BNE Declaratory Order Help!

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Hello,

I am new here but have a specific question re: Declaratory Order. I am on Deferred Adjudication Probation for a felony "aggrevated assult". The allegation was said to have occurred in 1996, but I did not receive probation until 2004 after many years of battleing with my ex-wife in court. Yes, it is she that brought forth the allegation, in my opinion only to have an edge in the divorce proceedings. There are no claims of physical abuse as aggrevated assult encompasses mental anguish as well. My dilema is that I want to leave my current profession and become an RN. I have been accepted to a college of nursing and already possess a Masters degree, but they tell me I have to file a Declaratory order now. I am so afraid that I will be turned down because of my situation that I am looking for any advice as to how I can handle this. I am a good person that got mixed up with someone who was very bad for me.

thank you to all who try to help

I'm sorry, I should have been more clear. I moved out in 1996 and eventually filed for divorce in 1998. In 2000 I finally received my divorce, but during that time she filed criminal charges that drug on until 2004, at which time I accepted a plea for deferred adjudication probation to end it. I've never experienced something so difficult in my life and sometimes thought I would have a nervous breakdown. I am unsure how to approach the board to help them understand the circumstances. I really look like a blacksheep in my opinion, but hope to convince the BNE I am worthy of an opportunity to do something good in the field of nursing.

thanks again for you help.

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Hello,

I am new here but have a specific question re: Declaratory Order. I am on Deferred Adjudication Probation for a felony "aggrevated assult". The allegation was said to have occurred in 1996, but I did not receive probation until 2004 after many years of battleing with my ex-wife in court. Yes, it is she that brought forth the allegation, in my opinion only to have an edge in the divorce proceedings. There are no claims of physical abuse as aggrevated assult encompasses mental anguish as well. My dilema is that I want to leave my current profession and become an RN. I have been accepted to a college of nursing and already possess a Masters degree, but they tell me I have to file a Declaratory order now. I am so afraid that I will be turned down because of my situation that I am looking for any advice as to how I can handle this. I am a good person that got mixed up with someone who was very bad for me.

thank you to all who try to help

You need the advice of an attorney badly. Do not try to fix this yourself.

Lindarn, RN, BSN, CCRN

Spokane, Washington

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Specializes in ORTHOPAEDICS-CERTIFIED SINCE 89.

Only one course of action her: Get an attorney STAT

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I don't understand how they held of your sentence for over ten years. If they had just sentenced you back in 96 then you would be in a little better place because it would have been ten years and you know most BON say if ten years have past scince felony conviction then you are ok. I say get lawyer if u must and file your declatory order. I'm not sure how things work in Texas but i know here in PA they dont wait ten years to give you a sentence that just doesn't seem right. Dont give up though its not over until someone like the BOn tells you its over

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I'm sorry, I should have been more clear. I moved out in 1996 and eventually filed for divorce in 1998. In 2000 I finally received my divorce, but during that time she filed criminal charges that drug on until 2004, at which time I accepted a plea for deferred adjudication probation to end it. I've never experienced something so difficult in my life and sometimes thought I would have a nervous breakdown. I am unsure how to approach the board to help them understand the circumstances. I really look like a blacksheep in my opinion, but hope to convince the BNE I am worthy of an opportunity to do something good in the field of nursing.

thanks again for you help.

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Specializes in Case Management.

Why would you accept a plea if you did nothing wrong? It seems that if she was the "bad person" then she would have had the charges filed on her not the other way around. I am sorry, but it does not make sense.

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Was this a violent crime you got charged with

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Why would you accept a plea if you did nothing wrong? It seems that if she was the "bad person" then she would have had the charges filed on her not the other way around. I am sorry, but it does not make sense.

I guess that my guilt or innocence is irrelevant at this point, but I accepted a plea because I had alot to lose and I was scared. The crime was not violent, there are no claims of beating anyone up or anything like that. Assult someone is to cause emotional distress, and I think assult an battery is to beat someone up.

I suppose I will just try to make my case to the board and hope for the best. Thanks for making a good point, why should they believe my innocence if a court gave me probation. Should I try to explain the details of what happened? Or just give the basics and see what they ask? I don't know what to expect.

Thanks for your feedback

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2 Questions for you:

Who told you that you needed to file a declaratory order?

Have you talked to your state BON yet?

I do recommend the advice that others have given you: Seek advice from a lawyer. Some can do it over the phone if it's a simple question. Best of luck to you. I know that you are in a difficult situation right now.

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Specializes in Critical Care.

1. Go to the BNE website and find out how to file a declaratory order.

2. Get the process started.

3. Have a lawyer represent you or help you file the paperwork. Lawyers are not only good for their advice, but their status. Bringing a lawyer tells the board that you are serious.

4. Find out now, BEFORE you start school. No sense going through 2 yrs of school and THEN finding out if it's a problem. BNE and BONs deal with these types of questions everyday.

Good luck,

~faith,

Timothy.

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most definately file the order now before you start school. it take about 4-6 months and you tell your side of the story when you turn in the paperwork. they may say they will give a probationary license but at least know before you start school.

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