Anyone w/ multiple criminal charges read!

Nurses Criminal

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How's it going everyone. Thought I would make a post hoping that it would help anyone in a similar situation. Alright, so basically I have two prior arrests both while in college, and both for Operating While Impaired/Intoxicated. The first offense, without going into much detail, I blew a 0.10 BAC and was subsequently arrested back in 2012 in Michigan before nursing school. HOWEVER, I got a lawyer who was crazy expensive but totally worth it, fought the charge and got in reduced to Reckless Driving no questions asked.

LISTEN HERE: IF ANYONE TELLS YOU THAT GETTING A CHARGE REDUCED OR EXPUNGED IS A WAIST OF TIME AND MONEY IS WRROOONNGGG!!!! Fight any charge you have, get it reduced!!! Alright so with the Reckless Driving on my record, I applied to nursing school and got into a BIG TEN University's Nursing Program with no questions asked regarding this offense. I was enrolled in nursing school and everything was going smoothly until I got arrested AGAIN, unfortunately in 2013.

To make a long story short: I slid up onto a snow bank pulling into my apartment complex, got stuck, flagged down a passing cop car for help, was Breathalyzed, and blew a 0.06 BAC. YES THAT IS RIGHT A 0.06 BAC!!!!! Below the legal limit. I don't want to minimize what I did, especially after my first incident I should not have even thought about drinking anything and driving. Especially being in nursing school. And yes if the cops a dick and feels like ******* you over he can charge you with whatever, so yes you can get charged with a OWI/DUI if you blow below the legal limit. So be super careful. So again I hired the same attorney, charged me a **** ton of money but I eventually got the charged dropped to OWVI (operating while visibly impaired or a BAC of 0.02-0.07, which is still a misdemeanor) then reduced further after a probationary period to a careless driving, which is a civil infraction (not a misdemeanor like Reckless or OWVI or a DUI/OWI).

But I had to work my ass off to get this charged reduced, I was on probation and had to do alcohol testing everyday for 3 months straight, then after that weekly ETG tests that go back like 3-4 days to see if any alcohol is in your system for another 3 months. I had to do alcohol classes weekly and the whole shebang. But eventually after the 6 months it was erased off my record and reduced to a careless, basically a speeding ticket.

Bare with me I'm getting there....so when I graduated and went to apply for my Michigan RN license I was a little nervous. But I filled out the application, and on the section where it stated to write down any criminal CONVICTIONS I stated that I was CONVICTED of a reckless driving, and since I graduated in August and the OWVI was going to be reduced to a careless in that upcoming October, I stated that I have an OWVI, which is getting reduced in a few months to a careless, or a speeding tx. Called about 3-4 weeks after I sent in my application and the BON was like "YOU ARE GOOD, ALL CLEAR!" Didn't have to send in any court documentation or anything.

So NOTE when applying places if it asks for ANY CONVICTIONS* If an application asks for PAST CHARGES, be wary about applying to that state for your license because that means ANY CHARGES* even if they were expunged or reduced. So I took my NCLEX and passed! Then after I passed my boards, my parents moved to Louisiana and I decided to follow, work down south, and try something new.

So I applied for my RN-BY ENDORSEMENT LICENSE. I was a little scared to apply for my License in Louisiana. After I read the application it stated under the criminal history section to INCLUDE ANY CHARGES THAT HAVE BEEN DROPPED OR EXPUNGED and to send in the arresting records and court documents. So basically the Louisiana BON knows what I was originally arrested for. But I thought I got my license in Michigan no problem so Louisiana wouldn't have an issue with my record. WRONG!!!

Basically took them 2 months to investigate my criminal background. After that and calling them weekly for about 2 months, they told me it has been recommended to delay your application for 5 years!!!!!!!! NOOOOOO!!!! I already got hired down there as an RN, but wasn't working due to my application pending. So I had to quit the place I got hired at before even working because I couldn't get my license and explained the situation. I could have appealed the BON's decision regarding my license but that would have cost $$$$$$ in lawyer fees and taken months just to get a probationary license. And if you notice when applying to any other states by endorsement or renewing your RN license, and even on job applications there's a section that asks if your RN license has EVER BEEN REVOKED, DENIED, or put on PROBATION, and etc by any licensing agency. Whhhoooooo, nope!!!!! As soon as I saw that on the Texas RN-Endorsement application and when renewing my Michigan RN license I immediately called up the Louisiana BON withdrew my RN application.

