? about Declatory Order and Texas BNE

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    ok, i have a quick question about this process. i know that no one can give me specifics or anything, but i was just curious about the reference letters that someone must submit with the declaratory order. the instructions say to submit two, but i only have one. i don't know anyone else in a position of authority to give me a reference, and i am still taking pre-reqs so i couldn't ask a nursing instructor to give me one. has anyone else run into this problem? if so, what did you do for the other reference? do you think it would be ok to just submit one letter of reference and in the personal letter that i have to submit explain why there isn't two? i'm not in a huge rush or anything, since i'm in my first semester of pre-reqs, and i don't think my case would be anything that would keep me from getting a license if/when i get through ns. it was a class c misdemeanor issuance of bad check charge from 2003. i just wanted to get my i's dotted and t's crossed going into this. any help, advice or comments would be greatly appreciated. thanks!!

  2. 9 Comments so far...

  3. 0
    I think you have to be enrolled in a nursing program before going through this process. I too had a bad check and had to do a Declaratory order, and I got my letters of rec from the Director of the Nursing program and a clinical instructor. I submitted everything the summer before I graduated and was approved to sit for boards within two weeks of submitting everything. I would just wait until you are in nursing school and start the process then.
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    See, I was thinking about doing it that way, but with the nursing schools and clinical sites doing background checks, I was worried about being accepted to a program and then not being able to get through because of this one little thing on my record. I don't think it's a huge deal, I haven't done it since, and by the time I get into NS it will have been at least 7 or 8 years since it happened. I guess we'll see though. Thanks for your reply!
  5. 0
    Quote from sassygurl09
    See, I was thinking about doing it that way, but with the nursing schools and clinical sites doing background checks, I was worried about being accepted to a program and then not being able to get through because of this one little thing on my record. I don't think it's a huge deal, I haven't done it since, and by the time I get into NS it will have been at least 7 or 8 years since it happened. I guess we'll see though. Thanks for your reply!

    Were the charges dropped? I know I took my check writing class, paid the check/fine, and the charges were dropped...so even though I was arrested, I was never "convicted". When the background check was ran for clinical, nothing came up.
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    No, the charges weren't dropped. I did pay the fine and it was dropped from a Class B Theft misdemeanor to a Class C misdemeanor. So whenever there is a background check done, it ALWAYS shows up. Believe me, I wish it didn't...
  7. 1
    Petition the court to have it removed. If you have no other offenses they should grant your petition if 3 years have passed.
    Ike Arumba likes this.
  8. 0
    Quote from bob7rob7
    Petition the court to have it removed. If you have no other offenses they should grant your petition if 3 years have passed.

    Thanks for the suggestion. Do you know where I could start to possibly find out if I can do that?
  9. 0
    I would start by probably by getting a lawyer. Probably cost you around $300, but it would be worth it. Your last attorney should have asked for that at sentencing. Most do for Class C Mistys. Good Luck.
  10. 0
    please know that even if you have a record expunged, you may still be required to answer, "yes", to any convictions when you apply for licensure with the bon.


    questions we seem to be encountering more and more often have to do with the effects of a criminal history on nursing licensure:

    • is it possible to become licensed as a nurse if you have a criminal history and if so, can i get a job?
    • is it possible to become licensed as a nurse if you have a mip, dui, or other related charges?
    • what happens if you are charged or convicted of a crime after licensure?
    • can i go to nursing school and/or be licensed/be employed if my record has been sealed or expunged?
    • will i be able to go to nursing school and/or attend clinicals with a criminal record?
    • what can happen if i receive a mip/dui/dwi or other charge while still in school?

    these are questions that the members of allnurses.com cannot answer. the only reliable source of information is your state board of nursing.

    if one is currently licensed as a nurse and has been charged with or convicted of a felony or misdemeanor including dui/dwi or any criminal offense, one needs to contact the bon in every state in which one holds/wishes to be licensed and ask their reporting requirements.

    if one is a nursing student or are interested in becoming a nurse one needs to contact the bon and/or school of nursing directly. one should be be completely candid with them as to the nature and disposition of the crimes. each board of nursing makes a determination on a case by case basis and some are willing to issue a declarative statement in advance as in this case.


    so, in saying this, administration is requesting members to please not give advice about this. only the bon can properly advise the op in regards to the conviction. please just give information about the "declaratory order and letters of reference". thank you.


    good luck, sassygurl09.
  11. 0
    You should go ahead and start the process I went through the same thing but a different charge the letter can be from anyone that can write good things about you in a professional way if you know someone that goes to church a alot that is considered trust worthy maybe a friend or aunt or maybe an employer but do take care of it i just had two letters typed up and sent them in and they sent my letter saying that it was ok.


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