CA board denying application for license by nclex exam, appeal? or stipulate?

luvmyfab5, thanks for posting that link! I was searching for attorneys who may shed some light on my situation and wasn't able to come up with anything, until I found this link.

I'm going through the same situation. Just got my letter in the mail today. My dui was 2008 and 2009... im still taking my dui classes which wont be done until may 2012. I got a lawyer for my second one so it took a while to start everything. Anyways. I'm lost myself but I will be contacting the BRN about this situation. I cannot afford a lawyer so I will try whatever I can do without one. If I find out anything I will let you know and I hope you can do the same! goodluck!

Well I'm in Florida so I'm not sure about CA. I just wanted to mention that a couple of my friends in nursing school had DUIs. Both of them were given unrestricted licenses after they had proper documentation and reference leters from instructors. I, myself, was recently approved and I have had a juvenile incidence.

I had state and FBI fingerprint checks done on me and it came back "clear" and "no hit". IDK. I still disclosed it to the BON. It was three months of scary but it worked out.

My situation is different than yours and my BOn does these things on a case by case review.

I'm wondering why they denied you. Was it that the incidence was recent (kinda).

I agree that you should contact a nurse defense attorney......like yesterday.

I'm sorry that you are going through this. Hopefully, you will be able to work it out. Even if you wait a year, I would still reapply.

I was worried about my DUI as well and I was looking at the BON in California, even if you have the DUI's expunged, if you do not state that you have them on your forms it is considered falsified information and the board will take disciplinary action. It still comes up on your RAP sheet so there is no way to cover it up.

I had a similar experience and I will share with you the outcome. At the end if my first semester of nursing school, I got a DUI. I had a fairly high BAC at 2.1. The BRN requested more information about my arrest and subsequently denied my application to take the NCLEX. I was given the option to wait one year to reapply or to appeal the denial. I was offered 2 options for appeal: either enter into a stipulated agreement with the BRN or have my case heard in court. I began the appeal process and chose to enter into a stipulated agreement with the BRN. THe attorney general's office contacted me, I don't remember the exact progression of things but they eventually sent me a document outlining the conditions of our agreement which I agreed to and signed. The agreement was then sent to the BRN to either approve or deny. I received notice just last month that the agreement was approved by the BRN to be effective today 11/2. The conditions of the agreement are a bit painful. I have accepted a 3-year period of probation. In this period I must submit to random alcohol and drug testing. I must attend 1 AA meeting a week, enroll in a 6-month substance abuse program, have a psychological evaluation, work with a physician specializing in addiction who will follow my case. I think that's it.

I had a similar experience and I will share with you the outcome. At the end if my first semester of nursing school, I got a DUI. I had a fairly high BAC at 2.1. The BRN requested more information about my arrest and subsequently denied my application to take the NCLEX. I was given the option to wait one year to reapply or to appeal the denial. I was offered 2 options for appeal: either enter into a stipulated agreement with the BRN or have my case heard in court. I began the appeal process and chose to enter into a stipulated agreement with the BRN. THe attorney general's office contacted me, I don't remember the exact progression of things but they eventually sent me a document outlining the conditions of our agreement which I agreed to and signed. The agreement was then sent to the BRN to either approve or deny. I received notice just last month that the agreement was approved by the BRN to be effective today 11/2. The conditions of the agreement are a bit painful. I have accepted a 3-year period of probation. In this period I must submit to random alcohol and drug testing. I must attend 1 AA meeting a week, enroll in a 6-month substance abuse program, have a psychological evaluation, work with a physician specializing in addiction who will follow my case. I think that's it.

You have to do all that for ONE DUI? Yuck! Do you have a probationary license (with restrictions) or a unrestricted license while you jump through all those hoops for the next three years? At least they are giving you something to work with but gosh, the terms seem excessive.

I had a similar experience and I will share with you the outcome. At the end if my first semester of nursing school, I got a DUI. I had a fairly high BAC at 2.1. The BRN requested more information about my arrest and subsequently denied my application to take the NCLEX. I was given the option to wait one year to reapply or to appeal the denial. I was offered 2 options for appeal: either enter into a stipulated agreement with the BRN or have my case heard in court. I began the appeal process and chose to enter into a stipulated agreement with the BRN. THe attorney general's office contacted me, I don't remember the exact progression of things but they eventually sent me a document outlining the conditions of our agreement which I agreed to and signed. The agreement was then sent to the BRN to either approve or deny. I received notice just last month that the agreement was approved by the BRN to be effective today 11/2. The conditions of the agreement are a bit painful. I have accepted a 3-year period of probation. In this period I must submit to random alcohol and drug testing. I must attend 1 AA meeting a week, enroll in a 6-month substance abuse program, have a psychological evaluation, work with a physician specializing in addiction who will follow my case. I think that's it.

when u went to your appeal...did u have a an attorney representing you? just curious, i have one dui and im trying to make sure to cover all my bases when i get my denial from boa ;/

I unfortunately received a letter yesterday denying my application for examination for previous DUI's. I thought I waited long enough to apply, guess not. One was in 6/07 and the other 5/08. Now the letter says I can appeal but if denial is upheld I cannot reapply until a year after that decision. I could not appeal and can reapply one year from the date of this letter or It also says if I appeal in place of a formal hearing I can request an aggreement or stipulation that is somehow worked out between the Attorney General's office, the board and I. I then may be able to obtain a license on a revoked status if I pass the test and placed on probationary status. (and that's IF the board agreed to the stipulation) IS THAT SOMETHING I SHOULD REQUEST TO DO, OR JUST NOT APPEAL AT ALL???????? Because the formal hearing doesn't sound like the way to go, I'm sure the denial would be upheld.

Hi. I hope your situation is all cleared up and you had a good outcome! I am recently going through the same thing. I am also in CA and was recently denied to take NCLEX. I got 2 DUI's one in 2002 and one in 2003my BAC was prett high at .3 and .15. I am waiting on the attorney general to make a statement of issues and send it to the BRN. I then have to decide if I want to appeal or reach a stipulated aggreement. I would sincerley appretiate if you could share with me what you did and what the outcome was (thats if you have reached one yet). I am so confused and have soooo many questions and no answers.

I am also in the same boat... I have over 10 years of sobriety and the last time I was in trouble with the law was in 2001... I am also a CA resident... I submitted my package of necessary materials with my application back in the beginning of February... I am awaiting my ATT letter (approval to take test)...and hopefully I will get it. I just wish that there would be a better guideline from the beginning other that 'case by case basis'....currently I work full time as a CNA (love my job!), and I had no problem getting that... JUST SO NERVOUS...please keep us updated.

I just received my denial letter today for getting a dui (while in School) a year ago. I'm trying to decide if it is worth appealing or if I should wait the year and re-apply. From the posts I've read, it sounds like appealing takes almost that long anyway, and going the stipulation route may be even worse because of the probation causing issues with finding work, etc. I gave the BRN all the documents they asked for and have not collected any new material since. So I don't know if appealing would even be worth it since I have nothing further to show. I would greatly appreciate any advice. Obviously I'm devastated and believe I just wasted two hard, long years and fifty grand.

DJYoung- I am in your exact boat. I received a DUI in my last semester of school (June 2011) and received my denial letter just yesterday. I was wondering the same thing about the appeal process but am seeking legal advice. I will let you know what I find out. Please let me know what you end up doing and the outcome. Thanks!