Yes, you can become a nurse in Texas with a felony — but the Texas Board of Nursing (TBON) reviews every applicant on a case-by-case basis under the Texas Nursing Practice Act. Some violent or fraud-related felonies trigger automatic denial, while non-violent convictions can often be cleared with evidence of rehabilitation and a Petition for Declaratory Order filed before nursing school.
Having a felony on your record doesn’t shut the door on a Texas nursing career, but it does mean a closer look from the Board. The rules that decide your case live in Texas Occupations Code Chapter 301 (the Nursing Practice Act) and 22 Texas Administrative Code §213.28–§213.30 (the TBON’s rules on criminal history and good professional character). What follows is how those rules actually play out for nurses and aspiring nurses in Texas.
Texas Nursing License Requirements
Before applying for a nursing license, every Texas applicant has to meet a core set of requirements set by the Texas Board of Nursing:
- Education: Completion of a TBON-approved nursing program — an Associate Degree in Nursing (ADN), a Bachelor of Science in Nursing (BSN), or an approved LVN program.
- Examinations: Passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN) or for Licensed Vocational Nurses (NCLEX-PN).
- Background check: Fingerprints and a criminal history check run through the Texas Department of Public Safety and the FBI.
- Good professional character: TBON evaluates each applicant’s history and conduct to decide whether they meet the Board’s good professional character standard.
Because nursing puts a person directly in charge of patient safety, TBON has the authority to dig into an applicant’s criminal record and weigh whether the past conduct is a risk to patients now.
Can a Felon Become a Nurse in Texas? (TX-Specific Rules)
Yes, in many cases — but the TBON’s job is to protect patients, and that mission shapes how the Board reads a felony record. Under the Texas Occupations Code and the TBON administrative rules, the Board looks at four things on every applicant or licensee with a criminal history:
- Type of offense: Violent crimes, sexual offenses, drug-related felonies, fraud, and offenses against patients are weighted most heavily. Some offenses — including those that require sex offender registration — trigger mandatory license suspension or revocation under Texas Occupations Code Chapter 301 and cannot be waived by the Board.
- Time since the conviction: The further away the conviction is, the more weight the Board gives to your current conduct. A felony from 12 years ago with a clean record since reads very differently from a conviction last year.
- Evidence of rehabilitation: Completed probation or parole, treatment program records, steady employment, character letters, community service, and continuing education all factor in.
- Relationship to nursing: Offenses involving dishonesty, abuse, or harm to a person are treated as more concerning than a non-violent offense unrelated to patient care.
The Board does not have a fixed list of “automatically disqualifying” felonies for every applicant — outside those mandatory statutory categories, the standard is a case-by-case evaluation under Texas Occupations Code Chapter 301 and 22 Tex. Admin. Code §213.28 (criminal history) and §213.30 (rehabilitation evidence).
The Texas Board of Nursing Review Process
When a felony shows up on a Texas nursing license application or in a current nurse’s background, the Board opens a formal eligibility or disciplinary review. The reviewer pulls court documents, your written explanation, and rehabilitation evidence together and assesses how those facts line up against the Board’s criminal-history rules. In most cases the Board issues one of four outcomes:
- Approval to take the NCLEX or to keep the existing license without restriction.
- Approval with conditions, such as probation, monitoring, or a stipulation order.
- A proposed denial that can be challenged at a State Office of Administrative Hearings (SOAH) hearing.
- A mandatory denial, suspension, or revocation for offenses that fall under the Texas Occupations Code’s mandatory categories.
The Petition for Declaratory Order
For people with a criminal record who are considering nursing school, the Texas Board of Nursing offers a Petition for Declaratory Order of Eligibility. Filing the petition tells the Board, in advance, “here is my record — am I eligible to be licensed if I finish nursing school?” The petition asks for court documents, character references, proof of completed sentence/probation, and proof of rehabilitation. The Board then issues an order on eligibility, so a prospective student does not spend two to four years and tens of thousands of dollars on a nursing program only to find out at the end that the license will be denied.
