Denied to take NCLEX, should I take an attorney to my hearing???

  1. 0
    Hi,

    I finished nursing school and was denied to sit for nclex due to a recent misdemeanor conviction. I have a formal hearing with the BON coming up, and I am very confused as to what happens next. I'm reading so much about hearings & that it isn't wise to appear without an attorney...I'm also being told that an attorney can not help me much, as I have been found guilty & I just need to try to explain my situation the the board, bring character witnesses if possible, character reference letters etc. etc. I just want to completely own up to my misake and see if I can be licensed, if not then sometime in the near future. I was even advised by several atorneys that I spoke with that, they cannot guarantee that I will get a license. A nurse that I know, told me that bringing an attorney also angers the board, but the hearing will be heard before the boards prosecuting attorney? I just don't know what to do? If anyone has been in a similar situation and can offer any input, I would really appreciate it!

    Thanks
  2. 28 Comments so far...

  3. 0
    Yes without a doubt bring an experienced attorney that has a history of representing persons before the board. Remember the board is not your friend
    you need your own advocate- its your life.

    Marc
    PS Your friend is not correct.
  4. 2
    It is going to depend greatly on what your conviction was for. I urge you to have legal representation and try to find an attorney who is a nurse or who has had legal dealings with the board previously. You need an attorney who understands the board rules for your state.
  5. 1
    You want an administrative law attorney and if possible, one who is a nurse/attorney.
    NRSKarenRN likes this.
  6. 1
    Check out the referral service here: TAANA www.taana.org
    rzookrn likes this.
  7. 0
    Definitely get an attorney. Please talk to a criminal defense attorney particularly one who has experience dealing with the Nursing Board. Nursing Board is not your friend. Don't go alone. I hope everything turns out well. Good luck & remember to get representation.
  8. 0
    With all due respect your "friend" is incorrect about bringing an attorney to any hearing before the BON. Even if it did "anger" board members, so what? This is not sorority rush week, but a very serious matter indeed.

    State BONs are charged with protecting the public safety by vetting candidates for professional licensure, and keeping those already licensed from becoming a danger to society. Their methods, proceedures, standard and so forth are set forth by law, not personal bias.

    Find a good lawyer and let him or her judge how best to present your case before the board.

    As for the advice that you were found/plead "guilty" and therefore the hearing (with or without a lawyer) cannot do much is not exactly true. What was the conviction for? How long has it been and what have you done since then to show that you've turned your life around? Was this your only "brush with the law" and forth can all have some bearing. The nurse practice act for your state will speak to convictions in regards to licensure.

    Am honestly shocked you managed to finish nursing school without being told either directly or indirectly about anyone having criminal convictions needing to speak to the BON. Here in the New York area most every school tells prospective students right up front that if they have "issues" to contact the BON either before applying to the program, or certainly before graduation. There are cases here where a conviction will cause certain clinical sites to bar a student nurse from their grounds, and in some cases the program will work to try and find alternate arrangements.

    Do NOT go to that board hearing alone! Best of luck!
  9. 0
    Thanks everyone for your timely replies. I did hire an attorney and he told me to get as many character reference letters as possible and any proof of rehabilitation after the conviction, community service, volunteer work etc. etc. I have managed to get excellent character reference letters from my employer, patients that i have cared for, my nursing school instructors, and I did a lot of volunteer work in the past years. I was wondering would proof of counseling help as well? I was just recently convicted and it does involve a crime of "moral turpitude" in a way i feel that I am screwed, but I just can't see myself giving up without atleast trying. I made a bad choice and i am willing to pay for what I did, but I hope to someday be a nurse. Has anyone received a license with a probationary status/or have to wait as a penalty say a year or more before able to get their license? I'm just so afraid to face the board, will it be like I'm on trial in court? I hope that there is a light for me at the end of this tunnel, funny how i just got approved for a CNA license but denied for a nursing license and I finished nursing school. Al so, is it possible for me to apply for a nursing license in another state while this is going on or after, or that is not allowed?
  10. 3
    Just hang in there! I know how difficult this is, I am also in the process of trying to not lose everything I've worked so hard for! We don't really know the whole process of these things untill we have experienced it firsthand. It's scary & unpredictable!

    I'm glad you hired an attorney. You should address your questions with your attorney, as non-experienced advise is not always the best advice. Trust me, I have received plenty of bad advice that just added unnecessary stress to my already stressful situation. You should not have to worry about facing the Board if you have a good attorney representing you. That's why we give them everything in our savings account.

    Remember, there is ALWAYS a light at the end of the tunnel...as long as you don't allow yourself to remain in the darkness. I have grown quite a bit from my experience. It's a challange to stay optomistic & positive, but I know one day I will look back on this & see the reasonong behind it. I decided to fully trust God for the first time in my life. I've "said" it before, but I wasn't 100% there. Now I am there...& I am different.

    The trials in our life come to us to prepare us for the great work we are meant to do in the future. I apologize, the preaching just comes out. It is how I am surviving my greatest life battle with a smile on my face.
    rngaltx, PhoenixTech, and nurse_wannab like this.
  11. 0
    Hi cocolola,

    Thank you so much for sharing your thoughts on this, as well as your experience. So far I have been dealing with this issue alone and no one understands what I am going through right now. In four weeks, I will have my hearing to see if I will ever licensed or not. My attorney just says that I will have to somehow show the board that I am of good moral character and made a mistake.

    I feel that this is by far the worst thing that has happened to me and I know that I will be a stronger person after the outcome. I don't think that you were preaching at all, just being positive, optimistic and speaking the truth. I'm struggling to be my attorney paid off by my hearing date, but I know that somehow, it must be done. I'm assuming by your post that you are already licensed, and may be in jeopardy of losing your license?

    If you want to private message me, I would love to have someone to talk to about all this. I've been too embarrassed, do I haven't told people or many of my friends or family. Keep trusting in god and he will take care of you no matter what!


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