expungement - page 2

Has any nursing student in Texas got their records expunged? Thanks... Read More

  1. by   Silicone
    If you decide to run a background check on yourself, don't waste your
    money using a service off the web or a local service. Instead, do it right
    and request a FBI background check on yourself (called your FBI
    Identification Record when it's for your own use but it will have the same
    information on it as what they will send to the BNE.)

    The FBI background check is what the BNE will request and receive and will
    be the most specific and accurate. *That's* the background check that will
    dig out the stuff you thought was long gone and forgotten.

    http://www.fbi.gov/hq/cjisd/fprequest.htm

    Note:
    Even if you have requested and received your own FBI Identification Record
    (same thing as a background check) for personal use, you still need to submit
    another request to be sent directly to the BNE when you file for licensure or the Declaratory Order. The BNE will not accept the FBI documentation unless
    it is sent direct to them from the FBI.
  2. by   Alternator81
    Well, I was faced with this a few years ago: I was worried that my DWI when I was 19 was going to somehow become a big deal when it came to apply for schools, but the application for most nursing schools only require that you list occurrences from the last 7 years.

    Before deciding that I want to return to Texas for school, I call the Arizona BON and explained my circumstances. This is the letter that the administor returned to me (Jan. 11, '05):

    During the State Board application process you will be required to answer a series of questions. It is of utmost importance to answer correctly. Failure to do so is a violation of the Nurse Practice Act. Currently there is a question that asks have you ever been convicted of a felony or undesignated offense? Even if your conviction was later dismissed or reclassified, you need to answer "Yes," and explain. If your conviction was a Misdemeanor you do not need to disclose. You will also be required to submit fingerprints with your application. A DUI will most likely be reported on your fingerprint report. If you answer "yes" on application or the DUI comes out on your FP report, a case will be opened during the application process. This may delay you getting a license, but will not prevent you from doing so. When a case is opened, an investigator will be assigned to work with you. It is very important that you keep in contact with the investigator and do everything you are asked. You will need to complete a questionnaire and be interviewed by the investigator regarding your drinking history. You may even be asked to obtain an evaluation by a chemical dependency evaluator if it is indicated. Again, just because you have had a DUI does not mean that you cannot be licensed. If the DUI was a felony and is still classified as a felony at the time of application - then according to AZ statute you cannot be licensed for five years from the time you have completed all court requirements.
  3. by   bioniclewoman
    Here is the form (in the link) you have to fill out. It seems like they want to know about everything no matter how long ago it happened or weather it was expunged or not. The lady I talk to at the college I am applying to, told me that if I answerd yes to any of these questions I need to submit the declaration order, which will take betwoon 3 months to 2 years to process. She said there is no point in going through nursing school if they won't let you sit for the NCLEX.
    ftp://www.bne.state.tx.us/DOapp.pdf
  4. by   dlhall
    Quote from ganeese
    Here is the form (in the link) you have to fill out. It seems like they want to know about everything no matter how long ago it happened or weather it was expunged or not. The lady I talk to at the college I am applying to, told me that if I answerd yes to any of these questions I need to submit the declaration order, which will take betwoon 3 months to 2 years to process. She said there is no point in going through nursing school if they won't let you sit for the NCLEX.
    ftp://www.bne.state.tx.us/DOapp.pdf
    For expungements you do not have answer yes, Texas law say's that you may deny the incident never happened if your record was expunged, and if any from the board tells you have to answer yes if your record is expunged they are wrong trust me on this, I have already consulted with a lawyer on this issue, Texas law also states that if an expungement is disclosed it is a class b misdemeanor. You only have to answer yes if you were convicted, pleaded no contest, recieved deffered adj, pleaded guilty.
  5. by   dlhall
    Quote from divashay
    what about sealed?
    Please refer to this website he contains good info about sealing your record:http://dao-web.dao.hctx.net/ie/DADJ/FAQs.htm
  6. by   Alternator81
    Quote from ganeese
    Here is the form (in the link) you have to fill out. It seems like they want to know about everything no matter how long ago it happened or weather it was expunged or not. The lady I talk to at the college I am applying to, told me that if I answerd yes to any of these questions I need to submit the declaration order, which will take betwoon 3 months to 2 years to process. She said there is no point in going through nursing school if they won't let you sit for the NCLEX.
    ftp://www.bne.state.tx.us/DOapp.pdf
    This makes me feel uneasy! I wonder if I did this now, would it still be valid when I graduate from school (I havent started school yet), because it's $200. Gosh, I couldnt see not getting my licensure for a silly mistake I made when I was 19! I think I am the only one who is ever going to let it go.
  7. by   ZASHAGALKA
    Quote from rgrgray
    even if it is expunged you need to be honest about it to the BON. things like that have a way of coming back and haunting you. you might want to just go through the declatory process its not that bad depending on the offense if you have anymore questions feel free to send me a message... I to had to fill out for a dec. order so im sure I can help you.
    I completely disagree.

