California AB 2396

allnurses Guide · May 3, 2015

Seems to me the expunged conviction should not be an issue. I wish the best for you.

AB 2396 prohibits a board from denying a license based solely on a conviction that has been dismissed pursuant to the above provisions. The bill requires an applicant who has a conviction that has been dismissed pursuant to the provisions of the bill to provide proof of the dismissal.
Bill Text - AB-2396 Convictions: expungement: licenses.

Jzt1004 · May 11, 2015

Can you keep us updated on how your journey with the BRN went?

Sacnewgrad · May 13, 2015

I was denied by the BRN with a dismissed conviction. I talked to a lawyer and he was unsure how the law would play out. From first look he said it looked like they can still deny you for what lead up to the conviction (i.e. admitted use of marijuana). I hope this law is just starting to get enforced and the BRN is not up to date on it yet. Otherwise it looks like a long road ahead for most of us.

3rdeyeRN · May 18, 2015

I was denied by the BRN with a dismissed conviction. I talked to a lawyer and he was unsure how the law would play out. From first look he said it looked like they can still deny you for what lead up to the conviction (i.e. admitted use of marijuana). I hope this law is just starting to get enforced and the BRN is not up to date on it yet. Otherwise it looks like a long road ahead for most of us.

Hi,

When did you apply, was it after January of this year? That is when the law went into effect. I was also told the same by my lawyer. I was also told by a representative at Mr. Bonta's office that it depends on the licensing board's interpretation of the law. It essentially leaves the door open to either use the misconduct (drinking, drug use, theft, etc.) as potentially a violation of the nursing code of conduct or they could use the behavior and call it a pattern.

I honestly don't know who this law will help. I did manage to get information by reading several licensing boards' (within DCA) meeting minutes, where they state that they will be forced to issue licenses to applicants who would have otherwise been denied because the burden of proof would now be shifted to the licensing board rather than the applicant, which would in turn be extremely costly for themâ€¦I passed up the opportunity to reapply after the first because I have already been waiting a year. If I withdrew then I would have to wait an additional year to reapply and could possibly be in the same situation 3 years after graduating.

Sacnewgrad · May 19, 2015

I sent in my application October 2014, they "misplaced it" and found it in late February 2015. It was officially sent to enforcement in March of 2015 and I was denied April 2015. I have officially appealed so that I can take the NCLEX this June. To reapply I would have had to wait until April 2016 which is a no go for me. If you don't mind me asking what mitigating evidence did you get together to send to the attorney general. I already sent a psychiatrists letter, 5 letters from professors, my transcripts, evidence I completed everything on probation, and work evaluations for the last three years with my initial application and am at a loss for what else to get together.

MyCityLights · May 20, 2015

Was your application marked as received in October?

MyCityLights · May 20, 2015

Hey! I don't have any news just yet. I sent out a request for my RAP sheet to the DOJ and FBI. I want to see what is on there first and ensure the DUI was expunged before I take the chance of submitting my application. I will definitely let you all know what the ultimate outcome was.

I would second refraining from taking too much advice from this board. I have also been given poor advice from attorneys - I was told that I could not get my DUI expunged. Well, I didn't even need an attorney to do that! And you never know what the whole story is with the people posting to allnurses. You may think your case is hopeless because someone posted a story similar to yours and was denied however, you don't know the circumstances behind it. They might not be telling the whole truth. I am generally wary of people who don't take full responsibility for their actions (i.e. blaming the board when it was their choice to drive drunk or steal or assault someone). I have worked as a nurse for over 4 years now and have seen a lot. Drunk driving is a violent crime and we have all put innocent lives at risk for doing it. People who blame others for the consequences of their behavior show a certain moral illiteracy.

I will be sure to give you guys updates as things progress.

HopeRules · Jun 28, 2015

I'm looking for more information about this also...thought I would give it a bump! :)

pitabread · Aug 8, 2015

Hello!

I submitted my application Oct 2014 w/ 2 felonies that were reduced to misdemeanors and a misdemeanor that was reduced to an infraction. I got a response Nov 2014 denying my application because my "criminal history deemed substantially related to qualifications and duties of a nurse."

I submitted my appeal and had to sign a waiver to take the NCLEX. Basically, I'm not allowed to know my results until after the BRN reaches a final decision in my case. I took NCLEX in Feb 2015, and didn't receive the packet from the attorney general's office until 7/30/15.

What I've learned about AB 2396 is that even if you have expunged your records, the board can STILL use the "behavior" that lead to the crime as a reason to deny you the license.

So I'm here trying to figure out what I can do about going about a stipulated agreement with the board. I know I'm more than likely going to end up with 3 yrs probation and I really don't mind the time, it's the terms that sound scary to me.

The "basic" terms that need to be done by most probationers includes drug testing, frequent in-person reports, written reports, authorization from the board to work w/a certain employer, having to notify your employer of your probation w/the brn, having to find a job AS AN RN and perform the essential duties of an RN for at least 24 hrs/week for six months in order to have probation terminated at the end of the 3 year term or else have your probation EXTENDED.