The Puerto Rico Court of Appeals recently upheld a ruling by the Department of Health regarding Carlos R. Rosario González, a nurse whose background check revealed a past criminal charge. The court's decision, issued on June 26, 2026, confirms that Rosario González does not meet the requirements to work with vulnerable populations due to his criminal history, despite his argument that he was never formally convicted.
This ruling is significant as it affects Rosario González's ability to work in healthcare, potentially impacting his career and livelihood. The case highlights the complexities surrounding criminal records and employment eligibility in sensitive professions.
Background
Carlos R. Rosario González is a nurse who had a previous legal issue in Texas in 2012 related to the misuse of a debit card. He was processed for this charge but received a deferred adjudication, meaning he was not formally convicted. After completing his community supervision, the Texas court dismissed the case, indicating that there would be no conviction on his record.
In 2015, Rosario González obtained his nursing license in Puerto Rico, which he renewed in October 2025. However, when he applied for a background check certification from the Puerto Rico Background Check Program (PRBCP) in August 2025, the department reported that he did not comply with the requirements of Law No. 300, which governs the credential verification of service providers for children and vulnerable individuals.
Following this determination, Rosario González sought clarification from the Department of Health, arguing that his past charge should not disqualify him since he was never convicted. The department maintained that the information from the FBI indicated a criminal record that warranted a negative certification.
The Ruling
The court ruled in favor of the Department of Health, affirming the negative certification issued to Rosario González. The panel, led by Judge Cintrón Cintrón, stated, “The Department of Health acted in accordance with the law by issuing a negative certification based on the findings from the background check.” The court emphasized that the law does not require a formal conviction for disqualification but rather considers any admission of guilt in the context of the law.
The court found that the Department of Health was obligated to follow the law, which prohibits individuals with certain criminal backgrounds from working with vulnerable populations, regardless of whether the case was dismissed or resulted in a conviction. The ruling underscored that the law's intent is to protect children and vulnerable individuals from potential harm.
Impact
This ruling sets a precedent for how background checks are interpreted in Puerto Rico, particularly within the healthcare sector. It reinforces the notion that any admission of guilt, even without a formal conviction, can lead to disqualification from working with vulnerable populations. This decision may affect other professionals in similar situations who have undergone deferred adjudication or have unresolved criminal charges.
Moreover, the ruling highlights the balance between providing opportunities for rehabilitation and ensuring the safety of vulnerable individuals. It raises questions about the fairness of automatic disqualifications based on past charges, especially when those charges do not result in a formal conviction.
What's Next
Rosario González has the option to appeal the court's decision to a higher court, but details regarding any potential appeal were not available in the court filing. The outcome of this case may influence future legislation or policies regarding background checks and employment eligibility in Puerto Rico.