    The definition of 'expungement' is - it never happened.

    If it didn't happened, then it's not reportable.

    Period.

    If the program/BNE brings it up, you can honestly say, "No, that's not on my record."

    ~faith,
    Timothy.
  8. by   dlhall
    Quote from ZASHAGALKA
    I completely disagree.

    The definition of 'expungement' is - it never happened.

    If it didn't happened, then it's not reportable.

    Period.

    If the program/BNE brings it up, you can honestly say, "No, that's not on my record."

    ~faith,
    Timothy.
    I agree with you Timothy.Every state law is different when it comes to expungement, but here in Texas the law is clear on expungements, and the Texas law say's that if your record is expunged you may deny the incident never occurred, trust me. The Texas BON does not need to know if your record has been expunged, if they try and push it they will breaking a law, which will be a serious offense. I have already cleared this with an attorney.That is why it is a good idea to consult with an attorney when dealing with some of these questions on the BON application.
  9. by   rgrgray
    Im sorry but that is the the most ridiculous thing I have ever heard. People make mistakes and should not have to spend their whole lives being punished for it. Im sure your not perfect, and you have done things in the past that your not proud of.. and if you havent your the only person that hasnt! some things are very minor, and some things arent but its not your job to judge. thats left up to the profesionals. and I would have to say people like you "unforgiving". I would not want to be my nurse. get off your throne and be real!!! and yes im not saying that anyone with a criminal record should be a nurse there are circumstances, that should be looked at.
  10. by   mrnurse2
    I have a friend at a work Christmas party that toasted wine with fellow workers. She was pulled over by police minutes away from the party and was considered over the limit and charged with DUI.
    This shocked the heck out of me. Now I know you should not get behind the wheel if drinking. . . period. I agree their should be fine and or punishment so that a person will be aware in the future and never let this happen again. To say someone is a "criminal" based on one incident to never be licensed as a nurse, this is wrong.
  11. by   Silicone
    NURSEFORREAL is one of those people that get their kicks disrupting forums.
    DO NOT RESPOND to that person's posts. This person gets their jollies
    upsetting people, don't fall prey to it.

    The more we respond, the more garbage they will post.
    Just ignore those postings.
    Deafening silence to their posts absolutely ruins their fun.
  12. by   Silicone
    You can legally deny it all you want but it will still show up on the FBI
    background check that gets reported to the BNE.

    See page 17 of this document near the bottom of the page
    under "Lying on or Falsification of Licensing Documents to the Board"
    ftp://www.bne.state.tx.us/disc-pol.pdf

    While others who have posted here are correct that an expungement means
    that the record no longer exists as far as the State of Texas is concerned,
    the FBI background check *will* show the information.

    It doesn't mean you can't get a nursing license.
    You have two choices:
    File the Declaratory Order
    or
    Go all the way through nursing school and then answer no to Section C (Eligibility Questions) Question #1 on the Application by NCLEX-RN Examination for Registered Nurses (where they specifically ask for "expunged
    offenses and deferred adjudications with or without prejudice of guilt")

    Know that the BNE can deny your application to take the NCLEX. Whether
    it's legal for them to insist that you admit to an expunged offense or not,
    you'll be sitting around waiting while your lawyer works it out with them.
    How much time are you willing to let slip by until they work it out?

    Understand that this isn't even the application to become a RN, it's the
    application for permission to sit and take the exam!! If you're comfortable
    becoming the test case for this issue and waiting around for however long it
    takes for the legal system to set a presedent, then more power to you.
    Come back to the board in a couple of years and let us know how it went.

    As others have said, the BNE is not your friend.
  13. by   VickyRN
    Quote from Silicone
    NURSEFORREAL is one of those people that get their kicks disrupting forums.
    DO NOT RESPOND to that person's posts. This person gets their jollies
    upsetting people, don't fall prey to it.

    The more we respond, the more garbage they will post.
    Just ignore those postings.
    Deafening silence to their posts absolutely ruins their fun.
    :yeahthat:

    Report disruptive posts to the moderating team, but do not respond. Remember, please do not feed the trolls.
    Last edit by VickyRN on Jan 12, '06

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