Criminal Infraction? Writing a Letter of Explanation to the BON

Ashley is sick with worry. She has made it through nursing school and applied to the BON for testing privileges. Her application was denied because she was convicted of driving under the influence (DUI) years ago. The BON is requiring a Letter of Explanation. She's at a loss on how to compose the letter, and everything is at stake for her. Nurses Nurse Beth Article

Updated:  

A criminal history does not mean that you cannot become a nurse, but it may mean extra work and extra expenses. If you have a previous offense, maybe you, like Ashley, must now write a letter of explanation regarding your offense or DUI to the BON.

Your Letter of Explanation is highly important. It determines your future. You will be judged as to your level of remorse, insight, and personal responsibility for the incident.

It must be genuine, concise and honest.

Factual

Start with the incident. State what happened simply, factually and chronologically. Do not offer excuses or cast blame, but do include underlying circumstances.

It's in your favor to describe the conditions in your life that affected your decisions and behavior at the time. Most bad choices don't come out of nowhere, and the people who will be reading your letter understand that. It's important to convey that you are not making excuses for your behavior. You are simply describing the circumstances that contributed to your choices.

Personal Insight

Perhaps the most important and the key to success is showing insight into your own behavior. Everyone makes mistakes...but have you learned from your mistakes?

Tell the BON exactly what you've learned about yourself, and how your values have changed. Maybe you were impulsive and immature at the time, but now you value long-term gratification over instant gratification.

Rehabilitative Lifestyle Changes

Show the BON without a doubt that you have taken responsibility. What have you changed in your life to ensure that this behavior would not happen in the future?

List everything you've done to prevent future occurrences. Did you receive counseling, attend a recovery program, do community work? Include compliance with terms of probation, restitution, or parole.

You may live in a different location with positive influences now, or maybe you've joined or even lead support groups. Show that you are not the same person who committed the offense. You have different friends and you make good choices.

Show Remorse

You are genuinely sorry for what you did. You now understand that you could have harmed yourself, or other people.

You can't change the past, but you can control your future behavior. You have grown from this and regret the choices you made in the past.

You are remorseful.

Enlist Help

It's best to get help from someone to write this, unless you are very confident in your writing skills. At the very least, have your letter proofed for grammar and spelling by 3 separate individuals who will be honest with you.

Some applicants find it helpful to retain a lawyer during the process, to ensure that the licensing process goes smoothly. This can be expensive, and not all attorneys accept payments over time. Start saving for legal expenses in advance if you anticipate a problem,.

Letters of Reference

Letters of reference should be on official letterhead from employers, nursing instructors, health professionals, professional counselors, parole or probation officers, or other individuals in positions of authority who are knowledgeable about your rehabilitation efforts.

They must be signed and dated within the past year.

What to Expect

You may face probation, a conditional license with probation terms, a fine, or citation. If your DUI was a fairly low BAC, you may only face a letter of reprimand or a citation and fine.

Do not ignore any mail from the BON or Attorney General's office. Make sure your current address is on file at all times.

Your failure to respond to the Statement of Issues will result in the denial of your license application by a default process.

Cases are decided on an individual basis, and may take some time. Be patient and persevere.

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

Even if crimes are expunged or pardoned, they are still reportable if specified on the application to do so. Some states will say the opposite in that unless they are expunged or pardoned they are reportable. It depends.

Specializes in Neonatal Nurse Practitioner.

I wrote mine in a matter of fact way. This happened on this date. This was the result.

No sob story, no embellishments, no blame, no self degradation, or tales of how my life has changed...

Worked for me.

Specializes in Case Management.

Sorry - I know this is an old thread, but I've just gained admission to the CSU-San Marcos ABSN program and am now terrified my past will haunt me. I have a 1st offense DUI conviction from 11/2011. I completed all remediation steps w/in the year. I had my probation terminated early, and the misdemeanor was also expunged in 9/2014. I've been able to secure a CA license to be a insurance broker, completed a 2 yr Masters of science degree in Healthcare Management, as well as held down a job at an insurance plan here in SoCal for 2 yrs. Will I have my invitation for admission revoked as soon as they find out about my old expunged DUI? I am hopefully that won't be the case...

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

It depends on how the application is worded. Some will specifically exclude things that are expunged, others want it all.

EsJ87 said:
Sorry - I know this is an old thread, but I've just gained admission to the CSU-San Marcos ABSN program and am now terrified my past will haunt me. I have a 1st offense DUI conviction from 11/2011. I completed all remediation steps w/in the year. I had my probation terminated early, and the misdemeanor was also expunged in 9/2014. I've been able to secure a CA license to be a insurance broker, completed a 2 yr Masters of science degree in Healthcare Management, as well as held down a job at an insurance plan here in SoCal for 2 yrs. Will I have my invitation for admission revoked as soon as they find out about my old expunged DUI? I am hopefully that won't be the case...

Hi ESJ87. I doubt they will give you a hard time, since you remediated and even expunged your record. just be completely honest with them and tell them what happened. Attach a copy of final disposition to your application as well, together with explanation letter, and letters of recommendation, Your BON will actually give you more accurate instructions.

My charge, driving with a suspended license, wasn't a problem since it was so long ago, and obviously I learned from my mistakes and won't ever do it again.

