RN license suspended in Maryland

chris_at_lucas_RN, RN · Aug 30, 2004

Dear movingalong--

I don't think you have to order a background check to get your record.

I'm reasonably certain that the Privacy Act of 1970-something made it illegal for anyone (especially the government) to keep a "secret" file on you. What that means is that you have a right to see and receive a copy of any record on you. The most that can be charged is a "reasonable" fee for copying, sometimes like $1-2 a page.

Call the county clerk in the county where you were arrested and charged, and ask how to get a copy of your own arrest record. Don't worry, people ask for these things all the time, even people who have never been arrested. When I used to do home studies for adoption and custody cases, I obtained people's records for that purpose. If someone asks, you can always say that's what its for, but they probably won't ask, and I wouldn't volunteer it.

You should know that nothing is ever removed from an arrest record. Expungement means there will be a line added that refers to that arrest and it will say "expunged." But the original thing will always be on there. It never goes away.

Keep in mind that these things can and do happen to good people. You are an example of that. When I have had to advocate for myself in difficult situations, I have found myself feeling guilty, even though I cognitively knew I had been victimized and I was the wronged party, not the wronging party, if you will.

Keeping your feelings about that in check will help you come across much more confidently and credibly.

With a little bit of luck and the wind blowing the right way, you should be all right.

Take care, and do keep us posted!

louloubell1 · Aug 30, 2004

Thanks for listening and for some of you others, read the post by Nurseprotect, "the BON is NOT YOUR FRIEND"and watch your backs.Thank all of your for the well wishes.
mv

Hey there movingalong, I would like to read that post but I couldn't find it in the search. Could you post a link?

Thanks,

Lou

ZZTopRN, BSN, RN · Aug 31, 2004

Hey there movingalong, I would like to read that post but I couldn't find it in the search. Could you post a link?
Thanks,
Lou

Lou: Don't know how to post links but here is the address.

http://www..com/ifreported.htm

If this doesn't work, let me know as I am going to looking for them again with my situation.

mv

ZZTopRN, BSN, RN · Aug 31, 2004

rn

Lou: Don't know how to post links but here is the address.
http://www..com/ifreported.htm
If this doesn't work, let me know as I am going to looking for them again with my situation.
mv

I found Nurseprotect by Google and typing in Nurseprotect.

Try this link.

http://www.nurseprotect.com/nurseprotecthome.htm.

mv

chris_at_lucas_RN, RN · Aug 31, 2004

Lou: Don't know how to post links but here is the address. http://www..com/ifreported.htm If this doesn't work, let me know as I am going to looking for them again with my situation. mv

Easy to post a link by highlighting the actual URL, then do control-c. Next, click on the picture of the little blue world with the two link chain on the bottom of it (right under the smilie on the toolbar of the reply to thread screen). Do control v in the space that the little window that pops up gives you, and you will have a link!

Between the two periods of that link in the quoted post should be nurseprotect.

So, here's the complete link:

www.nurseprotect.com/ifreported.htm

ZZTopRN, BSN, RN · Aug 31, 2004

Dear movingalong--
I don't think you have to order a background check to get your record.
I'm reasonably certain that the Privacy Act of 1970-something made it illegal for anyone (especially the government) to keep a "secret" file on you. What that means is that you have a right to see and receive a copy of any record on you. The most that can be charged is a "reasonable" fee for copying, sometimes like $1-2 a page.
Call the county clerk in the county where you were arrested and charged, and ask how to get a copy of your own arrest record. Don't worry, people ask for these things all the time, even people who have never been arrested. When I used to do home studies for adoption and custody cases, I obtained people's records for that purpose. If someone asks, you can always say that's what its for, but they probably won't ask, and I wouldn't volunteer it.
You should know that nothing is ever removed from an arrest record. Expungement means there will be a line added that refers to that arrest and it will say "expunged." But the original thing will always be on there. It never goes away.
Keep in mind that these things can and do happen to good people. You are an example of that. When I have had to advocate for myself in difficult situations, I have found myself feeling guilty, even though I cognitively knew I had been victimized and I was the wronged party, not the wronging party, if you will.
Keeping your feelings about that in check will help you come across much more confidently and credibly.
With a little bit of luck and the wind blowing the right way, you should be all right.
Take care, and do keep us posted!

Hi again Chris

All the courts tell me that I have to go through CJIS and get the background to get my arrest record. I have no way to get copies of just the arrest record. I have to send fiingerprint, and $18.00 for the background check. Any other ideas? Still have had no response from my letter requesting reinstatement of my license. I guess they have a backlog of work. Thanks for the tip on the links.

mv

CHATSDALE · Aug 31, 2004

something that CHRIS said disturbed me...is that an arrest record or convictionn ?

it would seem to me if you were arrested and later not charged or found innocent your record should not be available to others at least not to those outside of law enforcement...

ZZTopRN, BSN, RN · Aug 31, 2004

rn

something that CHRIS said disturbed me...is that an arrest record or convictionn ?
it would seem to me if you were arrested and later not charged or found innocent your record should not be available to others at least not to those outside of law enforcement...

