Disclosing Criminal Investigations, Charges or Convictions

Registration renewal season is approaching. Often, this is when LPNs update their information on record with the CLPNM.

Did you know that certain information, like criminal investigations, charges and convictions, must be reported to the CLPNM immediately, even outside of the registration renewal season?

All CLPNM registrants must promptly notify the CLPNM if they are being, or have ever been, investigated, charged, or convicted of an offence. This information must be disclosed even if the registrant has received an absolute or conditional discharge.

This information should be disclosed to the CLPNM as soon as the registrant is aware. However, as per CLPNM By-Laws, registrants have an obligation to disclose this information to their professional regulatory body no later than 30 days after the registrant becomes aware.

This information must be disclosed so that the CLPNM can conduct an assessment to determine whether the behaviours that led to the investigation, charge or conviction raise concerns about the registrant’s ability to provide safe and ethical care to vulnerable populations. This assessment contributes to public protection, and to trust and confidence in the profession overall.  This mandatory assessment can also take time. Depending on each registrant’s unique circumstances, the information gathering process and subsequent assessment can take more than eight weeks. Therefore, although you will be asked to disclose this information when you apply to renew your registration each year in the fall, the CLPNM strongly advises you not to wait for the registration renewal period to disclose an investigation, charge or conviction that you have not previously disclosed.

For registrants with a previously undisclosed investigation, charge, or conviction, the annual registration renewal window rarely provides enough time for the registrant to apply for, obtain and submit the third party documentation required for the assessment (such as a criminal record check based on fingerprinting) and for the CLPNM to review all the material and make a determination.

This means that, if you wait to disclose an investigation, charge or conviction until the registration renewal period, there is a chance your renewal application cannot be fully processed and approved before your current year’s registration expires. If that happens, you will not be authorized to practice until you apply, and are approved, for a reinstatement of your registration. In the intervening period, you would not have a license and would not be authorized to practice. For this reason, it is in your best interest to let the CLPNM know as soon as possible if you are the subject of an investigation, charge or conviction.

If you are hesitant to disclose this information, concerned that any investigation, charge or conviction will result in an automatic license suspension or cancellation, be aware that, in many cases, that is not the outcome. Moreover, your timeliness, honesty and transparency with the CLPNM, or lack thereof, will be factored into the assessment process.

Also, note that all registrants are now required to obtain and submit suitability checks (including criminal record checks) every five years to maintain ongoing registration. This means that any investigation, charge, or conviction not disclosed to the CLPNM proactively by the registrant would eventually become known to the CLPNM. Read more on this here. 

If you have questions or would like to speak to a member of the CLPNM staff about your circumstance, please contact us at registration@clpnm.ca