Texas Pre-Nursing Student - Charges with Non-Dislosure Orders - Declare y or n?

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    I am currently working on my pre-requisites and plan to apply to an ADN nursing program next spring for the fall 2013 semester. Since I have a felony and misdemeanor deferred adjudication both from over 30 years ago, both for which I hired an attorney to obtain Orders of Non-Disclosure and since I can actually answer the questions on the Texas form that I do not have any arrests, deferred or convictions. However, although a regular FBI background with fingerprints does not bring up the history, there is a provision of the "non-disclosure" law that allows the Texas BON to access the entire record that is now only available only to law enforcement. According to the TXBON application for NCLEX it says that while you can answer truthfully that you have no prior history, they if a non-disclosed charge comes up that brings into question your character, they may decide to review. With it being so long ago and with the non-disclosure orders, both of which allows me to work in hospitals and to gain entry into a Nursing program, I've have not sought a declaratory orders or pre-approval. Why open a can of worms has been my attitude. But with the long delays people are experiencing by waiting until after they graduate has me rethinking the issue and exploring seeking a Declaratory Order now.

    Does anyone here have any experience, success stories especially, with TXBON and charges that have gone through and obtain Non-Disclosure Orders?
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    Last edit by NRSKarenRN on Jun 23, '12
    boomertx likes this.
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    NRSKarenRN Thank you for your quick response. I’m going to get ball rolling by getting a copy of my State of Texas/FBI record. It costs only $30.00 and will contain the information that TXBON will eventually receive. I recall having gone to court for a public intox charge which the BON lists as one they do not pursue for enforcement review. However, it does not show up in routine background checks . I realize from the links you provided if I don’t disclose it might well come up and I will be in more trouble. I’m thinking I will seek out the Declaratory Order for that (if it show up in what TXBON will receive). Since I don’t have to disclose the non-disclosure offenses, I will not voluntary disclose. If thereafter they decide to pursue enforcement review from what comes up in the FBI report they will write me for more info. I would then be inclined to hire a qualified attorney to respond to their requests because, as I have been informed by the county, the record for the misdemeanor have been destroyed due to their age and the felony record has been lost.

    My understanding is that by petitioning the court and obtaining the “Orders of Non-Disclosure”, I went through a judicial process where the prosecutors and judge agree and find me rehabilitated and not a threat to myself or society. The criminal record they receive will show this final disposition. Add to this it was 30 years ago when I was 22 (I’m now 56) and no criminal offenses thereafter (yes, I did learn my lesson) I am optimistic I will be approved; however, it not then I need to know. Why spend 3 years in time and money (i'd be 59 by then) to find out there is a problem.

    Again thx.
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    I originally wanted to apply for a pardon to clear my record only to find that offenses that result in “deferred adjudication” are not eligible for a pardon because it not a definitive finding of “guilty”. It cost me around $2,000 in attorney’s fees and court costs to get Orders of Non-Disclosure back in 2004 because my record hindered me in obtaining employment. I just wished I had the foresight and knowledge and MONEY to fight the felony charge for which I was not guilty (I know we’re all innocent , lol). Rather than testify against a friend who was guilty I easily accepted the “deferred adjudication” option that I understand would end up with nothing on my record when I completed it. A “not-guilty” on the other hand would have allowed me to obtain an expunction.

    Well we live and learn. One thing I learned is that obtaining the Orders of Non-Disclosure is a definite benefit in securing employment and assured privacy. Prior to that I had few second interviews and no offers; afterwards, a dramatic difference. Up to then anyone could to the local records check website and see everything I’d ever done. Now it’s blank. I believe what makes it so effective is that only certain approved governmental, law enforcement and licensing and public entities that can access information sealed under “Non-Disclosure Orders”. It would certainly be of help to individual who have their RN license and can legally state “no” to criminal history questions on applications, eliminating a "red flag" and not being denied or fired from a job for not disclosing. You may wish to check that option out.
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    Did you get a letter of acceptance yet?


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