So my point here is if you have a criminal record, RESEARCH THE STATES you want to apply for. Louisiana includes expunged misdemeanors so if you have a few misdemeanors, especially alcohol or drug related DON'T APPLY THERE. But Michigan I had no issue.

And Texas on the other hand, their application specifically states you DON'T have to include expunged charges or class C traffic misdemeanors. So technically I don't think I even need to include my reckless driving on the texas application but I did so just to be safe. And if it's too late and you sent your RN application to a state like Cali or Louisiana who's super strict with past criminal charges; WITHDRAW YOUR APPLICATION BEFORE IT'S TOO LATE!!!! You don't want to have to check yes to YES MY LICENSE HAS BEEN REJECTED BY..., or YES MY LICENSE HAS BEEN PUT ON PROBATION or YES MY LICENSE WAS DENIED BY....and have to explain this.

I know I made some poor choices in the past while at college, but I'm looking forward to moving on with my career and staying out of trouble. I'm currently moving back to Michigan from Louisiana because of this whole licensing ordeal. Thought I would try to make the most of my situation and try to help others out in the same boat, so feel free to message me or reply with any questions. Best of luck to everyone!! AND ABOVE ALL DON'T GIVE UP AND FIGHT ANY CHARGES!!

That's awesome congratulations!! Such a relief, so happy for you, I know how much anxiety there is waiting to get your license!

I see where you're coming from, HOWEVER, my first offense got reduced to a Reckless Driving. The Reckless shows on my record, it does NOT show how much my BAC was or the original charge, just that I was CONVICTED of a Reckless Driving. So my guess is, the police saw the Reckless Driving on my record and were like, this kid...

Understand this, the police can essentially charge you with whatever they want. They could have CHARGED me with resisting arrest, but I wouldn't have got CONVICTED of that. Hence why I got this second offense reduced because I was legally NOT intoxicated.

Like you said the standard is 0.08, but if you have any alcohol in your system (basically above a 0.02), the police can either charge you with OWVI, DUI, or OWI, even if you DO or DON'T have a criminal record.

So my point is, DO NOT think just because this happened to me, it won't happen to you because you have a squeaky clean record. If my first offense never happened, this second offense would have still occurred and played out the same way it did, even if I had NO offenses on my record. See where I'm getting at??

Don't drink and drive AT ALL, my suggestion to everyone reading the post and comments, BUY a LEGIT BREATHALYZER (not the $10 iPhone ones) and make sure you are at ZEROOOOSSSS before you drive. If not, call cab or crash there. Any other comments or questions please ask! Learn from my mistakes...

Hello i am in a similar situation as yours but i want to know if you are able to help on this.....i live in new york and i will be applying for nclex soon. However 5 years ago i was arrested for shoplifting twice but i since both of my cases were dismissed, the court said i have no convictions. I know that each state has their own law. Do you think i will be ok when applying for nclex?

I would take a close look at the Yew York State Board of Nursing RN Application. Like I mentioned above, I had no issue getting licensed in Michigan and Texas because they didn't included dismissed charges. You have no convictions on your record, which is a good thing but you were still charged with shoplifting. So note if the Board of Nursing asks for all CONVICTIONS vs. all CHARGES. If they ask for all charges you're going to need to include the two past incidents. However, if it asks for any convictions you're good and you don't need to mention the past incidents. Also, these aren't drug or alcohol related charges. Mine were alcohol related so the BON in my opinion is going to be more strict on those types of convictions/charges than others, like your shoplifting charge for example.

