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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!!
So I can’t offer legal advice but I can just speak through past experience what I did and what I would do to help out others in similar situation. With that being said I would do a live scan background check on yourself. That’s through the fbi and the same background check you do before you get licensed. That will tell you what is exactly on your record and what they, the BON, will see when you apply for your license. I would do that before you even submit your application: a self background check. If it shows both arrests on there I would be forthcoming, but if one or both are not on there I wouldn’t even mention it bc the BON won’t see the arrests. That background check is what they see. And if anything is on there that shouldn’t be on there, call the FBI lol. I called them and had that charge that said “expunged” next to it taken off my record even though it said expunged next to it. I don’t need people asking questions. Did another background check 2 weeks later and the charge was off. So I only have a reckless driving listed on my record. So long story short get yourself a background check through the live scan and I would go from there. Hope this helps!
OK, so I did call the Ga BON and was told I have 30 days until my application is thrown out. She advised me to send what I have now and stay in touch so they are aware of me trying to deal with the matter. I sent them one court disposition while waiting on results from my background check.
My background check shows both arrests in 2012. They both say original charge of DUI. Charge 1 states DUI and blew .08 but later reduced to non-fingerprintable charge (driving without a license). Charge 2 states DUI but doesn't show what I blew and reduced to reckless driving.
So now I have to send the BON the other court disposition. Neither dispositions state DUI just the final results of a dismissal and driving without a license.
So, I also have to send a letter of explanation. Should I just state arrested for suspected DUI and then resolved as the dispositions say? I have had no other legal problems since these, in 7 years. Any more advice, please?
I've been wanting to get into traveling, but finding alot of hospitals are turning me down due to my misdemenor. I was charged with reckless operation (reduced from a DUI) in 2018, which I know is recent. I'm no longer on probation and it's the only charge I have. I'm from Ohio and currently applying for my Texas license. If this was to be expunged would I still have to tell employers about it, if it is not on my background check? And I'm curious if anyone has any experience with getting misdemeanors expunged in OH, sounds like it's called a sealed case instead. And any advice on how to start getting this cleared from my record would help a ton.
Thanks for any feedback ?
Hi guys, so to respond to ItalianRN_90 you won't be able to get any driving related offenses expunged. I'm from michigan and I tried to get my reckless driving expunged but am unable to do so. It's a law that any driving related misdemeanors aren't expungable. I believe it's the same for Ohio. And since that is your first offense ItalianRN_90 it shouldn't hamper you from getting a job I feel. Especially if it was reduced. I would get a personal background check on yourself and make sure it's reduced like the courts said it would be. I've had a lot of interviews and half the time they don't care to ask about my reckless driving. And if they do I wouldn't go into detail about how it was reduced from a DUI if you catch what I'm saying...anyways I wouldn't get down about it. You'll still be able to practice.
To answer newbienursegrad...what I would do in that situation is since the first one appears on your record but states reduced to nonfingerprintable charge of "driving w/o a license", I would call the FBI and ask them to take that off your criminal background check. Which is what I did in one of my cases since it wasn't supposed to be on there. It takes about 2 weeks in my experience, I would then do another background check and make sure it's off. I would then leave that case out when filling out your application if it doesn't appear on your background check. For the second case I would be forthcoming about that case and let them know the circumstances. I think you mentioned that You submitted your first case already, along with the background check? If so just be forthcoming with everything and let them know the circumstances regarding both cases. Keep in touch with them about the status of your application and if they say anything about giving you a probationary license or some crap about restricting your license I would withdraw your application and maybe look at a different state. There's a handful of states that are pretty lenient when it comes to background checks like NY, and Colorado for example. BUT I believe you should be licensed especially if it's been over 5 years. It's a stressful process but don't let it drain you. Let me know!
Hi! Thank you for your post. I’m not sure if anyone will read this, but I’m having some major anxiety about applying to nursing school. Basically, I did some messed up stuff that was very stupid, and I have some charges on my record. 2 of my misdemeanor theft charges from a few years ago were reduced to littering, and another charge that was potentially a felony but I was NOT convicted (am in a probabtionary period and the case will be dropped by the beginning of next year). Will the cases that were reduced be a problem when applying to nursing school? In Missouri and Colorado will they see them? And also for licensing? I figure I can do the prereqs until the beginning of next year and apply, but will the felony show it up if I have no conviction? Thanks for your help, sorry if this is confusing.
Hi Krazm so what I would do is after your probationary period do a background check on yourself and make sure all the charges were reduced. Make sure whatever charge you have now was reduced and the theft charges were reduced to littering. See what shows up on your criminal record. I’m sure you can get licensed as a nurse it might just depend if your license might be a probationary License or not. Let me know!
