Petition for Declaratory Order

U.S.A. Texas

Published

Ok, I really need some help understanding this. I was told that if there is anything on your record regardless of its severity that you have to petition the bne for a declaratory order in order to be eligible for licensure. The cost is over $200.00 to file this!! If I'm paying for a background check that will obviously reveal my record, why is it necessary to pay the bne to tell them that it's on my record?? Does this make any sense at all?? LOL!! I was arrested for a hot check (under 25.00 mind you) in 1991. It was one of those deals where I didn't even know that I had a hot check floating around. This makes me furious!! The application packet that you have to send back to them also requires that you submit an essay explaining what you learned from your crime and how you've changed your life since. Give me a break!! Has anyone else had to deal with this??

bioniclewoman

275 Posts

Ok, I really need some help understanding this. I was told that if there is anything on your record regardless of its severity that you have to petition the bne for a declaratory order in order to be eligible for licensure. The cost is over $200.00 to file this!! If I'm paying for a background check that will obviously reveal my record, why is it necessary to pay the bne to tell them that it's on my record?? Does this make any sense at all?? LOL!! I was arrested for a hot check (under 25.00 mind you) in 1991. It was one of those deals where I didn't even know that I had a hot check floating around. This makes me furious!! The application packet that you have to send back to them also requires that you submit an essay explaining what you learned from your crime and how you've changed your life since. Give me a break!! Has anyone else had to deal with this??
Sorry I don't have any experince with this, but I wanted to tell you your not alone with the check thing. I have a friend that got into a lot of trouble with the "law" the same way you did. I always thought if you accidently wrote a bad check espeically for a small amount you just had to pay some fees, but that's not what happend with my friend.

She was being young and stupid and not paying close attention to her account balance and wrote some bad checks. The law scared her so bad that she won't go near a bank to this day. She cashes all her pay checks, keeps the money in her house, and gets money orders to pay bills. I really think they came down so hard on her like she was a criminal because she was poor. Like all poor people are out to rip everyone else off.:uhoh3:

You do have a dilemma. My experience with the BNE has shown that people who complete declaratory orders have their paperwork stalled for several months. On the other hand, if you committed a crime, and do not reveal it, then you may not get a license at all. Since revealing is the lesser of the two evils, most people complete the declaratory order and chuck in the $$$. It does no good to rationalize with your peers because the Board has the final say. And the Board staff will not talk to you about it because every case is different and they do not want the liability of saying the wrong thing. I am sorry you are in this dilemma, but you have come too far to quit now.

trudlebug

92 Posts

Specializes in Utilization Review/Case Management.
Ok, I really need some help understanding this. I was told that if there is anything on your record regardless of its severity that you have to petition the bne for a declaratory order in order to be eligible for licensure. The cost is over $200.00 to file this!! If I'm paying for a background check that will obviously reveal my record, why is it necessary to pay the bne to tell them that it's on my record?? Does this make any sense at all?? LOL!! I was arrested for a hot check (under 25.00 mind you) in 1991. It was one of those deals where I didn't even know that I had a hot check floating around. This makes me furious!! The application packet that you have to send back to them also requires that you submit an essay explaining what you learned from your crime and how you've changed your life since. Give me a break!! Has anyone else had to deal with this??

I don't know about specifics, but I do know of someone who did not disclose something from about 15 years ago that was supposedly "dropped", and it turned up in the background check, and then still had to send in the declatory order after that. After a May graduation, they are still waiting for an ATT :crying2:

I guess I would go ahead and send the extra $$ and paperwork, so not to have to prolong it more than necessary.

PS, at our school, they told us to do a declatory order before we even started nursing classes if there were anything that we were concerned about (just in case it would not be approved, you don't waste your time/money for school) Maybe we need to spread the word!

I had a conversation with the BNE about this, regarding one of our graduate nurses. Her comment was that the committee looking at the declaratory orders are looking for patterns of behavior or drug/alcohol abuse. HOWEVER, they do not take it lightly when someone signs the application stating there is nothing on their record, then the committee finds out otherwise. I still recommend completing the order.

nekhismom

1,104 Posts

It's a pain, but still do it. I found dealing with the BNE was a pain. It took me FOREVER to get my ATT after I graduated. I applied in my school's state and was approved within a week. I got my license in another state and THEN got licensed in texas. It took over 5-6 months to get it, though. Good luck!

Katydidit34

252 Posts

I realize that it does absolutely no good to whine and complain about it. You have to do what you have to do if you want to be a licensed nurse. Since that is my goal, I'm just going to have to suck it up!! LOL!! It just seems so ridiculous to me. I do suppose it's necessary because there are people who have backgrounds that do not lend themselves to nursing and working with the public. I really appreciate everybody's input. Sometimes it just feels good to complain about something, even if there is nothing you can do about it.

it is ok to whine. We all need to vent now and then. Hope the rest of your licensing process is uneventful.

Broady

4 Posts

Were a little puzzled, if you write a cheque and you have insufficient funds does'nt the bank bounce your cheque and charge you for the pleasure or are we not getting this conversation?

Silicone

68 Posts

PS, at our school, they told us to do a declatory order before we even started nursing classes if there were anything that we were concerned about (just in case it would not be approved, you don't waste your time/money for school) Maybe we need to spread the word!

My school advises us to get the order in as soon as possible if

there's anything in our past records that would be a problem.

They also say that the board will work with you, it just takes

time for some of the more "difficult" cases. No-one at the

school has been denied an order, although one person who

had a *very* complicated background had to jump through all

kinds of hoops and it did take a while (but they got it!)

The main thing is to get it done early.

Samantha

Katydidit34

252 Posts

The check was presented for payment once and returned NSF (non-sufficient funds) a first time. The place where I wrote the check submitted it again for a second time, only for it to be returned again. I quite honestly paid little to no attention to my bank statements or balances back then. I was really dumb when I was younger. If a check is returned a second time the business whom you wrote the bad check too, has the right to turn it over to the District Attorney's office which is what they did. I paid it off and the rest is history.

Were a little puzzled, if you write a cheque and you have insufficient funds does'nt the bank bounce your cheque and charge you for the pleasure or are we not getting this conversation?
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