Denied CA lvn license for 2 DUI's - Page 3Register Today!
- Apr 29, '11 by chris82I did go through the same thing but in another state. I did hire a lawyer but honestly you probably could do it your self. I would go and get a drug and alcohol evaluation to state that you have no dependency or abuse issues. Make sure you are familiar with the DSM IV on drug and alcohol issues. Get letters of reference from classmates,instructors, employers, etc. I know this can be embarrassing but in the end it will pay off! This process took me over a year. I am a nurse who after a year passed on my first attempt and I have a job! Fight it the nursing boards across the country need to change how they deal with people with criminal records. Seriously if they are not going to give you a license why even let people into the school in the first place! GOOD LUCK.
- Apr 30, '11 by kzimmermannHi jeff3852 and chris82,
First off, thank you two so much for the support. Your kind words and suggestions mean a lot to me. Jeff3852, you're truly an inspiration to be an advocate for people in our situation.
Last night's birthday meeting was especially emotional, and I was so happy to be a part of it. I choked back tears during my speech.
I will definitely follow both of your suggestions: I'm going to document my attempt to get a declarative statement from the BON, and if all else fails, I can drive to the offices in Sacramento (it's only an hour away) and attempt to get some type of appointment. After I get out of class on the 25th, I'm going to devote time weekly to getting all my documentation together and amassing letters of recommendation. By the time I graduate 2 years from now I should have _something_ good.
Chris82, I'm so happy to hear that you got in! It's truly a beacon of hope for me.
Thank you both again, and any information I can find for those checking out this forum, you bet I'll post it.
- May 3, '11 by HorseshoeQuote from jeff3852I am faced with nearly the same exact situation. I had 2 DUI's nearly 16 and 17 years ago. I did a background check and so did the school and none of these turned up. Due to the fact of how old these 2 misdemeanors are I did not disclose them on the application. I took my test 2 weeks ago but received the letter in the mail today. There should be something in place where the school or the board (prior to taking 1 class) should give you the go ahead to obtain your license. I put my life, my families life, finances etc on hold for nearly 1 1/2 or school and now I may not get a license???? This system needs to change and I am also talking about the length of time we receive test results. It is absolutely ridiculous to have to wait a month to 2 months to find out if you passed.
The one thing I may suggest is to consult legal council on this and see if you have a legitimate complaint to overturn their decision. This is absolutely ridiculous and the Board needs to review the way they conduct business.
Jeff, I have to wonder if the problem you face is not the old DUI's but that, from the BON's perspective, you lied about them. Convictions don't just "disappear" because time goes by. They still have to be reported honestly. You haven't said that these convictions were "expunged," you only say that they happened a long time ago. A criminal record follows you for life. My understanding is that general background checks done for employment purposes may not show expunged convictions, but background checks done by licensing boards or government entities will reflect all arrests/convictions, even those ordered to be expunged.
I would definitely try to find out if the hold up is actually perceived dishonesty vs. the DUIs. With the proper remorse and a convincing argument that you misunderstood your convictions were not expunged, you might get somewhere.
- May 12, '11 by octaviaMQuote from jeff3852Jeff, you said you were going to get a lawyer... did he or she happen to tell you how it takes to hear from the attorney generals office? I received a letter from the board stating that they received my letter for the appeal hearing but I would be hearing from the attorney gen. office for future communication. It has been now over 3 weeks... I still can not believe the board denied my application after everything I went through! School, Blood IV cert, NCLEX and passed! Do you really think I should hire an attorney??First of all let me say I am very sorry for the loss of a family member. It is terrible and I agree that getting a DUI is a very serious thing. The school absolutely tells you that they do a background check. I had 2 DUI's that are nearly 16 and 17 years old. If I had any knowledge either by the BON or from my school that I would be denied a license then I would have chosen another vocation altogether. I no longer drink and have been sober for 14 years and I am an advocate against drunk driving.
There are current nurses that while they are holding a nursing license have had a DUI. The problem is that they are still able to practice. There is no uniformity, or standard rule on driving or criminal convictions that the BON uses. I am not faulting the BON for making sure nurses practice with honesty, integrity, and morality. I have a problem with spending 30K on an education I can't use. If I was told by either the BON or by my school that there was even a 2% chance I would not get a license then I should be made aware of that. The school originally told me that they would look at things such as fraud, embezzlement, felonies, drug possession/distribution charges.
The BON should have CLEAR GUIDELINES as to what they will accept and what they will not accept in terms of licensing. I am not in school to not get licensed and it seems that there are too many nursing students that are running into this problem lately. If they don't want to license nurses because of a DUI conviction then I have no problem with that. But they need to tell all the ones that are currently practicing with convictions that they can't practice anymore and that their license must be forfeited. I am asking for CLEAR, STANDARD GUIDELINES and not have the BON roll the dice with my future.
