NCLEX and licensing with 2 OLD DUI's

Nurses Criminal

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Hello everyone. I have seen this type of question posted before and have heard a lot of hearsay. Unfortunately, from what I've seen, the original poster never returns with an answer. So, I'm going to address it again and hopefully get a more definitive answer. I'll do my best to keep it short.

I'm currently in a BSN program here in California, and I will be graduating relatively soon. My only dilemma is that I have TWO VERY old DUI charges. They are about 8 and 10 years old give or take from when I was 19 and 22 years old, long before I even imagined being a nurse. They have also been expunged. I completed every single stipulation the court threw at me without incident. Since then, I have kept my nose clean and have maintained a 3.8 cumulative GPA (4.0 in all sciences) and will hopefully be graduating at the top of my class.

Shame on me I suppose for not being more proactive, but I am only now finding out that the board can deny my license and not allow me to sit for the NCLEX! Or worse, put me on probation (at which point I might as well jump off a bridge because there is no chance of getting a job in this market with a restricted RN license). I understand that California is extremely stubborn when it comes to DUI's, but I hate it here anyway; are there any other states that may be more lenient? Have any of you ever experienced this type of nightmare and how did it end? Should I just start my career in a different state and forget California completely? Give up and just work at McDonald's for the rest of my life? ANY advice is more than welcome! Thanks!

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Welcome!

There are many here ho can help you, Thread moved to criminal history for best response. This is a moderated forum so you will see a delay in posts/responses.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

This thread may help....https://allnurses.com/nursing-licensure-criminal/getting-california-rn-812736.html

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Specializes in Psych ICU, addictions.

I just had the pleasure of sitting on a BRN presentation where they discussed how they handle applicants with criminal records including substance-abuse related convictions.

Long story short: yes, they can deny you licensure. But they HAVE licensed nurses with DUIs, so the situation is not entirely hopeless. They look at each applicant individually though, and take into account many factors when determining if you should be licensed. The fact that your DUIs were long ago and you kept your nose clean since then: good sign. The fact that you have 2 DUI charges in the first place: not so good.

Also, you MUST declare expunged charges to the BRN when applying. So like it or not, you will have to fess up.

I would start gathering all necessary supporting paperwork such as letters indicating you fulfilled the stipulations, completed drug/alcohol programs, character references, etc. If you have to contact the courts to get copies of this stuff, do it now as courts are notoriously slow in processing these requests. Supply the BRN with any documentation it asks for.

If and when the BRN asks you to appear before them to discuss your convictions, I strongly urge you to have a lawyer present with you. The BRN is NOT the nurse's friend: they care about the safety of the public. You need someone at that meeting to protect your interests because the BRN certainly won't. You can find lawyers versed in dealing with BRNs here: TAANA Executive Office - Home

Don't give up just yet...it can be done. It just won't be quick or easy, nor is it guaranteed. But it can be done. Best of luck.

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Thank you for your response! I also found out that in Texas at least, they do not consider ONE dui as grounds for investigation, as long as it wasn't a felony. I know I have two, but that seems like somewhat of a good sign to me that they don't consider a DUI a "Serious" offense. Also, in Texas they have what is called "youthful indiscretions" where if an applicant committed these crimes under the age of 22 (which would be me!) they look at it entirely differently. Also in Texas you do NOT have to disclose expunged records on your application. So I'm just going to press on and hope for the best. But the whole thing is just ridiculous to me. MADD mothers and lobbyists have made it so that you would look better if you were a murderer or a drug addict than to have gotten a DUI. Don't get me wrong, I regret what I did and I take full responsibility for my actions, but to potentially RUIN the rest of somebody's life because of the TWO and only TWO mistakes they made at 19 and 22 years old is just insane to me. The difference between a 19 year old or 22 year old and a THIRTY year old is HUGE! Completely different people. I just hope the BRN sees it this way.

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Also, I want to know if anyone has had a similar situation in California and has gotten an unrestricted license? Having a restricted license would do me no good. I'd also like to know how does it affect your chances of getting licensed in other states if say you were given a restricted license in California? Could I still go work in Nevada? Texas? Arkansas? Or will me being denied/put on probation greatly reduce my chances of ever getting an unrestricted license in other states? Thanks!

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Specializes in Psych ICU, addictions.
Also in Texas you do NOT have to disclose expunged records on your application.

I had to double-check that one...and you are right :) I did find it interesting that the TX BON stated that if you don't disclose it, you better make sure it's expunged or sealed or you'll be in a world of trouble with them.

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Good luck Carl Winslow. I'm in a similar boat - charges between the age of 19-21 and now I'm 31. I'll post if I have a success story.

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Yes please do morningglory! Have you finished school yet? Or are you still waiting to graduate? Let me know what the BRN says and good luck to you as well! This is all pretty B.S. as far as I'm concerned, but I've heard that as long as enough time has past and you've done everything your supposed to do, it shouldn't be too much of an issue. I'm just hoping that the board consists of logical and understanding individuals.

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Finished school and received a letter of denial with a waiver form to take NCLEX if I agreed they'd hold my results until a final decision is made regarding license, etc. I registered for a test date and took the NCLEX and the exam shut off at 75! Yeah (I think that's a good thing). Now I wait, continue working on my life and evidence of rehabilitation, and let go of the anxieties of worrying about the outcome.

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Well at least they let you take the exam lol. This is all so ridiculous; I'm sorry for both of us and anyone else who has to go through this nightmare. Granted, it was our own fault for doing what we did, but we've MORE than paid our debt to society! The mistakes we made at such a young and ignorant age should not be allowed to follow us and haunt us for the rest of our lives...but here we are :( Evidence of rehabilitation? You'd think that 10 YEARS or 3,650 days without incident would be proof enough! I'm with you; just keep pressing forward and hope that there is fairness in the universe. The thing that upsets me the most, is that if we are given probation (which would be career suicide if we agreed to it), we more or less have to admit that we are addicts and have some gigantic problem that we cannot control, which is SO far from the truth! But, from what I have gathered from friends and cruising the internet, the board will automatically deny you right out the gate. Then they will take their sweet time getting back to you. They will make you wait, wonder, and squirm. But, after that is all said and done, many end up getting an unrestricted license; there are just a lot of hoops we have to jump through. I would also get a lawyer to help with your appeal. I'm going to also once I get my denial. Just be patient and hope for the best, I'll be praying for both of us.

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Specializes in non-animals.

Agree with Meri, you have to start getting letters from your instructors (yes they are going to have to know about you DUI so they can address is in their character letter). They are most likely going to deny your license the first time around so be ready to work in a non-nursing field for awhile (caregiving, tech, etc). Another big thing is to get all your legal papers in order which are the police reports, court documents, etc andmake sure they are all certified with a stamp as they will decline to use it if the papers aren't certified.

It is going to be along process but I have heard some people getting an unrestricted license (including me) after the while ordeal is over. Good luck in your journey.

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