]  |  applies to Tennessee

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