CA board denying application for license by nclex exam, appeal? or stipulate? - page 2

by jaunddoe | 21,483 Views | 32 Comments

I unfortunately received a letter yesterday denying my application for examination for previous DUI's. I thought I waited long enough to apply, guess not. One was in 6/07 and the other 5/08. Now the letter says I can appeal but... Read More


  1. 0
    What did you decide to do? What was the outcome? I have a friend in the same predicament, any advice would be a gift. Also, expungements are very easy to obtain and would allow you to answer NO when asked (by most private institutions) if you have ever been convicted of an offense. Your county may have free services to help you with this process.
  2. 0
    on this site:
    https://ampecommerce.goamp.com/taana...w=1&startrow=1

    there is a list of CA nurse attorneys. you may be able to get a free consultation.
  3. 0
    luvmyfab5, thanks for posting that link! I was searching for attorneys who may shed some light on my situation and wasn't able to come up with anything, until I found this link.
  4. 0
    I'm going through the same situation. Just got my letter in the mail today. My dui was 2008 and 2009... im still taking my dui classes which wont be done until may 2012. I got a lawyer for my second one so it took a while to start everything. Anyways. I'm lost myself but I will be contacting the BRN about this situation. I cannot afford a lawyer so I will try whatever I can do without one. If I find out anything I will let you know and I hope you can do the same! goodluck!
  5. 0
    Well I'm in Florida so I'm not sure about CA. I just wanted to mention that a couple of my friends in nursing school had DUIs. Both of them were given unrestricted licenses after they had proper documentation and reference leters from instructors. I, myself, was recently approved and I have had a juvenile incidence.
    I had state and FBI fingerprint checks done on me and it came back "clear" and "no hit". IDK. I still disclosed it to the BON. It was three months of scary but it worked out.
    My situation is different than yours and my BOn does these things on a case by case review.
    I'm wondering why they denied you. Was it that the incidence was recent (kinda).

    I agree that you should contact a nurse defense attorney......like yesterday.
    I'm sorry that you are going through this. Hopefully, you will be able to work it out. Even if you wait a year, I would still reapply.
  6. 1
    I was worried about my DUI as well and I was looking at the BON in California, even if you have the DUI's expunged, if you do not state that you have them on your forms it is considered falsified information and the board will take disciplinary action. It still comes up on your RAP sheet so there is no way to cover it up.
    syang83 likes this.
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    I had a similar experience and I will share with you the outcome. At the end if my first semester of nursing school, I got a DUI. I had a fairly high BAC at 2.1. The BRN requested more information about my arrest and subsequently denied my application to take the NCLEX. I was given the option to wait one year to reapply or to appeal the denial. I was offered 2 options for appeal: either enter into a stipulated agreement with the BRN or have my case heard in court. I began the appeal process and chose to enter into a stipulated agreement with the BRN. THe attorney general's office contacted me, I don't remember the exact progression of things but they eventually sent me a document outlining the conditions of our agreement which I agreed to and signed. The agreement was then sent to the BRN to either approve or deny. I received notice just last month that the agreement was approved by the BRN to be effective today 11/2. The conditions of the agreement are a bit painful. I have accepted a 3-year period of probation. In this period I must submit to random alcohol and drug testing. I must attend 1 AA meeting a week, enroll in a 6-month substance abuse program, have a psychological evaluation, work with a physician specializing in addiction who will follow my case. I think that's it.
  8. 1
    Quote from donnacarol
    I had a similar experience and I will share with you the outcome. At the end if my first semester of nursing school, I got a DUI. I had a fairly high BAC at 2.1. The BRN requested more information about my arrest and subsequently denied my application to take the NCLEX. I was given the option to wait one year to reapply or to appeal the denial. I was offered 2 options for appeal: either enter into a stipulated agreement with the BRN or have my case heard in court. I began the appeal process and chose to enter into a stipulated agreement with the BRN. THe attorney general's office contacted me, I don't remember the exact progression of things but they eventually sent me a document outlining the conditions of our agreement which I agreed to and signed. The agreement was then sent to the BRN to either approve or deny. I received notice just last month that the agreement was approved by the BRN to be effective today 11/2. The conditions of the agreement are a bit painful. I have accepted a 3-year period of probation. In this period I must submit to random alcohol and drug testing. I must attend 1 AA meeting a week, enroll in a 6-month substance abuse program, have a psychological evaluation, work with a physician specializing in addiction who will follow my case. I think that's it.

    You have to do all that for ONE DUI? Yuck! Do you have a probationary license (with restrictions) or a unrestricted license while you jump through all those hoops for the next three years? At least they are giving you something to work with but gosh, the terms seem excessive.
    syang83 likes this.
  9. 0
    Quote from donnacarol
    I had a similar experience and I will share with you the outcome. At the end if my first semester of nursing school, I got a DUI. I had a fairly high BAC at 2.1. The BRN requested more information about my arrest and subsequently denied my application to take the NCLEX. I was given the option to wait one year to reapply or to appeal the denial. I was offered 2 options for appeal: either enter into a stipulated agreement with the BRN or have my case heard in court. I began the appeal process and chose to enter into a stipulated agreement with the BRN. THe attorney general's office contacted me, I don't remember the exact progression of things but they eventually sent me a document outlining the conditions of our agreement which I agreed to and signed. The agreement was then sent to the BRN to either approve or deny. I received notice just last month that the agreement was approved by the BRN to be effective today 11/2. The conditions of the agreement are a bit painful. I have accepted a 3-year period of probation. In this period I must submit to random alcohol and drug testing. I must attend 1 AA meeting a week, enroll in a 6-month substance abuse program, have a psychological evaluation, work with a physician specializing in addiction who will follow my case. I think that's it.
    when u went to your appeal...did u have a an attorney representing you? just curious, i have one dui and im trying to make sure to cover all my bases when i get my denial from boa ;/
  10. 0
    Judging from what donnacarol posted, it seems it would be less painful and inconvenient to just wait one year and reapply. Find something else to do for a year.


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