Closing a CA BRN DUI Complaint/Investigation

[countryroad]

Over a year ago I was arrested for a DUI in California. The DA never pressed charges most likely because they had evidence in my favor which was kept from my attorney and I. Eventually the statute of limitations ran out on the criminal case which means charges can no longer be filed.

However, the CA DMV still moved ahead with their case. The DMV hearing finally took place in recent weeks. Winning this hearing is an extremely difficult task since the DMV generally assumes you are guilty until you can prove you are innocent. Miraculously my attorney obtained the evidence mentioned above which allowed us to prevail in the DMV hearing. This is a tremendous relief.

Going back in time (over a year) .... immediately after my arrest the CA BRN was alerted. They sent me a letter shortly after that stating the following:

"The Board of Registered Nursing (BRN) has received a reports(s) alleging that you may have violated the Nursing Practice Act as follows: Misused drugs or alcohol. ........ If you choose not to participate or are unsuccessful in completing the Diversion Program, the report we have received will be

investigated

, which may result in disciplinary action against your license."

I did not respond to this letter immediately so I received another letter which stated:

"The Board of Registered Nursing (Board) recently wrote to you regarding the

complaint

the Board has received and your option to participate in the Diversion Program. ................ If we do not hear from you within the next 5 days, the report alleging a violation of the Nursing Practice Act will be returned to the Board's Enforcement Unit for

investigation

and possible disciplinary action against your license. "

Of course I called the BRN to decline the diversion program because it does not apply to me. A BRN investigation was supposed to start but I never heard from the BRN to inform me of this. Did an investigation begin or not?

Here is where the plot thickens:

I would like to apply for another nursing position at my same place of employment but the application has the following question:

"Are all licenses and certifications that you've indicated you have for this position free from pending complaints, self reports or investigations?"

Even though the DA has not and cannot press charges and even though I won the DMV hearing, I do NOT want my present or future managers/coworkers to learn of this incident because of erroneous assumptions they may make. Therefore, it is imperative that if I apply for this position I answer "Yes" to this question. I have received conflicting advice from legal professionals I have spoken to from :

- "You CAN answer 'Yes' because the BRN has never informed you that an investigation started" to

- "You CANNOT answer 'Yes' because the BRN HAS informed you of a 'complaint' " to

- "You CAN answer 'Yes' at this point because the DA has not and cannot charge you and the DMV has cleared you which essentially means the complaint and/or investigation by the BRN is no longer 'pending' ".

I would like to contact the BRN to find out if a complaint/investigation is pending, and if so, have it closed. However one legal professional cautioned against this because it might stir up an investigation that otherwise would not have happened. Of course, such an investigation should find me innocent, but it is a hassle I do not want to go through that presents its own set of uncertainties dependent upon personalities as much as hard evidence.

Is there a point at which I can consider the complaint/investigation closed? If not, how do I get this complaint/investigation closed without stirring up a world of hassles the CA BRN is notorious for?

Thank you for your thoughtful replies.

[HopeRules]

countryroad,

I feel your pain. This puts you in quite a pickle. I don't have an answer for you but I have dealt with similar things that are so confusing. I would like to know how this turns out for you...please keep us posted.

I too would be tempted to ask the BRN about your status. Is there a statute of limitations on the complaints and investigations? Is there any kind of limit? It just seems like you could be waiting indefinitely for the answer and then end up handicapped so that you can't seek other jobs.

I would really consider telling your employer the truth about your situation. Most people do not think of DUIs as the worst crime ever. It is the most common crime in California. Frankly, one committed by non-criminals. In your case, they didn't even have a case against you at all. If you explain yourself most reasonable people would see your innocence in this situation. Also, I want to know if you go through an HR for employment? If you do, you may not have to tell the hiring manager. In that case it would be explained to HR and it wouldn't be an issue in my humble opinion.

Again, please update with your story as soon as you know more. I know it will help other people.

I am sorry you are suffering with this and genuinely wish you the best of luck!

[HopeRules]

Any updates on your situation. I wish you all the best!

[countryroad]

Thank you so much for your thoughtful and empathetic response.

I rechecked the CA BRN website and it says that complaint/investigation should be completed in a "couple" of years. I can pay for a lawyer to press the issue and hopefully get this resolved quickly or I can wait a little longer until at most the 2 year mark (or another 10 months) for the BRN to resolve this in their own time. I did speak with a licensing attorney since my initial post here and she advised against contacting the BRN. I suppose 10 months isn't too long to wait (assuming the BRN time estimation is accurate).

In any case, it may be better for the BRN to look into my case again of the own accord rather than from me urging them to do so. But waiting on the BRN means missing out on potential job opportunities at my company.

I will consider speaking to HR about my situation. The phrasing of the application question does not seem fair or even legal: "Are all licenses and certifications that you've indicated you have for this position free from pending complaints, self reports or investigations?"

I would think an "investigation" is the BRNs domain. However, they have never informed that they started an investigation (although in their initial letters, well over a year ago, they did write that an investigation WOULD occur.) Therefore, I would feel comfortable answering that there is no investigation. (A lawyer told me that I should not be expected to assume there is an investigation when I have not been told such.)

The BRN HAS informed me of a "complaint". The complainant must be the police, the DA, and the DMV. However they are not complaining anymore . So it seems reasonable to conclude that the "complaint" is no longer "pending". But I am left wondering if the complaint is considered pending until investigated.

It is difficult to know how to answer this question which is why I think it is worded unfairly. I was thinking of asking my union rep to speak to HR without mentioning my name to see if we could have the question reworded.

My license is due for renewal and I just submitted my renewal application. Fortunately, I did not need to report any convictions or disciplinary actions since there were none. I received my renewed license within days. It was nice to see it in the mail. Things will get better, and again, I appreciate your concern.

[HopeRules]

countryroad,

I replied previously but for some reason it never showed up.

It seems like you have a good plan. Thank you for sharing this story and please update so as to help another that may be in this kind of predicament.

I wish great things for your future.