Steps to Take if You Have a Felony and Want to Become a Nurse
If you have a felony and aspire to be a Texas nurse, the path is sequential, not optional:
- Talk to a Texas nurse license defense attorney before you enroll in nursing school. A nursing license attorney can tell you whether your specific conviction falls under one of the Texas Occupations Code’s mandatory categories and how the Board has handled similar cases.
- File a Petition for Declaratory Order with TBON before starting a nursing program, so the Board rules on your eligibility up front.
- Gather supporting documentation:
- Certified court records for every felony, including dispositions and any deferred-adjudication paperwork.
- Letters of recommendation from employers, mentors, instructors, or community leaders.
- Proof of completed probation, parole, restitution, counseling, or treatment programs.
- Demonstrate ongoing rehabilitation: Stable employment, continuing education, professional certifications, and clean conduct since the conviction all strengthen the petition.
- Disclose everything, even sealed or expunged records. Non-disclosure is grounds for denial on its own — the Board has access to the criminal-history database and the omission is treated as a separate good-character issue.
Frequently Asked Questions
Can a felon become a nurse in Texas?
Yes, in most cases. The Texas Board of Nursing reviews every applicant with a criminal record individually under Texas Occupations Code Chapter 301 and the Board’s administrative rules. Non-violent felonies, older convictions, and applicants with strong rehabilitation evidence are routinely approved. Mandatory denials apply only to specific statutory categories such as sex offender registration offenses under the Texas Occupations Code.
What felonies disqualify you from nursing in Texas?
The Texas Occupations Code requires the Board to deny, suspend, or revoke a license for certain offenses — most notably any offense that requires sex offender registration under Texas Occupations Code Chapter 301. Beyond that mandatory list, no felony is an automatic disqualifier in Texas, but violent crimes, sexual offenses, drug offenses involving distribution, offenses against patients, and fraud-related crimes are weighed most heavily against approval. Each case is decided under 22 Tex. Admin. Code §213.28.
Can you appeal a TBON denial based on a felony?
Yes. When the Board issues a proposed denial, the applicant has the right to challenge it at a hearing before the State Office of Administrative Hearings (SOAH). At the hearing, a nurse license defense attorney can present additional rehabilitation evidence, character witnesses, and legal arguments. The Administrative Law Judge issues a recommended decision, and the Board issues the final order based on that recommendation.
Does TBON look at expunged or sealed felonies?
Yes. The Texas Board of Nursing has access to records that include expunged and sealed convictions, and applicants are required to disclose them. Failing to disclose an expunged or sealed felony is treated as a separate good-character violation and is one of the most common reasons applicants are denied even when the underlying offense would not have been disqualifying. Always disclose, and let your nurse license defense attorney handle the framing.
What is the Texas Board of Nursing’s eligibility evaluation?
The eligibility evaluation is the TBON’s case-by-case review of whether an applicant with a criminal history meets the Board’s good professional character standard under Texas Occupations Code Chapter 301 and 22 Tex. Admin. Code §213.28. The Board weighs the type of offense, time since conviction, evidence of rehabilitation, and the relationship between the conduct and nursing practice. Prospective students can ask the Board to rule on eligibility before nursing school by filing a Petition for Declaratory Order.
So, Can You Become a Nurse with a Felony in Texas?
A felony makes the path to a Texas nursing license more complex, but it is rarely a permanent roadblock. The Board has a structured process for evaluating applicants with criminal backgrounds, and many people with felonies have walked through the Petition for Declaratory Order, the eligibility review, and out the other side with a license in hand. The key is understanding what the Board is looking for, disclosing everything up front, and presenting the strongest possible rehabilitation case.
If you have a felony and you are worried about your eligibility for a Texas nursing license, Texas Nursing Lawyers is here to help. Our team works with applicants and current Texas nurses on declaratory order petitions, eligibility hearings, and license defense at every stage of the Board’s review process. Don’t let your past define your future — reach out for a confidential consultation and take the next step toward your nursing career.