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

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    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 if denial is upheld I cannot reapply until a year after that decision. I could not appeal and can reapply one year from the date of this letter or It also says if I appeal in place of a formal hearing I can request an aggreement or stipulation that is somehow worked out between the Attorney General's office, the board and I. I then may be able to obtain a license on a revoked status if I pass the test and placed on probationary status. (and that's IF the board agreed to the stipulation) IS THAT SOMETHING I SHOULD REQUEST TO DO, OR JUST NOT APPEAL AT ALL???????? Because the formal hearing doesn't sound like the way to go, I'm sure the denial would be upheld.
  2. 32 Comments so far...

  3. 0
    Hi,
    1. Have you documented rehabilitation since the DUI incidents? Did you request your nursing department chair or loved professor/mentor to write you a letter of rehabilitation? Any MDs or people of high status to beg if need be? There are documents that you should have gotten together, and the stronger they are the stronger your case is.
    2. In some states (like CA), people can qualify for free or sliding-scale legal consultation and I think this is your opportunity to utilize a formal legal service.
    3. Combining steps One and Two from above (Documentation and Legal) -- and from what the BRN and diversion staff related to our nursing class-- working out an agreement between you three parties is probably the best route to go; Assuming you are ready for RN licensure that is!

    I wish you good luck.
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    Is it possible to get your record expunged?
  5. 0
    Hi,
    Expunged? The BRN already knows... Too late right?

    If you had the DUIs when you were under 18, it would be iffy at best to assume that the BRN would not have access to your juvenile records. Sealed schmealed.

    Now that the BRN knows, however, I think it is too late. Plus IMHO I do not think that adults can summarily "expunge" their DUI record.

    Good luck.
  6. 0
    Quote from AaronInTheBay
    Hi,
    Expunged? The BRN already knows... Too late right?

    If you had the DUIs when you were under 18, it would be iffy at best to assume that the BRN would not have access to your juvenile records. Sealed schmealed.

    Now that the BRN knows, however, I think it is too late. Plus IMHO I do not think that adults can summarily "expunge" their DUI record.

    Good luck.
    My thinking would be that the BON can only consider the information in front of them. Meaning, Yes the first time you applied you had a DUI conviction on your record. But, when you had your appeal the DUI is no longer on your record. I don't think it would hurt to try and get the DUI expunged off you record and yes it is possible an as adult to get a DUI expunged of you record.
  7. 0
    Moved to Nursing License with Criminal History Forum.
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    Don't waste your money getting something expunged off a record that your going to have to disclose anyway, It doesn't make much sense. I can see if you needed it off your record for clinicals or something, but the BRN WILL find out if you have ever been arrested, much less convicted. If I were you, I would appeal the process and see what happens. I am wondering if a licensing attorney would be useful to you. I would at least call and see what may be offered to someone in your situation. Out of curiosity, did you have any problems with clinicals and your background check? I thought a record was 'clean' for background checks after seven years, but your do seem more recent. Just wondering because I am also in california and it seems that many others have struggled with clinicals and a arrest record.
  9. 0
    My brother was able to get a DUI expunged off of his record as an adult. So I would try to get it done again. I would then try to appeal or reapply at that time.
  10. 1
    Quote from azarij
    my brother was able to get a dui expunged off of his record as an adult. so i would try to get it done again. i would then try to appeal or reapply at that time.
    from the faq's sticky above:

    if you have an expunged/sealed/deferred criminal record you may think your answer to the question is "no". however, the nevada's faqs make it clear your answer should be "yes".
    important points to remember if you’ve ever been convicted of a crime
    • even if you have been told a conviction has been expunged, sealed dismissed, dropped, closed, etc., it may still show up on your fingerprint report.
    • you could have been convicted even if you didn’t spend any time in jail.
    • criminal convictions include misdemeanors and felonies.
    • if you answered “no” to question #2 and the board finds you have a conviction, your application will be denied as a fraudulent application. http://www.nursingboard.state.nv.us/...20convictions/

    most states do not have the additional, clarifying information on their websites like nevada does.
    if you have a criminal history regardless of whether or not it has been expunged/sealed/deferred you need to ask the bon!

    more and more states are requiring fingerprints as part of a fbi background check. if you have an expunged/sealed/deferred criminal record it will show up.
    nothing is ever "completely" erased. licensing boards in particular seem to be able to find just about anything in an applicant's criminal past.
    syang83 likes this.
  11. 0
    Hello jaunddoe,
    I know someone in a similar situation and they need guidance. Did you have a formal hearing or as an alternative request an agreement or stipulation to be placed on probationary status? Any advice would be a gift. Keep the faith, you didn't come this far to give up. : )


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