DENIED from BRN in CA to sit for NCLEX-RN

Nurses Criminal

Published

I'm a recent ADN graduate as of December 2011. I applied to the BRN to sit for NCLEX January 2012. Today is 5.10.12 and I received a call from a supervisor of he BRN (left her a message, she returned my call). The call informed me that I was DENIED to sit for NCLEX. I have yet to receive my denial letter (It should arrive within the next 2 weeks). I was convicted of a crime of "moral turpitude" in 2002 (I was 21); the charge was "defraud; embezzlement for $180. I owned up to my mistake, paid for my mistake, and took/take full responsibility for my crime. This is a crime that was dismissed and expunged (I am aware that it will forever follow me regardless of the expungement). My question is/are this/these...has anyone gone through this process. I am aware I will have to appeal it. I will have to sit before a judge. I will not be able to afford an attorney, I barely have a roof over my head and food in the fridge as is. I have been a licensed phlebotomist since 2008 and up to date. Why would I be allowed to obtain a Phlebotomy license with this conviction? How can I even get in to nursing school with this conviction? and then be denied to sit for NCLEX? I understand the differences between a phlebotomist vs. RN but seriously?? I'm still dealing with pt records and pts. I submitted all of the documents and character letters of recommendations that were asked. I don't know how I can be proactive while I wait for my letter. It's been 5 months since i've graduated and the BRN Rep said that the appeals process can take a minimum of 6 more months. They also said that there will be an attorney to contact on my letter to see if I can "settle" out side of court.. What does that even mean? If anyone has been through this or has tips and or advice as to how to go about the appeals process, how to approach the lawyer listed in the denial letter once received. even words of encouragement would be great. I am beside myself with grief. All the hard work, the sacrifices my husband made for me to get through school, not to mention the strain on every relationship I have while in school, the embarrassment, the humiliation of having to respond to all those who keep asking me "have you taken NCLEX yet?" I don't even know what to say now. My mother-in-law has been an RN for 35+ years and suggests I apply/sit in Missouri (that was our original plan until my car was stolen and bank acct wiped out 2 days after graduation.) Any thoughts on that?

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Specializes in Medical and general practice now LTC.

Moved to the nursing licensure with criminal history

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So how come I have over 1,000 views and no comments other than my post was moved? nosey, or what?

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Specializes in Nephrology, Cardiology, ER, ICU.

I think what you will find is that no one can answer this question. You might want to consult with an administrative law attorney as that is the only one who can answer your questions.

I know in IL "crimes of moral turpitude" are enough to not allow you to get a license.

"Whether the crime was one of moral turpitude, breach of trust, or misfeasance or malfeasance, including but not limited to, drug offenses under the Illinois Controlled Substances Act [720 ILCS 570] and Federal Drug Enforcement Laws [21 U.S.C. 801], sex offenses listed in Article 11 of the Criminal Code of 1961 [720 ILCS 5/Art. XI] dishonesty, false statement or some other element of deceit, untruthfulness or falsification, and perjury or inducement to perjury;"

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Yeah, just nosey...

No experience in having a criminal background so don't know what to tell you.

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Specializes in MDS/ UR.

I wouldn't say nosey. It is a public board and people look. People looking doesn't always guarantee a response. You probably should at least consult with a appropriate attorney for options. Good luck.

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If you have "no experience in having a criminal background" then why even bother prowling this thread or topic??? Thanks for the honesty "just nosey!"

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I understand that this is a public forum and that people look, i'm not an idiot. The only reason I have gotten any reply's is because I mentioned that some may be nosey and that struck a nerve. Case & point. Thanks for the response.

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So how come I have over 1,000 views and no comments other than my post was moved? nosey, or what?

I guess I'll go with "or what".

It's not "nosey" to read what you've posted and not reply. Once I read what your problem was, I knew that I had no idea what to tell you that would be of help. Frankly, I couldn't wrap my head around someone going through all that it takes for nursing school (as you outlined in detail) and somehow NOT have contacted the BON FIRST? Looks like you missed Step One and are angry that someone else didn't catch it for you....you wonder how it is that you "got into nursing school with this conviction". How about 'because the school was happy to take your money to educate you, and it is NOT their responsibility to make sure you will be permitted to take the NCLEX with your criminal hx--that would be YOUR responsibility'.

A simple call or appointment with someone from the BON would have told you flat out that you were wasting your time, at least as far as they were concerned, since they were not going to let you sit for the NCLEX, period.

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Specializes in Education, FP, LNC, Forensics, ED, OB.

These are questions we just cannot answer for you. You'll have to wait for your BON to properly advise you and in the meantime, suggest you seek legal counsel. Good luck.

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