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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!!
5 hours ago, nursingstudentboy2020 said:I have two shoplifting charges from 2016 that were expunged. I have done an FBI fingerprint check on myself and they do not show up. Do I need to disclose them to the BON in New Mexico. I received my ATT and I am hoping I did the right thing not disclosing.
Depends on the wording on the New Mexico application regarding criminal record. Some states don't require that you disclose expunged records. Are you testing for your RN or LPN?
I honestly wouldn’t even both mentioning it if it doesn’t pop up on your fbi background check. But LubbDubb is correct some state applications say to submit expunged records but how will the BON know about it if it doesn’t show up on your background check and you don’t list it on your application? So I wouldn’t waste the time, energy or resources mentioning it and it possibly delaying your application. Even if you did or wanted to mention it on your application for whatever reason, it doesn’t sound drug or alcohol related so I would believe you would be OK. However I never worked for the BON or anything so I can’t say with complete certainty that if you did mention it how they would react, but this sounds like pretty minor offenses and being expunged looks good too. Bottom line if it doesn’t appear on your record I wouldn’t even bring it up. Do a state background check as well bc some states require this in addition to the Livescan fbi background check and make sure it doesn’t pop up on that. It shouldn’t but I would do a state background check as well if NM requires that. Best of luck!
I have an expunged record and nothing comes up on my FBI background check. However, do not ever underestimate what the BON can or cannot see. When I was in the situation of trying to figure out if I should disclose my record or not - I called the BON and the court house. I talked to quite a few people and it is just better to be safe than sorry. From what I was told, for people that are entering professions that deal with the public and there is a public safety concern - yes, if the BON wants to see your record, they absolutely can (sealed or expunged included). Whether or not the state you are in requires that you disclose that information just depends on that specific state, it seems like they are all different. Anyway, in WA state where I am at, I am required to disclose it. In WA if I do not disclose it and they find it, they have a right to deny me licensure forever in this state. Then, a denial is just a hassle and have to report that if I ever move to another state blah blah blah.
I put all required court documents together, an explanation letter, my transcripts, and two recommendation letters from clinical instructors. Oh, and why they want the court documents is because they can see any record but they can't see the details, just what you were charged with or the ending charge. So, the court documents give them some insight and along with your explanation letter, they can see what really happened during the event. Best of luck!
So happy I found this thread! I am currently in a state using my compact license (not currently working in my primary state) and I am pending a dui (hopefully can have it expunged). I just started travel nursing this year and am sad of it potentially coming to an end if I am going to have trouble with every single BON from now on. I sent in an application for my California license in august, and have yet to send in fingerprints. Should I wait to see how this case goes in the next month and if it is expunged, get the fbi to remove it from my record, then send in my fingerprints? Or is california now just a lost cause? It was an isolated incident and I’m afraid of the problems that’s it’s going to cause for the rest of my career. Will I also lose my compact license if it does not end up being a conviction? Still need to talk with my BON and hopefully just get a citation/fine after this instead of probation so I will not have to disclose it to future employers. I’m just still unsure of how this usually plays out.
Hi NorthernTravelingNurse. Glad you found this thread too. Are you traveling in CA? From what I’ve read California is pretty strict when it come to DUIs. I could be wrong, but I would maybe call the CA BON and see what they recommend. I’ve not sure in regards to compact state licenses and how a DUI will effect it. If this is your first arrest and charge you should be able to get this dropped to a lesser charge. At least I did. I wouldn’t sweat it too much. You’ll still be able to practice and work as a nurse just this might prolong your licensing or hold it up a little.
Hello! Replying to Omegaseamonster,
My primary state is Arizona and I am working with my compact license in the East currently. I am working to hopefully get the case thrown out (fingers crossed). Arizona BON always conducts an investigation that may take over a year, although I am hoping if the case is thrown out that the AZ BON will consider that in their decision for discipline. The state BON that I am currently working in took a step back and are letting AZ cover the investigation so it helps I only have to go up against one board instead of multiple.
With California, I have sent in an application and have mostly everything sent in for my license by endorsement. However I have yet to send in my fingerprints as obviously the charge will come up to them while my dui investigation is still ongoing. So I’m trying to avoid sending in my fingerprints until then but am worried that they will still deny my application because I was even arrested in the first place if I end up not being convicted. Do I have to notify the CA BON of the arrest? Or only if I am convicted?
What I would do is wait until this DUI gets dropped before applying for your CA license. Did you plead guilty to a DUI or are you pending a court date? I’m pretty sure you would have to notify CA of the arrest. At least that’s my speculation. If you have an attorney in your DUI case I would ask him/her. Honestly if you’re currently working and have your license I wouldn’t risk applying for another state until your DUI gets settled and dropped to a lesser charge. When you go to apply for other state nursing licenses there’s always a section that says “has your licenses ever been revoked or denied” on the application. You don’t want to have to check yes next to that box. If you already applied to CA I would maybe consider withdrawing your application. If you’re dead set on going to CA, have a job lined up, bought a house, moved your stuff out there, I would try to work with the CA BON about getting your license and let them know of the arrest. If not, I don’t think it’s worth the headache and I would consider withdrawing your application and work out east for a little longer until it gets settled.
Omegaseamaster
38 Posts
Hello, glad to see this thread still going. In response to Rachel North, I feel like you should be completely fine. Especially if you got it dropped to a reckless driving. I would look at the application. If it says you have to submit the arrest records and court documents it’ll show that you were arrested originally for a DUI/OWI. So be honest with them. I would also recommend doing a background check on yourself to make sure it was reduced on your criminal record. Also call the Secretary of State or DMV to make sure it was reduced in your driving record.