Jump to content

Appeal process

Criminal   (416 Views | 2 Replies)
by Bianca0206 Bianca0206 (New) New Nurse Student

65 Profile Views; 4 Posts

Hello everyone! 
I’ve read, and read, and read every single post regarding criminal convictions on this site for a while, and finally decided today that it was time to write and ask some questions. Between 2008-2012 I got in a lot of trouble. I got 3 possession of a controlled substance, and one petty theft under 50$. In 2016 I had my record expunged completely, and in 2017 I got accepted first try into the nursing program. Prior to entering; I called the BRN (California), but they said it was a case by case basis, but they thought my charges weren’t too serious and I would get licensed. I spent the whole length of my ADN program preparing for the day I would apply for licensure, and May 1, 2019 I applied. I had 7 letters of recommendations from instructors, nurses, and multiple Directors of Nursing from the hospital I worked at (3 years as a unit secretary of ICU). June 21 I received my denial letter, and July 9th I appealed. I was granted the opportunity to take my NCLEX, and I sat on August 10th where it shut off at 140 questions. I got the good pop up at least 100 times but since they weren’t releasing my results to me, this was all I could live off of for months! I hired an attorney who eventually got my result from the Deputy Attorney General and I found out I passed, but they would not release my license number until the appeal is closed. From August-December I twiddled my thumbs (while working in the hospital still) and worked on building evidence for my case that I would eventually have to present. I do drug testing through a 3rd party company called Professional Monitoring LLC and Affinity Health, I volunteer, I have taken nursing courses like (stroke training, dysrhythmia 4 day course, PALS, etc), and have had a community of people write me new letters. On December 7th, 2019 I received my Statement of Issues where the Attorney General based out of San Diego listed my charges, but also put my recovery efforts in there as well (completed rehab in 2010, sober living in 2012). Now I am waiting for the hand off of discoveries and to be put on calendar for an Administrative Hearing. If you have read this far, my question is: how long does it take to get put on calendar for an Administrative Hearing? It has been a month and 2 days minus a few days with the holidays that just recently passed. I am so anxious to turn over my mitigation package and get this thing finally going. I do have a lawyer, but emailed her a few days ago with no response so far. I’m wondering if there is a time limit for the Attorney General to give us her Discovery. Any information or past history with this same process will help so much!!

if I left anything out I have no problem answering questions as well! I was trying to write this during bath time for my 2 toddlers! 
Thanks for your help! 

Share this post


Link to post
Share on other sites

2019caadn specializes in Mental Health.

3 Posts; 17 Profile Views

First of all,  I want to applaud you for your tenacity and drive! Personally when I went through the appeal process for my LVN license it did take about a year and a half in its entirety BUT that was back in 2013 and a different Board,  though I believe both the BRN and the BVNPT handle these situations similarly.  I also had an hired an attorney that handled the appeal.  I also want to clarify that after my attorney received the discovery it was already about 7 or 8 months in at the time.  And after extensively discussing the case with my attorney,  I agreed with him that If I am offered a probationary license by the STATE,  which by the way is what eventually happened, I most likely wouldn't get a free and clear license because of the fact that my 2 misdemeanors were fairly recent at the time,  both occurring in 2011 about a month and a half apart,  both unfortunately were alcohol related, first hit and run property damage and sadly later a DUI. So when I was offered a probationary license for 3 years,  I agreed.   I've always regreted my actions,  learned tremendous lessons and fully accepted the consequences. Being a nurse is my calling,  I truly believe that.  It was very difficult and financially costly process with all 19 stipulations BUT doable.  I was persistent applied everywhere and luckily through networking with former instructors I found full-time employment as an LVN.  You do need to be prepared for it,  maybe you will even be able to have your present employer hire you,  there will be quarterly supervisory assessments and prior to even accepting employment you will have to most likely get approval from your probation monitor.  But it is possible! I made it through all 3 years and then my license was converted to current. Since then I also was accepted into an accelerated LVN to RN Program in 2019 that I successfully graduated and had to submit the same paperwork all over again,  this time for the CA BRN.  It took about 5 weeks longer than my classmates but I was cleared to test! ATT received on 12/20/2020, took my NCLEX this past Monday 1/6/2020, shut off at 75 questions,  and yesterday morning checked BREEZE license verification and YES I'm officially a Licensed Registered Nurse! No matter what your obstacles are,  know that it is possible to succeed, it will be very difficult BUT possible!

Share this post


Link to post
Share on other sites

4 Posts; 65 Profile Views

@2019caadn thank you for your response!!! It’s so good to finally hear from someone who has gone through the same thing, and prevailed!!! I could cry for you finding out you became a RN!!!! Congratulations!!! I think the way you found out is the way we dream of finding out, and that has been ripped from me. Even though I take full responsibility for my actions there hasn’t been even one speeding ticket since 2012 so I guess I just assumed it wouldn’t be like this...if you don’t mind me asking was the 7-8 months for discovery from your graduation time? Or from the denial? From graduation it has been 8 months, and from the denial it has been 7. Just trying to compare to whatever little info I can get. I know it’ll happen when it happens and people say not to stress on it, but that’s impossible for a type A personality like me lol. Thankfully, my job is super understanding and if I have to accept 3 years probation they have agreed to hire me and we have gone over all 19 stipulations and none of them will be a problem. The best thing I ever did was get my foot in the door at a great hospital before nursing school while still in my pre-reqs. My lawyer talked about first trying to get a letter of reproval, but if that doesn’t work, trying to get a rule out provision to maybe just get 1-13 since I have been voluntarily doing the drug testing since this all started, and I haven’t had any run ins with drugs or alcohol since 2012. We’ll see how it all turns out! Thank you for responding to me!!! 

Share this post


Link to post
Share on other sites
×

This site uses cookies. By using this site, you consent to the placement of these cookies. Read our Privacy, Cookies, and Terms of Service Policies to learn more.