Can You Become a CNA With a Criminal Record?

A criminal record doesn’t automatically end your chances of becoming a CNA. Federal law bars only a narrow group of people, and many states let you work after enough time has passed or after you get a waiver. But some offenses do bar you, and the rules are very different from state to state. This guide explains how it works.

What federal law says

Federal rules for nursing homes are narrower than most people think. A nursing home that takes Medicare or Medicaid may not employ anyone who (42 CFR 483.12):

• has been found guilty by a court of abuse, neglect, exploitation, mistreatment, or misappropriation of property;
• has a finding of abuse, neglect, exploitation, mistreatment, or misappropriation on a state nurse aide registry; or
• has a disciplinary action in effect against a professional license for one of those reasons.

Federal law does not ban everyone with a conviction. Broader bars come from state law, which is why the answer depends so much on where you live.

Registry findings are different from convictions

A registry finding comes from a state investigation, not a criminal court. If a state finds that an aide abused, neglected, or stole from a resident, it must give the aide written notice and a chance at a hearing before the finding goes on the registry (42 CFR 488.335). Once entered, a finding stays on the registry permanently unless it was made in error, the person was found not guilty in court, or the person dies (42 CFR 483.156).

There is one exception. For a neglect finding only, federal law lets the aide petition the state to remove their name if the neglect was a single occurrence and their history shows no pattern of abuse or neglect. The state can’t decide the petition until at least 1 year after the finding was added (Social Security Act, section 1819(g)(1)(D)).

How CNA background checks work

Most states check your criminal history before you can be certified or hired, and many use fingerprints checked by both the state and the FBI. Florida, New York, California, Illinois, and Pennsylvania all require fingerprint checks in some or all cases. What counts as disqualifying, how long it lasts, and whether you can get a waiver all depend on your state.

Rules in six large states

California

The California Department of Public Health (CDPH) reviews fingerprints for every CNA applicant. Since 2015, California has had no automatic-denial list for CNAs. CDPH reviews each case, looking at the nature and severity of the crime and how much time has passed since your most recent conviction, and you can submit evidence of rehabilitation. You must report all convictions, even ones dismissed under Penal Code 1203.4, except certain marijuana offenses.

Texas

Texas law has a list of convictions that permanently bar you from working in a nursing home or similar facility, including homicide, sexual assault, aggravated assault, robbery, arson, and injury to a child, elderly, or disabled person. Other offenses, such as burglary, felony theft, and some assaults, bar you for 5 years from the conviction date. Nursing homes and assisted living facilities also bar burglary with no time limit. Texas law lists no waiver for these offenses. If you completed deferred adjudication and received a dismissal, Texas does not count it as a conviction (Health and Safety Code 250.006).

Florida

Florida requires Level 2 screening (state and FBI fingerprints) for CNAs. Many offenses disqualify you, including felony theft, burglary, and abuse or exploitation of a vulnerable adult. You can apply for an exemption: for a felony, at least 2 years after you finish your sentence and supervision, and for a misdemeanor, once your sentence is complete. All fines and restitution must be paid. You must show clear and convincing evidence of rehabilitation. Registered sexual offenders can’t get an exemption (Florida Statutes 435.07).

New York

New York’s Department of Health runs a criminal history check for nursing home and home care workers. It generally proposes to disapprove anyone with a felony sex offense or a class A felony at any time, and anyone with a violent felony or a class B or C felony within the past 10 years, among other offenses. For other convictions, the state weighs them under New York’s fair-chance law (Correction Law article 23-A). You get 30 days to explain in writing before a final decision (10 NYCRR 402.7).

Pennsylvania

Pennsylvania requires a State Police check for nursing home and home health workers, plus an FBI fingerprint check if you haven’t lived in Pennsylvania for the past 2 years. In 2015, a state court struck down the law’s lifetime employment bans (Peake v. Commonwealth). Employers now make an individual decision for each applicant based on the offense, how long ago it was, rehabilitation, and the job. There is no state waiver application.

Illinois

Illinois checks fingerprints through the Health Care Worker Registry. If you have a disqualifying conviction, you can’t work in direct care unless you get a waiver from the Illinois Department of Public Health. Some offenses can be waived through an application, some through a rehabilitation waiver, and a few can only be challenged through an appeal. You must have finished probation or parole and any court-ordered programs. Waivers are not automatic and usually take 3 to 4 weeks to process.

What to do if you have a record

1. Get a copy of your own record. You can request your FBI Identity History Summary online for $18 at edo.cjis.gov, and ask for corrections if something is wrong.
2. Gather your court paperwork: final dispositions, proof that probation or parole is complete, and proof that fines and restitution are paid.
3. Check your state’s rules before paying tuition. Ask the state agency, or ask the training program whether your record will block you from testing or getting hired.
4. Disclose everything on your application. Leaving out an offense can lead to delays or a denial.
5. Apply for a waiver or exemption if your state offers one, with letters of reference and proof of work, school, or treatment.
6. Look into record relief. Expungement, sealing, or dismissal can help in some states. A legal aid office can tell you what you qualify for.

Frequently asked questions

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