TX BON enforcement questions

Nurses Criminal

Published

Specializes in CCRN, PACU, MICU, SICU.

Hello All,

Here is my story: back in 2001 I was arrested for a dirty/unclean/fictitious license plate (was selling my car, and the person I sold it to put a registration sticker on the car that did not in fact belong on my car, I was driving, so I was detained). I was immediately released, and no charges were ever filed. It never went to court, no verdict, etc etc. Since then it has never shown up on a background check (even the one I did for Homeland Security where I worked in the past few years). Fast forward to 2009 when I'm applying for RN school, it did not show up on the BON's "preliminary" background check they do before you get accepted into the program. Now in May of this year, I get a letter stating that since I checked "No" to the criminal background questions, I have committed "non-disclosure" and I must provide a statement and court documents. I did those immediately and they received them May 9.

I began calling the BON around May 20, only to find out all enforcement issues are initially viewed by the Director. Apparently he didnt' get my file until May 22, and he had 45 days from that day to look at it. I've since called and emailed him, and just yesterday find out my case is being sent to investigations which may take 6 months!

Here are my questions:

Have any of you had any similar experience with "non-disclosure"?

What are the outcomes you've seen?

How long is the process typically for non-disclosure? (I know the pat answer, 4-6mos, but even the BON CSRs I've talked to say it usually takes less time than that.)

Is it possible to apply to test in another state, like OK or NY, and give them all my info upront?

Is there anything I can do to speed up the process?

I interviewed for, and was hired for, my dream job in March: Med-Surg ICU Internship. The internship starts Monday, June 18. I've been upfront and honest with HR and my managers at my hospital, showing them all the same paperwork to and from the BON, and they are allowing me to begin classwork orientation (obviously, without my GN or ATT I cannot touch paitents). Once my classroom days are done, if I don't have my GN, I go back to being a tech. My hospital is being very understanding and states they will not take away my position--they will postpone it until September or even January if need be. Of course, if I can get this done sooner I definiteley will.

The most obvious statement I can make is that, had I known I needed to put this on my application, I would have done so. However, since I don't have a time machine, I must do whatever the BON decides.

I've been reading allnurses.com posts for years now, and I know how valuable a resource this is. Thank you to you who respond, and have a nice day!

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I am not understanding what it was that you didn't disclose? you weren't convicted of anything, weren't even charged with anything, so what the h*ll showed up?

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Specializes in CCRN, PACU, MICU, SICU.

The only thing that they found was the record of the arrest, which apparently the FBI has a record of any arrest ever made. Since it has never shown up on anything else, I didn't think it would ever show up at all.

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to be arrested, you have to be charged with something, but you said no charges were filed??

The only thing that they found was the record of the arrest, which apparently the FBI has a record of any arrest ever made. Since it has never shown up on anything else, I didn't think it would ever show up at all.
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Specializes in CCRN, PACU, MICU, SICU.

Per the court documents I received from the courthouse, verbatim, they read "our records do not reflect any criminal "A" or "B" Misdemeanor Charges..." I am telling you exactly what was told me. The ONLY thing in my FBI record is an arrest. NOTHING was ever done past that. I was immediately released and it never went any further. I feel we're getting stuck on a very trivial aspect of this: I've asked for advice and I've asked some specific questions. If we could please get to answering those questions I'd be very grateful.

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Specializes in CCRN, PACU, MICU, SICU.

Per the court documents I received from the courthouse, verbatim, "there is no record of criminal Misdemeanor charges filed for...from 1990-2012...". This is all there is. No charges were ever filed. The arrest is the only record that exists! It never went to court, so there is nothing else. I feel like this conversation is missing the point: I have some very specific questions that I have asked, and I am looking for any insight I can get into those questions. If anyone can help answer my questions, I'd be very appreciative.

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Don't worry. I just went through the same process. I was arrested.when WAs just 13yrs and receIved a letter saying I had to submit a declatory order with court papers.explaining what happened. I called state board n they said I will recieve an answer within 45 days. But within 30 days I received a letter saying my case was sent into enforcements and it could take 4-6 months before I hear anything. I was devastated because I landed an ICU internship that's starts this July 10. thinking I had no chance I gave up. But then I received a letter just Tuesday June 12 saying my case has been approved and will receive my ATT and GN permit within 30 days. Excited but now waiting anxiously for.the ATT so I can test and make the July 10 deadline. What I'm trying to say is that if it isn't anything major, you will most likely be cleared and allowed to take the test. The process can take forever though.... Good luck

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Not being picky, truely confused! I was afraid FOR you that the officer had filed inappropriate paper work.

Per the court documents I received from the courthouse, verbatim, "there is no record of criminal Misdemeanor charges filed for...from 1990-2012...". This is all there is. No charges were ever filed. The arrest is the only record that exists! It never went to court, so there is nothing else. I feel like this conversation is missing the point: I have some very specific questions that I have asked, and I am looking for any insight I can get into those questions. If anyone can help answer my questions, I'd be very appreciative.
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Specializes in CCRN, PACU, MICU, SICU.

Thanks babiiphatt, that does really calm my nerves. It sounds like a very similar story to mine, and I really appreciate you taking the time to tell it. I pray and pray that I won't lose my dream job, but if it happens as quickly as it did for you, I will definitely be able to make it to my September Internship. I doubt I'll get it in time to finish my June Internship but that's ok. Best wishes, babiiphatt, and I hope you get your ATT soon!

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Specializes in CCRN, PACU, MICU, SICU.

Morte, thanks for your questions, and I apologize if I sound just as confused as you are. I worked for Homeland Security over the past several years in two areas, and I had two background checks from them. Neither of those found the arrest. That, combined with a clear search myself when I did a public record search on myself (State & County, should've also done FBI I suppose) led me to believe the arrest was one. I forgot to mention that I called the courthouse in the county I was arrested monthly for 3 years, and they never saw anything either. I'm just very upset at myself for not reading the BON NCLEX application clearly enough and checking "Yes" instead of "No" regarding criminal history. Had I not made that mistake, I wouldn't be in this predicament.

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Specializes in CCRN, PACU, MICU, SICU.

Referring to my questions posted, does anyone know if I can apply to Oklahoma or another non-compact state while Texas is doing their investigation?

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Specializes in CCRN, PACU, MICU, SICU.

Update: I got my ATT and my GN from TX BON finally! And it was 3 months from start to finish, from the initial Letter from the BON to my GN permit!

Now, on to my NCLEX!

Thanks all!

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