Clerk of Courts won't give me a letter

shaggy77 · Dec 20, 2012

Hello all,
This is my first time creating a post. I am so distraught right now. I have been trying for weeks to get someone from the Clerk of Courts to give me a letter typed on letterhead stating that they are unable to locate records on me. The BON is requiring this in order to complete my application.
A little background: I have a misdemeanor from 1993. I have searched online, contacted the police dept and spoken to several people in the court 'system' only to be told they can't find any records and are unable to provide me with a letter. The arrest was in the state of Pennsylvania and I now live thousands of miles away in Florida.
I contacted the BON to see if their was an alternative to this letter (maybe a notarized statement from me) but nope. They told me it has to be stated on letterhead with my full name, signed and dated.
Has anyone had any experience with this? I need help, advice, comforting, anything...I am now a graduate and my transcripts are probably already there but my application is in limbo until I can get this resolved.
Thanks,
NJ

Hey it sounds like you're in a tight spot. I've been there too, only I was able to get my paperwork from the Clerk of Court. When I was 19 I got involved with a person that was always in trouble. I was naive and ended up getting arrested one night, and I didn't even do anything! The police officer was a jerk and he knew he should not have arrested me, but he did anyway. It was so humiliating and I'm paying for it to this day. I was charged with a 2nd degree misdemeanor in 1996 in Tampa, Fl. To compound matters, the COC sent my court appearance summons to the wrong address! I had never ever been in any kind of trouble and had no idea how the legal system worked. I didn't even know there was to be a court date. I was so young and vulnerable. I really felt taken advantage of by the "system". I had no idea what my rights were. Needless to say, I failed to appear and ended up being arrested for the FTA in 1998 when I got pulled over one night coming home from work. I had just bought my car and my paper tag fell off the back window. You can imagine my shock when I was told to "step out of the vehicle" after the officer ran my license. So then I had two arrests on my record and wasn't even guilty!! I always wanted to be a nurse, but put it off for years because of my "record". I ended up getting it all sealed after I gave myself an education in the legal system. Learned a lot! I could be a paralegal. A judge sealed my records, and I petitioned the Florida Board of Nursing for an exemption so I may practice in the role of CNA (which I got in 2010), LPN and RN. I will be graduating with my RN this spring. I'm running into problems again though. You see a record is only sealed so tight. I'm in the process of applying to a federal job, and they will be able to see it and I may be turned down. It really sucks. I know how you feel.

You are going to run into issues, as you're finding out already. You most likely won't be allowed to take your NCLEX till this matter is cleared up. The BON is very strict and flexible is not in their vocabulary. Since the coveted letter rests in the hands of PA, and you are here in FL, it's gonna be tough. If you lived there, or even if you can visit, you could go in person and bug them. I would keep calling, maybe enlist the help of an attorney if you can afford one. I didn't though, I had no money and was able to get it done myself, but I had to keep after them. The COC in Tampa tried to give me the wrong disposition letter that had "guilty" on it, which would have disqualified me from a record sealing. It was supposed to say "no contest". The same ones that sent my summons to appear to the wrong address. Sometimes I think it's not so accidental. They figure we're criminals, so who cares? It's a joke to some of them. And you can expect rude and judgmental treatment too. I had to drive 60 miles RT quite a few times, to get things ironed out before I could even began the process of a sealing. You have to find out who works there, get some names and ask for those people by name. After awhile, you may win the sympathy of someone willing to help.

What I find interesting, is if there is no record of your misdemeanor, then you must not have been convicted and didn't need to pled no contest?? If that's the case, if it was just an arrest w/out conviction, then you may not need to present anything to the BON, but that's a legal question I'm not qualified to answer. I do know that in the state of Florida, an arrest that did not lead to conviction can and should be expunged. These arrests are eligible for immediate expungement, immediate meaning you must follow through all the formalities first. I would advise doing this, so no one can google your mug shot or other info on it. Just get rid of it if you can at all. I would just keep after them, get a relative to go in there if you can and bug them!! Keep your chin up! I know it's difficult and humiliating.

amoLucia · Dec 21, 2012

Consider consulting a lawyer in the state you need your info. Might be worth the investment for a specific issue like this.

When things involve the courts and legal issues, you get a lawyer to help.

When your kitchen sink leaks, you call a plumber.

When a bone sticks out after a fall, you consult an orthopedist.

Get a professional to assist you, that's what they get paid for.