Published May 30, 2012
nurseface
11 Posts
Dammit! Hi. In the 90s I was charged with 4, yes 4 felonies. Drug related. A large bag of MJ was found in my vehicle. I have since moved on and beyond over it now. Everything was dropped after I was accepted into a DEJ program in pursuant of Section 1000.3(a)/(b) of the Penal Code. In my initial application I answered no to the conviction question. I honestly did not understand that crap! Since then, I have collected excellent letters, all the requested information (although the police station said they no longer have a record of my arrest report so they gave me a letter) and I was even the valedictorian of my class. Typical right? I'm not getting a lawyer unless they officially deny me. I'm hoping to send them the best packet they have every received. So my question is, has anyone ever been arrested and charged with a bunch of felonies, had them all dropped and accepted by the BRN. I mean, it's only my entire life we're talking about here. All stories/advice/thoughts welcome.
Bigmaine33
79 Posts
Hi, when u say flaged wat do you mean?
I sent in my initial application and replied 'no' to the conviction question. I misunderstood the question. While I've never been convicted of anything, I still was arrested. All of my charges were dropped but the arrest still shows up on the DOJ background check. So I received a letter from the CA BRN stating that I failed to respond correctly and they are now requesting all of the official forms, letters, records etc....it's very nerve wrecking. While I wasn't officially denied, I have been flagged.
Ok i understand. im in the same boat. But i did anwser yes, u have to go to the court house get all the documents and fax it over. Find out who is handling ur case and deal with directly. Also right s letter explaing wat happen in realtime and tell them u were not trying to hide anything but u misunderstood the question also put that in writting and go from there. They might ask you for character references maybe five u should get them before hand, that way ur prepared
2bnitenurse4ever, ADN
12 Posts
If I am not mistaken, it is a very serious mistake you have made by saying you have no criminal convictions.
Well that was pretty obvious when I received the letter. I never have been convicted. Ever. But because my arrest showed up on my record, they still want a detailed explanation as to why I answered no and the details surrounding my arrest etc....(all of my charges were officially dropped and I was never convicted of anything) I have since retrieved all of the information and will be sending in my packet soon. I honestly misunderstood their question "have you ever been convicted" and answered to what I believed, was an honest response.
Well, hard work and dedication has paid off! The BRN has given me the go ahead to take the NCLEX! So happy!!!!
NRSKarenRN, BSN, RN
10 Articles; 18,926 Posts
While you may have permission to take NCLEX, it does not mean you will be given license immediately upon passage. Expect it to take several months for offical review and approval. Best wishes moving forward.
boomertx
34 Posts
It sounds rather than dropped the charges were "dismissed" pending your satisfying the terms of the program (what they now call deferred adjudications). Again, I'm only assuming here but usually to be accepted into a program you must admit your guilt. Anyway the only reason I say this is because if they were dismissed because you found "not guilty" or the initial charges not pursued by the district attorney's office (didn't go before the court and dismissed for want of prosecution) then you may be eligible have all them expunged entirely, including the arrests therefore, from your FBI record. If "deferred" and then dismissed, then not. Either day, and in view of your upcoming appeal, I recommend you contact an attorney who specializes in representing nurses before the BON in your state for a consultation on the matter. Most of the time initial consultation is free and you may find that having an attorney handle the matter will result in much a better and faster outcome. You want to be very careful you don't present or say something that would harm your appeal. And who knows, perhaps the attorney can get an Order of Expunction which will solve the matter and help you obtain employment in the future. I'm all about cleaning up your criminal history record just like you would your credit. However, that's just my opinion.
BigDummy
1 Post
I'm in almost the exact same situation as nurseface. I had maryjane drug charges dismissed that never went to court, and no plea was ever entered. I'm getting ready to apply to the BON to take the NCLEX. I plan to submit this info with my application even though it makes me look like a big dummy. Any advice? Am I doing the right thing? And did you (nurseface) ever receive your license after being allowed to take the NCLEX?
Thanks!
Just to clarify...
The BRN accepted my application and I took the NCLEX last week. I passed :-)
My quick recap: 15 years ago I was arrested and charged with 4 felony drug counts. I was a teenager and basically hung around the wrong crowd. I immediately changed my life and 2 years after my arrest and a completion of a drug program under penal code section 1000.4(a)(b) all of my charges were dropped. I was never convicted but I still needed to appeal to the BRN. Worst 6 weeks of my life. I was honest about everything with them. I also have done amazing things in the last 15 years and can proudly say that I am an upstanding citizen. They saw that and the turn around was fast (2 weeks after I turned in my 83 page packet they replied). I spoke with a few lawyers and I have to say that they were total sharks. They did their best to scare me into hiring them (one guy wanted 12k!) and told me there is a slim shot of success without them. If you are capable and do your research, you do not need a lawyer. What a joke! I spent hours and hours and hours preparing my packet and doing my own research so I would be more than happy to answer anyone's specific questions. The BRN appreciates honest people who are willing to admit their mistakes and can prove that they have taken every possible measure to change your life for the better. Transparency is key!
You sound like debbie downer. It didn't take long at all.