expungement

U.S.A. Texas

Published

Has any nursing student in Texas got their records expunged?

Thanks

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.

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Specializes in Gerontological, cardiac, med-surg, peds.
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. :nono: Remember, please do not feed the trolls.

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Specializes in 5th Semester - Graduation Dec '09!.

:crying2:

I thought the FBI's records were obtained from the TX DPS,Hence it is expunged from DPS and thereby FBI as one in the same.Does anyone know anything more specific about this?

When you are arrested and booked, your fingerprints are sent to the FBI along with the charge. When you expunge your record years later, the FBI still has your file. The FBI doesnt get rid of your record--your fingerprints are already in their computer, and there your charges will remain forever. Sucks huh? :crying2:

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Do you have a website or criminal code reference where this can be researched ?I wish a lawyer could tell us.

Are you asking about references to the FBI keeping criminal facts in your file and disclosing those facts as authorized? If you are, you might want to check the U.S. Department of Justice website:

http://www.usdoj.gov/

Or you could check with your local FBI office. (good luck with that)

State criminal code references won't do you any good.

Federal laws overrule state laws.

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When I spoke with someone at the FBI in WV I was told that although the FBI does not have to abide by state law(duh)yet as a matter of case they typically do honor these orders as they are imposed in the state and in Texas the terminology used is destroy .This has been a long tradition which may change very little .I believe as part of the order most lawyers list the FBI as an agency in which this is to occur which is done through the DPS if the order specifies.At the same time I do know as law and routine DPS and FBI don't record class C misdemeanors whether convicted or not-but the disposition info is certainly still in local court lerk files.

I do not mean to get too personal as this is not a personal issue for me (thankfully) I just wanted to post that info for anyone else who wondered.

I do wonder what kind of avenues will be available after the next legislative session as Ch.55 has improved slightly with each session.

That is why it is best to consult with a lawyer on this matter os that you can know your legal rights.

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When I spoke with someone at the FBI in WV I was told that although the FBI does not have to abide by state law(duh)yet as a matter of case they typically do honor these orders as they are imposed in the state and in Texas the terminology used is destroy .This has been a long tradition which may change very little .I believe as part of the order most lawyers list the FBI as an agency in which this is to occur which is done through the DPS if the order specifies.At the same time I do know as law and routine DPS and FBI don't record class C misdemeanors whether convicted or not-but the disposition info is certainly still in local court lerk files.

I personally know of two people who requested their own FBI background check in trying to decide whether or not to file a DE order. Two had Class C misdeameanors which were dismissed after adjudicated disposition and one of those persons had a Nondisclosure Order. The arrests showed up on the FBI files.

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I personally know of two people who requested their own FBI background check in trying to decide whether or not to file a DE order. Two had Class C misdeameanors which were dismissed after adjudicated disposition and one of those persons had a Nondisclosure Order. The arrests showed up on the FBI files.

Hey Silicone ~ Could you share the outcomes of these two? Were they allowed licencing? If so, were they restricted? Just wondering how common it is to get accepted with a past.

Thanks!!

Sarah

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Hey Silicone ~ Could you share the outcomes of these two? Were they allowed licencing? If so, were they restricted? Just wondering how common it is to get accepted with a past.

Thanks!!

Sarah

Both filed Declaratory Orders, got an ok from the BNE, took the license test, got RN licenses, no restrictions.

It took 2 months for the individual who completely filled out the DE with nothing left blank (including crossing through the parts that didn't apply) and included the letters of recommendation.

The other person is also licensed now, but it took over a year. That person didn't fill out the DE completely and didn't send any letters of recommendation. The BNE took about 4 months to send a request for the missing information on the DE form, letters of recommendations, and wanted additional information. This individual didn't send all that was asked for and ended up having to get a psyc evaluation to submit to the BNE as well as sending in the stuff the BNE wanted anyway. The BNE took their sweet time approving the DE, but they did. That person was then able to take the NCLEX (after taking extra time and $ to take a couple of review classes.)

Neither one had a non-disclosure order, and neither got their record expunged. The first person had a more serious offense than the second one. In fact, the second person had a very minor misdemeanor from high school that falls under the "youthful indiscretion" category.

Says a lot about picking your battles, don't you think?

Samantha

(and no, neither one is me - I'm still doing pre-reqs and not even in nursing school yet)

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Im not sure, but is the texas BON a goverment agency... If so that might make all the difference.. Just because it is run by the state not an individual company.. and the goverment will always no everything. I have heard even if your have been arrested but never charge, found innocent, found guilty whatever. the arrest will always be on your record!!!! And that was told to me by a DPS officer.. I would just file the dec. order.

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Im not sure, but is the texas BON a goverment agency

...

From the National Council of State Boards of Nursing website:

Nearly 100 years ago, boards of nursing were established by state government to protect the public's health by overseeing and ensuring the safe practice of nursing. Boards of nursing achieve this mission by establishing the standards for safe nursing care and issuing licenses to practice nursing. Once a license is issued, the board's job continues by monitoring licensees' compliance to state laws and taking action against the licenses of those nurses who have exhibited unsafe nursing practice.

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