Hi

It is an arrest record. The charges were dropped. I am trying to get this arrest record and have it expunged. Since you raise the question, an arrest record even though expunged, if the BON is a law enforcement agency, couldn't they still get the record. I would also believe that the BON would have this arrest record in their hands to justify the suspension, even though it was expunged. What do you think?

mv

chris_at_lucas_RN, RN · Aug 31, 2004

Arrest records are public records (ever see the "police blotter" printed up in the local paper? same deal).

The BON is not a law enforcement agency. They do not enforce the law--that's what the police and sheriff's departments are for, and the FBI, etc. (The BON cannot arrest you, therefore they cannot enforce the law, ergo they are not a "law enforcement agency.")

Your best bet is to get things officially straightened out. Then you can demonstrate your suitability no matter who gets your record, because you will have the paperwork that says you are legally on equal footing with someone who has not been arrested.

Basically, anybody can be arrested for anything, just like anybody can be sued for anything. It is up to the courts to decide whether there has been a misdeed or not (that would be a conviction or acquittal, if it's about a criminal matter).

Why were the charges dropped? If it was found that others planted the "evidence," this may be documented some place. You might start with the DA's office in the county where you were arrested. It sounds like it was a grievous error--if there is documentation you should be able to get it.

Did you have an attorney at that time? If so, see what s/he would charge to get this straightened out.

I think you may have a number of options, depending on the circumstances of how the case was disposed.

BTW, $18 for a copy of a record might be a little steep, but how much time would you spend trying to find another way? Especially if this is an official, certified copy. (Sometimes a lawyer can get a copy of an arrest record for nothing or for the cost of copying. Another reason to contact your former attorney.)

ZZTopRN, BSN, RN · Aug 31, 2004

Hey there movingalong, I would like to read that post but I couldn't find it in the search. Could you post a link?
Thanks,
Lou

Lou: I think Nurseprotected is out of business. I called all the numbers are they are disconnected. The guy that started the board wrote me an email on 8/19, said he was going to call me, and even though I called and emailed him back, I never heard from him again.

But there is some good information on the site.

mv

ZZTopRN, BSN, RN · Aug 31, 2004

Arrest records are public records (ever see the "police blotter" printed up in the local paper? same deal).
The BON is not a law enforcement agency. They do not enforce the law--that's what the police and sheriff's departments are for, and the FBI, etc. (The BON cannot arrest you, therefore they cannot enforce the law, ergo they are not a "law enforcement agency.")
Your best bet is to get things officially straightened out. Then you can demonstrate your suitability no matter who gets your record, because you will have the paperwork that says you are legally on equal footing with someone who has not been arrested.
Basically, anybody can be arrested for anything, just like anybody can be sued for anything. It is up to the courts to decide whether there has been a misdeed or not (that would be a conviction or acquittal, if it's about a criminal matter).
Why were the charges dropped? If it was found that others planted the "evidence," this may be documented some place. You might start with the DA's office in the county where you were arrested. It sounds like it was a grievous error--if there is documentation you should be able to get it.
Did you have an attorney at that time? If so, see what s/he would charge to get this straightened out.
I think you may have a number of options, depending on the circumstances of how the case was disposed.
BTW, $18 for a copy of a record might be a little steep, but how much time would you spend trying to find another way? Especially if this is an official, certified copy. (Sometimes a lawyer can get a copy of an arrest record for nothing or for the cost of copying. Another reason to contact your former attorney.)

Hi again Chris:

I know that BON cannot arrest you or anything like that, but I picked up on a post "going before the board" (which I cannot find now) that there was something saying they were some sort of law enforcement.

I doubt there would be any admission on anyone's part that they planted the drugs in my purse. I just know that I didn't do it.

I don't remember the lawyers name, he was a real poop, went the hearing with me for $900 and then the case was postponed, and then I got a letter in the mail saying the case was dropped.

So I am just going to get the background check and get it expunged and then go from there.

I just want to know what the BON wants me to do to get my license reinstated.

Thank, Chris, for your taking your time to talk to me.

mv

chris_at_lucas_RN, RN · Aug 31, 2004

I don't remember the lawyers name, he was a real poop, went the hearing with me for $900 and then the case was postponed, and then I got a letter in the mail saying the case was dropped.
So I am just going to get the background check and get it expunged and then go from there.
I just want to know what the BON wants me to do to get my license reinstated.

Trust me, they wouldn't just "drop the charges" for no reason. DA's live for cases like yours. There was a reason and it is probably worth finding out about. Your attorney had a duty to inform you of the reason, you paid him, and if he's still alive, he should have your records. They pretty much have to keep them forever.

He could not have pled you out without your agreement, and you would have had to allocute before a judge (state in your own words what you did) for that to have happened, so we know you don't have a conviction.

The more I think about this, the stronger I think your case will be. That arrest record should be enough to convince the Board. Meantime, ask them point blank (in writing) what you need to do to be reinstated.

And as for taking the time, hardly any time at all. I don't feel like I help much, except where not being alone in this--at least in spirit--might be worth something. It's the isolation that can make you nuts.

I expect you to keep in touch!!! BTW, email me. We might as well be a little more familiar. I promise, I'll be nice!