I think you'll be OK.

Hugs! x

EsJ87 said:
Sorry - I know this is an old thread, but I've just gained admission to the CSU-San Marcos ABSN program and am now terrified my past will haunt me. I have a 1st offense DUI conviction from 11/2011. I completed all remediation steps w/in the year. I had my probation terminated early, and the misdemeanor was also expunged in 9/2014. I've been able to secure a CA license to be a insurance broker, completed a 2 yr Masters of science degree in Healthcare Management, as well as held down a job at an insurance plan here in SoCal for 2 yrs. Will I have my invitation for admission revoked as soon as they find out about my old expunged DUI? I am hopefully that won't be the case...

I obtained a nursing attorney solely for making sure I had everything g together and was ready to apply. My very discounted rate only got me the office compiling my items and emailing me a request for additional or asking me to revise something.

According to the attorney my infraction was not a big deal and it actually ended up not being an issue but took longer to process me. My attorney said for DUIs or other "endangering" offenses those are the worst since you put others in danger. He said make sure you are off probation, you paid everything you owe, preferably off probation early, preferably dismissed the charges, show you are an active member in your community (crap ton of volunteer work ideally some in the area you offended like drug arrest -> volunteer with at risk youth), get letters from anyone and everyone saying you are a good person. Letters from your faculty is IDEAL once you are getting ready to apply. He said many times older DUIs the applying nurse ends up not even having an issue. Pretty much just show that you have grown up from the experience and would never consider doing something so dumb again.

I'm now officially a RN after 18yrs of struggling to obtain it! No restrictions or anything. No issues. But mine was a red light camera traffic infraction.

Specializes in Case Management.

Thanks fantastic - congrats, They say those that preserver always reach their goals. And I'm on hell of a stubborn lady lol - So hopefully even if I face an uphill battle I will succeed. My particular DUI was without injury or property damage thankfully. I completed all remediation required (including MADD presentation and 3 month AA program, fees etc.) I was able to get my probation terminated in 1.5 yrs instead of the 3 and my attorney was also able to secure an expungement on my behalf. Since then I've been busy working on my masters degree and working full time so haven't really volunteered so I will definitely be considering that!! If i start my program as expected I should be graduating ~ Jan 2019, at which time my DUI history will be ~6.5-7 yrs old, so I'm hopefully that helps as well.

FOR ANYONE WONDERING ---

This is the response I got from the school when I emailed my concerns.... Looks like entry into the program won't be a huge deal?

Hello - Thank you for reaching out and for your interest in our program. I commend for your efforts to get ahead of this and avoid any potential future issues. It sounds like you have done your homework and are well informed as to how this may impact your licensing. For admission into the ABSN program we do a preliminary background check. This is generally the lowest level screening. IF anything were to reflect on your record during this screening and you could provide proof of expungement you would be eligible to continue in the program. However, there will be at least 1 additional background check while in the program (additional checks can be determined by clinical site) and then a final one is done at the deepest level for licensure. As far as completing the program goes, I believe the expungement should cover your bases, however, if you have not done so already I would encourage you to reach out to the BRN to determine how this would be handled from their end at time of licensure.

Specializes in med surg.

Can you elaborate? Money for a lawyer? Do you know what type of lawyer to contact?

amberlys94 said:
Can you elaborate? Money for a lawyer? Do you know what type of lawyer to contact?

generally a nursing license attorney. There are quite a few different types of attorneys you could contact about your issue obtaining a license. All depends on your infraction and your response from the Nursing Board.

I had an infraction and unlike a previous poster who said expect a year minimum wait and tons of $$$, I only had to wait a few extra months and probably did not need an attorney but I chose to seek counsel before hand to assure I have everything completed appropriately and in the correct manner. My fees were minimal compared to many others

I read your article and took it to heart when writing my letter(s) to the BON. This information was extremely helpful to address my issues. I even added my 7 year sobriety coin in my package to the board! Praying hard but hearing nothing! Thank you for the information.

Hello, hoping for some opinions. In 2009 when I was 19 I received an underage drinking ticket which is a misdemeanor and ultimately the charge was dismissed after I completed the pre-trial diversion program. I have not been in any criminal trouble since. I am currently a licensed RN in Texas and when I initially applied for my license I disclosed the charge and wrote a statement to the board. I am now applying for endorsement in Indiana because I will be movng there next year. I am having anxiety that Indiana could decline my request for licensure in their state. Since I have an active license in another state is it unlikely they will decline my request.

Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.
sjvRN said:
Hello, hoping for some opinions. In 2009 when I was 19 I received an underage drinking ticket which is a misdemeanor and ultimately the charge was dismissed after I completed the pre-trial diversion program. I have not been in any criminal trouble since. I am currently a licensed RN in Texas and when I initially applied for my license I disclosed the charge and wrote a statement to the board. I am now applying for endorsement in Indiana because I will be movng there next year. I am having anxiety that Indiana could decline my request for licensure in their state. Since I have an active license in another state is it unlikely they will decline my request.

Every state is different. I know a nurse with a DUI on record that was licensed in a few states already but could not get a license in a desired state to do travel nursing. Your charges and circumstances are a little different, so you probably won't know until they grant or decline your endorsement. Did you contact the board and ask? That might help alleviate some of your anxiety.