- May 13, '11 by Tiger747What does a D.U.I. have to do with performing the duties of a nurse. Well, unless you are drunk on the job.... nothing.
Google "discriminatory hiring practices involving misdemeanors" and you folks will see that many are suing, and...winning! The EEOC and EEO are warning companies not to use offenses unrelated to the perfomance of a the job applied for as an excuse not to hire.
Now, I know your problem is with the BON and not an employer-- yet-- but some of you folks need a good attorney to represent you at the BON.
Keep him/her on retainer, because you will need them again when you are looking for a job, unfortunately.
I guess in Boston, they have "banned the box"-- you know that box you have to check if you have ever committed a crime?
In all honesty, as unfortunate as it may seem, the BON may have done you a favor because denying your license allows you to put the idea of the career to rest. Had they granted you a license, you may have found yourself pounding pavement and sending in resumes for nearly a year to no avail like I am doing.
Getting the license is easy; finding a job with a criminal record is not. Actually, this is what the schools fail to tell you. I, too, was given a list of things the BON would look at. My little Simple Battery misdemeanor was not on there-- anywhere! Sure, I got a license. A probationary one that you cannot do anything with, and my offence is a decade old. I regret not having had an attorney at my hearing.
Good luck everyone. I feel your pain. So unfair. Only in America. LOL My European cousins just shake their head at the police state we have become.
- May 13, '11 by RNinWhiteQuote from Tiger747It has to do with poor judgement and putting innocent people (and potentially patients') lives at risk.What does a D.U.I. have to do with performing the duties of a nurse. Well, unless you are drunk on the job.... nothing.
- May 14, '11 by Tiger747Quote from RNinWhiteWith enough imagination, a relationship can be drawn between any two points. Who among us has not been guilty of poor judgement? At 23, you have not had a chance yet to even be under fire. Life happens.It has to do with poor judgement and putting innocent people (and potentially patients') lives at risk.
Anyone driving with bad/worn brakes, sleepy-tired, or talking on a cell phone is just as guilty as someone marginally over the legal limit insofar as potentially risking someone's life. Now... I was taught patients are no longer patients, but "clients". Regardless, everyone is at risk. Our last president had a D.U.I.
The million-dollar question is: How long should someone have to pay for a misdemeanor? Many, many D.U.I.'s involve people who are just barely over the limit, and since everyone's metabolism is different, I cannot say with conviction that every quote/unquote "drunk driver" was, in fact, a risk to anyone any more than a tired construction worker driving home from work. We need to give people the benefit of the doubt. There is the "sloppy" habitual drunk driver; and, there is the person who drank 2 ounces too much and ran afoul of a Barney Fife in a town desperately needing revenue since no one is working anymore and property tax revenue is down 50%.
You cannot paint with broad strokes and lump everyone into a stereotypical generalization. Maturity and good critical thinking skills brings about a certain amount of humility.
- May 14, '11 by kzimmermannQuote from Tiger747Well said, Tiger747. On a side note, I used to commute with a woman who's husband let the tires bald on their minivan (not that she couldn't have taken care of it, but you know what I mean), an accident was caused resulting in a fatality, and they were seriously sued as a result and penalized for "negligence".You cannot paint with broad strokes and lump everyone into a stereotypical generalization. Maturity and good critical thinking skills brings about a certain amount of humility.
For me, there is a lot of penance I have done and continue to do with regards to my sins of the past and no amount of research, debate, arguing, etc. is going to change the mind of those who consider me a deficient person or one of poor moral character because I'm an alcoholic. Ain't nothin' I can do about it, and I don't own others' judgment.
The point here of the thread, however, is to help each other through the process of trying to get our licenses and provide advice, understanding, suggestions, etc. -- not to feel that we have to prove that we're decent human beings. That gets us away from this thread's objective and results in a never-ending, no-win debate.
For those of us technogeeks, I'll just say, "Don't pay toll to the troll."
- May 15, '11 by Tiger747I hear you, kzimmermann. You are 100% spot-on.
Like Jeff, I, too, was handed a copy of the Indiana BON's by-laws upon acceptance in the nursing program.
I read them over inside and out and it became clear that they were concerned about criminal charges involving drugs (which makes sense IMO). The only other thing I noticed was that delinquent property taxes and child support payments were issues (which I perceive as somewhat unrelated, since both would be behind if you are unemployed, and being unemployed is not yet a crime).
Nowhere was there any mention of minor misdemeanors such as "simple battery", "D.U.I", or "fishing without a license". LOL Nowhere. I even read the whole thing again recently.
So, Jeff, I believe you weren't the only one duped into believing ancient history would be just that-- ancient history. I guess we got student loans for souveniers.
- May 19, '11 by Miss_TaylorAt 23, you have not had a chance yet to even be under fire. Life happens.
You cannot paint with broad strokes and lump everyone into a stereotypical generalization