So what I would do is look over the application, and see if the BON wants CONVICTIONS or CHARGES. Either way, I would definitely go ahead an apply. It might take a little time if they ask for all the court documents for your charges, but in the end I believe you won't have an issue getting licensed. The bottom line is these charges aren't alcohol or drug related so I doubt there will be a major issue here.

Let me know if you have any question!

Specializes in NICU, Trauma, Oncology.

Louisiana BoN has a document stating clearly the stipulations of prior offenses on their website. In relation to DUI type offenses if it is within 5 years they evaluate your record in depth to determine if you are worth the risk.

Specializes in NICU, Trauma, Oncology.
Hello i am in a similar situation as yours but i want to know if you are able to help on this.....i live in new york and i will be applying for nclex soon. However 5 years ago i was arrested for shoplifting twice but i since both of my cases were dismissed, the court said i have no convictions. I know that each state has their own law. Do you think i will be ok when applying for nclex?

You need to ask the BoN. You can call most of them and ask anonymous questions like that.

Yup I read that document front and back lol. And both my OWI offenses got dropped, so didn't think there would be much of an issue. Especially considering I got licensed in Michigan no problem, but I was wrong lol.

But like I said for aquaprinces, NY is a different state, and your offenses are different than mine. From my experiences with the BON, I believe you will fine. Review the BON application front and back, see what they want you to submit and proceed forward. Definitely is a stressful process but be persistent. I would even recommend doing a Livescan fingerprinting on yourself to even see if these charges appear on your record at all. Because if they don't show up at all on the FBI Livescan, then they never happened.

Let me know if you have anymore questions!

Hi I am in a similar situation. I blew a .08 in California and it was reduced to wet and reckless. I was cleared in Cali but now need to endorse to Texas. Does my situation fall under the c class or should i send the court docs

Texas is actually one of the strictest states!

Man, sorry I'm a year late. Haven't checked this thread in a while. I feel like if you were cleared in Cali you should be fine anywhere. I got my charge reduced to a reckless driving, not a "wet reckless". So it says on my background check "reckless driving". Of course if they ask for the arrest records it will say what I was originally arrested for. However, I got my second offense cleared from my criminal record, but it's still on my driving record according to the secretary of state. I applied for my Texas License and received it no issues when I was originally getting licensed. I would just research the state you are applying to and see what they want. Do they make you submit expunged records or not. I would do a personal background check and see what's on your criminal record. I had another minor offense that was recently decriminalized in Michigan from like 2010 (when it was a misdemeanor) which didn't appear on my background check. Not on there, not going to bring it up. I called the FBI, which you can do, because my personal background check listed my most recent offence on it but instead said "expunged" next to the offense. So I told the FBI I wanted that completely off my record since it was expunged. I don't need people asking what this "expunged" offense is. Did another background check and it was off of my record completely. So the point is see what's on your record if you made mistakes like me for everyone who is reading. Do a background check, and if certain things are on there that aren't supposed to be, call the FBI and get it taken off of there. But since this is your first offense you should be fine.

Hi. Thank you for posting. Here is my current situation and I am searching for some guidance, ASAP. If I do not send paperwork with a letter soon they will dismiss my application. I am in Georgia, btw.

I have posted my own thread here if you would like to read, titled License Application with Arrests. To sum it up: 2 arrests in Ga for DUI, blew high but one case dismissed all together. One case I was told was reduced to reckless driving but the court papers say "drving without a license."

I checked yes to arrests on my state app but now they want more paperwork. I am not sure what to say...any advice?

Thank you.

Newbienursegrad

Hi there, thank you for your post. I will take a look at the Ga license tonight and see what it says on the application. So Michigan and some other states are more lenient and don’t need to submit documents that have been dismissed or reduced. I didn’t have to submit court documents when I initially applied for licensure in MI. I know they changed it now and want the documents now. Have you done a background check on yourself to see what is on your record? Like I mentioned above I got a charge taken off my record that said “expunged” or “reduced” after it to completely off my record bc that was the deal following completion of probation. So I don’t even mention that bc it’s not on my record. I completely believe you can get licensed it just might take a little more time and effort like it did with me. Let me know thanks!

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