Denied CA lvn license for 2 DUI's

  1. Help!! I recently graduated from LVN school iin California this past Sept 2010, took my blood/IV cert class, and then went on to PASS NCLEX. However, the day I recieved the letter I passed my NCLEX exam the BVNPT sent a second letter stating that there will be a delay until a criminal investigation is complete. Now after a 3 month wait I recieved a letter stating that I had been "Denied for LVN license"! From the very beginning, prior to being admitted into nursing school I told them upfront and the board about my past DUI's. I had one back in 2001 and then unfortunately another one in 2008. I know this is my fault and I take full responsiblity. I have completed all rehab classes, paid all fines ect... I was in the food and beverage industry for 18 years and decided to change my lifestyle for the better after my second DUI. I have always wanted to be a nurse since I was little girl and now my dream is shattered! I do not have the money to pay for a lawyer, especially after spending $37,000 for a private LVN school. Has anyone ever....went to the administrative hearing on their own??? What are the chances that I will ever get my license? Can I still apply to another state after being deined in California? I would greatly appreciate it if anyone has any answers. Thank you
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    About octaviaM

    Joined: Apr '11; Posts: 12; Likes: 3


  3. by   octaviaM
    I forgot to mention that the 2 dui's were your standard misdemeanors. No wrecks, fights, ect...Of course the dui's are still bad, just wanted everyone to know that I have not felony's ect.. on my record.
  4. by   Aellisshort
    well i live in connecticut and if you have a record you can go thru court system to clear your record its a process of filing paper and writing letters,go to your local court house AND GET INFROMATIONON HOW TO FILE THE PAPERWORK
  5. by   nemix
    what school did u attend
  6. by   jeff3852
    I 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.
  7. by   octaviaM
    I have talked to two different attorney's, another $4500 - $7000 then the board also charges you for their investigation time (if they decide to give me a probationary license). I went ahead and sent in my letter for an appeal (administrative hearing), I am not sure if I am going to use a lawyer or represent myself. I wish the best for you, I hope you get your license. Are you in California? I agree, the schools should either tell us up front or not let us in at all if there was even a 50/50 chance that I may not receive my license.
  8. by   jeff3852
    I am just starting to go through the whole process now. There should be absolutely no reason why the Board does not disclose this information up front. If I thought there was even only a 10% chance I would not be licensed then I may not even taken a $27,000 risk on school, studying, stress, anxiety. If they allow others who have had prior convictions and some that have current convictions to give licenses than it seems that the system is biased and discriminating.
    They drag their feet with everything from getting back test results to putting students lives on hold for as long as a year. If I don't receive a license because of 2 misdemeanors that happened well over a decade ago then current nurses that have prior and current convictions should also lose their licenses as well. There are nurses (currently) that have criminal/misdemeanor records but are allowed to practice. They need to have a STANDARDIZED list which is also provided to each and every nursing school on what they will and will not accept as far as convictions and licensing is concerned. What the Board is doing to nursing students is CRIMINAL and the discrimination needs to stop.
  9. by   carrie_c
    I am not in California, but I agree. I think it is the same with every BON. I am in TN and about to graduate school. I have 2 convictions that are over 7 years old, and I have no idea if I am going to be able to get my license. The TN BON does have a list on their site, but then underneath it, it says that any conviction could keep someone from getting license. So I really don't know what the point is in having a list.
  10. by   hracw
    HA! They denied my licesne as well. I passed the NCLEX lvn in 12/2010. They just sent me a letter denying my license and I even helped gather all the paper work for the investigation.
    I sent off my appeal the same day (4/15/2010) and believe me.. I wasn't nice. They are harsh and they do not care about people.
    My conviction was reduced then dismissed. I even had a letter from the judge stating that she removed it.
    I am in my first month of BSN classes and feel very discouraged. I spent 29,925 on my LVN school and I don't even know if i will be granted and LVN license...let alone an RN license. So once they come to a conclusion on my appeal I will update.
  11. by   NurseCubanitaRN2b
    This is all too weird as when I went to LVN school we were told that there would be a background check. I'm surprised that none of you were told that there would be a background check.

    I guess in the boards mind is that they want to make sure that the applicant displays honesty and integrity before they will grant them a license. I'm not saying that those who were denied don't deserve a license but a DUI is a serious offense and someone could have gotten seriously hurt or maybe even killed. In the boards mind they are probably thinking who knows they may have only gotten caught once or twice, but is this a regular habit of the applicant? The BON has a lot of things to consider before they license anyone. I'm the first to admit that we are all human and we all make mistakes and we learn from them. But, I'm also someone who lost a family member due to someone driving under the influence that survived. So I see this a little bit differently than most people do. Best wishes and good luck to you all who are having this issue.
  12. by   carrie_c
    I don't have a DUI, I have other charges, but I think state BONs need to have a list of convictions that would result in not being able to get a license. My nursing school did tell me the BON would do a background check, and that my convictions may or may not matter. The thing is, the background check my nursing school performed did not show either one of my convictions, it was clear. But I knew I would still be taking a chance with the BON. I even called the BON and was told my convictions shouldn't matter, but even they couldn't give me a clear answer. The only thing I can do now is turn in all my paperwork and pray that they give me a chance. The dean at my school said it could take months to hear from them, so that means it's going to be a very long summer waiting to see if my dreams of being a nurse are crushed.
  13. by   jeff3852
    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.
  14. by   hracw
    Just fyi.... Before entering the LVN program they did 3 background checks on me. No DUI offense...but still we all deserve a shot. thanks.