Hello Krazm,
The answer is yes. All misdemeanors and felonies regardless of deferred disposition and dismissal will come up on the background check and cause issues. The nursing board, at least in Texas, doesn’t care that the charges were dismissed after probation or if charges were brought down to a lesser charge.
I had a similar experience. After graduation the nursing board did not want to license me unless I went through 3 years on TPAPN and here’s why. 6 years prior to graduation I received a misdemeanor DWI. 11 years prior to graduation I had a felony possession of adderall that was dismissed following 8 years probation. Yes 8 years of probation for having a handful of my girlfriend’s adderall because my own prescription had lapsed at the time. I was studying for midterms for my first degree at the time and library security caught me with them which led to my arrest.
After earning my BSN I had to hire an attorney specializing in dealing with the nursing board. I sat through a really tough meeting with three representatives of the nursing board, their attorneys, their background investigator and a couple others. It was as if I was on trial. I was grilled over and over for an hour and they were not friendly or forgiving. They refused to wave the TPAPN order but did shorten it to 2 years. TPAPN is essentially a death sentence for a new nurse trying to find work. Daily call ins for urine samples, one can not distribute or handle meds and there are other limitations that make you unhirable unless you know the right people. Keep in mind that the Texas BON is extremely strict from my understanding. I can’t speak for other states.
I refused to do TPAPN because I did not have a substance abuse disorder. I never got my license after all that but I did have my BSN and another bachelors in Kinesiology. I got a job as a marketing director for an Assisted Living Facility which led to a job as a Hospital Marketing Liaison, which led to meeting doctors, medical directors, hospital administrators and nursing administrators. Nearly 6 years later I own my own business with two employees in Healthcare consulting and this, my first year of business, I’ll net over 250k conservatively. I loathe the Texas BON but in a way I owe them for forcing me to find other opportunities. The BSN and knowledge that accompanies it is quite valuable to certain employers.
My point is that there are plenty of options out there to work in healthcare if the BON creates challenges for you. Think outside the box and never discount your value. Keep up your perseverance. I know this probably isn’t what you wanted to read but it’s only one persons experience. Maybe others have had better ones. Good luck!!!
Sincerely,
Tony
Hello all! I'm planning on applying to a nursing program at the start of the new year (2020). In 2017, I got two DWIs in 3 months, went to rehab for 90 days and have been sober and on probation ever since (I get off probation in June 2020). I have been nothing but cooperative and honest with my probation officer and have done everything by the book. I plan on finding an AA group and becoming involved and get a sponsor to show that I am serious about my recovery. I have exceptional grades in my classes, but I am ridiculously nervous and anxious about anything stopping me from becoming a nurse. I live in Texas and from everything I have seen, it will be close to impossible for me to achieve a nursing license. I want to work in a mental health facility or in a chemical dependency facility. Does anyone have any advice for me? Or even know anyone with the same story, DWI before nursing school, and working the AA program?
So first of all I applaud your recovery! That’s awesome. I’m sober as well. But if they even do decide to grant you a license the board will most likely make you go to TPAPN or some form of it which will limit your employment opportunities. You won’t be able to dispense meds on your own for a year etc and will need a nurse sponsor at the facility you work at. With all the new nurses graduating every semester without criminal history it will be difficult to convince someone to hire you. It’s doable but quite tough. I had a 6 year old DUI conviction and an 11 yr old possession charge that was dismissed and the board still required TPAPN in my case. Since you received 2 dui’s they will consider that as a pattern of abuse regardless of your journey to sobriety. The TX BON is tough but it can be done if you really want it. Think long and hard about why you want to be a nurse and do what your heart and brain tell you. I’m not trying to discourage you in any way but it’s better to be armed with all the info you can get. Good luck!
newbienursegrad
5 Posts
Hi, I have not done a background check on myself. I know that some background checks show more than others so I'm not even positive where to look for the correct information. And even with that doesn't healthcare people see everything or just what the public sees? I am not sure about that either.
On the application for Georgia it specifically asks if you have had any arrests regardless of whether you were convicted of anything or not. I was not convicted in either case but if it shows what I was arrested for then that is what worries me.
After submitting the application I received an email stating that my application will be thrown out if I do not submit any paperwork pertaining to these cases along with a letter of explanation. I never received any paperwork at all from my lawyers so I just called and obtained the court disposition papers and neither one of them mention DUI at all.
I'm just a little confused about the whole situation and don't want to give too much information if unnecessary but don't want to be dishonest either.
Thank you for all your help