BRN says I have a conviction but I don't!

Nurses General Nursing

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So I have a bit of a dilemma right now and I am looking for anybody who can give me some advice! So I received a letter stating that due to disclosure of previous discipline/conviction my application will need additional processing time. A couple of days later I received another letter requesting arrest records, court docs, a letter of explanation, etc. As we all know, it is impossible to talk to anyone from the BRN. I finally was able to talk to somebody from the BRN who then quickly transferred me to the enforcement dept to leave a message. A couple of days later I received an email stating that they saw I was arrested and convicted of Disorderly conduct and a DUI in 2004 (mind you I was 15 years old at that time). This is the first time I have ever heard of this! I joined the military in 4/2007 and had an extensive background check to obtain top secret clearance, tons of background checks for government service positions, and background check for nursing school and this is the first time I am hearing about this! So I believe it may be a human error on their part? Not sure.

Anyways, I tried calling them back several times throughout the week-no response. Sent a couple emails-nothing. I just want to get more information on what they have so I can prove that it is not me. So far, I have gone to the DMV to obtain my lifetime driving records (one from CA and one for NY). Since I live in CA, it was easy to obtain the CA one, but the most important is the NY records because I was living there when this supposed DUI occurred. The thing is I had to request the NY records by mail and it can take up to 15 business days to receive it :-/

Has anyone been in a similar situation? Also, any advice would be greatly appreciated. It has been rough the past couple of weeks and I feel helpless....Thank you in advance!

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Specializes in Psychiatric Nursing.

Maybe at least send them a certified letter stating what you are saying here and requesting more Information. Keep copies.

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Specializes in ER/Tele, Med-Surg, Faculty, Urgent Care.

It's a mistake on their part so yes send certified letter explaining as you did here. Ask them to send you whatever documents they have . Double Check nMes date of birth etc

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So I received another email today from the enforcement officer stating "The arrest date was 08/26/04.

It appears that the arresting agency was San Diego Central Sherriff's Office. You might want to contact them to obtain report, and go from there. I spoke with my supervisor, and she authorized me to finish processing your file. Thanks." Again, I was living in New York at that time! I went to the SD Sherriff's office and they stated that they can only pull up records as far as 10 years. If it is longer than 10 years (which it is) then they can't pull the records. I asked if there is anything I can do to get records that are dated past ten years and they stated that I would need to request my RAP sheet through the DOJ. The processing time for this will be 13-15 weeks! So for now, I am going to send them my DMV records from CA, my drivers license, social security card, H.S transcripts stating I was attending school full-time in NY and my marriage certificate (in case this is under my married name).

They will not be able to send any documents to me (BRN representative stated to me today)

How do I certify the letter explaining everything?? Is there anything else I should do? Thank you guys so much for helping me! I just feel so defeated right now.

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Specializes in psych, addictions, hospice, education.

This is the stuff lawyers were made for.

How terrible for you!!!

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Specializes in Postpartum/Lactation/Nursing Education.

Oh my gosh, I am soo sorry you're going through this. I agree that calling a lawyer is appropriate in this situation. A lawyer will likely have an easier time getting the records you need to clear your name in this situation. Don't lose hope. Good luck. :)

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Im going thru the same kind of situation also, except my nursing board says i have a warrant for check fraud from 7 years ago in texas, the problem is i never written a bad check, never been to texas, and i called the city of dallas texas, dallas county, and the fbi to inquire about it and none of them have any arrests or warrents for me and arent able to send me any docs to prove it, i would have to travel to texas myself to get them, i sent my certified letter to bon and im just waiting in limbo for my license. This sucks!!!

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Wow, that really sucks. Is there confusion with another person with the same name possibly?

I'd get a lawyer as well.

Good luck!

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What a nightmare. I am so sorry.

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Specializes in Heme Onc.

I had been refused a job (not nursing...this is way before I Was in nursing), over an undisclosed criminal record. Typically when that happens they have to provide you with the info they used to make that decision (which I requested). I had apparently not disclosed multiple arrests and charges including child abuse, negligence and abandonment, shoplifting, PROSTITUTION. All of these arrests and charges were filed in California, a place I had only visited once... for a week... and had my wallet stolen. It was all so interesting, because I HAVE NO CHILDREN. And I allegedly served time in a county jail in California. Hmm, must forgot about that during my week long beach vacation, didn't take any pictures of my cell while I was there.

Turns out my identity was also stolen, and an illegal immigrant from Colombia had assumed my identity, had opened credit cards, bank accounts, even had a drivers license with my info but her photo on it.

I know the situation isn't the same... but Lawyer up. It took years to fix this crap, likely because my credit was involved, but resolving this

may take more knowledge and elbow grease than you're willing to pony up on your own.

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Wow, that really sucks. Is there confusion with another person with the same name possibly?

I'd get a lawyer as well.

Good luck!

Yes the person had the same name but different date of birth, but the nursing board issued my license today, THANK GOD!!!! so the timeframe from passing my nclex till licensure was 2 months, now i can work

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try contacting your state rep.

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