Completed LVN Probation, now applying for RN licensure (Application Denied)

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Hello I am wondering if anyone has been through this situation. I completed LVN probation Jan 2019. RN application was initially denied Nov 2018, I was allowed to sit for the NClex (I did Jan 2019) with conditions of not receiving results until an agreement was made with the Attorney General. I called the BRN and they told me statement of issues is being drafted, OMG!! I am so nervous, could they possibly want me to do more probation. I completed LVN probation and was given early term. My criminal history stems from 2002-2009 and I have not been in trouble since. DUI-2002 DUI-2005 Disturbing peace 2007 and Driving on suspended license 2008&2009. All charges have been expunged, Addiction eval, letters of all kind and completed LVN probation. Not sure what else they want from me, I am beyond tired and frustrated. I have paid for my past over and over, missing out on job opportunity, feeling defeated. I have invested too much in this field, my education and I just can not walk away. At this point I can not do another round of probation, so I am patiently waiting and hoping for at the least a letter of reprimand. Any comments will be appreciated, experience, advice etc.

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Hey there,

Just wanted to say that I'm sorry you are going through this and offer support. The big thing to remember is that very often these entities see only that we have a 'qualifying' issue that warrants a monitoring contract. If I went through monitoring, then got my BSN. I wouldn't expect to have to be monitored again. I'm not applying for new licensure.

But, if I were an RN who went to NP school while in monitoring, had to fill out the application for NP licensure and it still fell within the 5 year period where they ask if I'd received any treatment for addiction, I'd be very worried that I'd be slung right back in monitoring land for an additional 5 years. This is Florida, I'm speaking of. And who's to say what the BONs definition of 'treatment' actually is. Treatment to them could be monitoring, or the unscrupulous referral I've just been sent for, etc... The only way I would feel semi-safe would be if I completed monitoring and waited 5 years before applying for a new license of some sort. Even then, I'd still be paranoid.

I hope this isn't your fate. Hope all goes well, maybe your State will be different. On the application for RN does it ask if you have been 'treated' within the last 5 years?

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Hi thank you for your response. After wondering and searching all information on the internet, I decided to let it go and just wait it out. I received statement of issues from the attorney general and will have to go through the process. I submitted a response asking them to reconsider the denial of my RN application. I will update as I go through the process. It is nothing I can do aside from having patience.

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In response to your question, no the application does not have a question about treatment. It is the initial application for license. It does ask if you had any other license disciplined before and also any criminal history. Once again thank you!!

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Hoping all goes well and they let your initial probation stand.

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In response to your question, no the application does not have a question about treatment. It is the initial application for license. It does ask if you had any other license disciplined before and also any criminal history. Once again thank you!!

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Hi I wanted to update my journey..I went to an administrative law judge hearing OAH because of the denial and the ALJ recommended (guess what) probation. OMG I am so disappointed and overwhelmed. I really wanted a letter of reprimand or reproval. After the tentative decision is made the BRN then has 100 days to make a decision: to adopt and or reject. The judge recommended I do 3 years of probation but ruled out group meetings, AA, biological testing. I am so tired of fighting, I know I can possibly do a reconsideration depending on what the board offers but I am simply TIIRRREEEDDDDD! I did the LVN probation, so I guess the RN probation wont be too bad given I would not have to test. So again I am waiting, waiting &&&&&&&& waiting for the BRN to decide my life. Probation just keeps me chained. I do not think I can continue on to NP school with a restricted license, not sure if I can teach under my RN license, so will be using my LVN, If it is a school that would accept me for NP, please someone let me know.

I think I gave it my best shot but I am giving this to GOD and letting it go. I can not deal with the stress, agitation, despair, etc.

Well hopefully they tell me if I passed my NCLEX soon. I have tried the Pearson vue trick, not a good sign--tried the Breeze trick got Error message so not sure if good or bad. I am going to stay prayered up and stress free. I am thankful I still have an unencumbered LVN license so I survived the BVNPT probation, gotta go a round with the BRN. Keeping my head up with positive vibes.

So when I find out if the BRN accepts the proposed decision, I will update. Soon to be RN, MSN..

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Specializes in Med/Surg, Women's Health, LTC.

This just blows me away that you would have to do ANY probation or monitoring again.

You paid your dues via the legal system, you paid via your LVN license and now, you MAY have to pay your dues again?!?!?!

Did you retain an attorney who deals with licensing? I would think (uh-oh, there I go again, using common sense) that once you finished the probation & monitoring with the LVN, that would suffice....................

:idea:

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How the heck did you get all of that expunged? My state, as far as I know, wont allow expungement from DUIs or anything after a first misdemeanor (I thought that was a national thing). Share with me your wisdom! LOL

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15 hours ago, rn1965 said:

This just blows me away that you would have to do ANY probation or monitoring again.

You paid your dues via the legal system, you paid via your LVN license and now, you MAY have to pay your dues again?!?!?!

Did you retain an attorney who deals with licensing? I would think (uh-oh, there I go again, using common sense) that once you finished the probation & monitoring with the LVN, that would suffice....................

:idea:

Hi, yes & yes I went to the administrative hearing with an attorney. My belief is that the ALJ is not experienced in BRN issues. The RN is brutal. Hopefully that reduce the terms ?? but honestly I don’t think so. I may have to drop everything and reapply in 1 year when the new law come out in July 2020. No license can be denied based on expunged conviction or previous discipline on a license.

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6 hours ago, KatEverly said:

How the heck did you get all of that expunged? My state, as far as I know, wont allow expungement from DUIs or anything after a first misdemeanor (I thought that was a national thing). Share with me your wisdom! LOL

I filed paperwork in the courts and boom ? expunged all show up as dismissed on livescan and nothing shows on a routine background. I am in California so not sure why expungements don’t work in your state.

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To all potential and already hard-working RNs: We are humans. People do make mistakes at least once in their lifetime. Let's just NOT hurt anybody's feeling, because like I said, we are all humans, and people make mistakes at least once in their lifetime.

HERE IS THE GOOD NEWS!!!!

Before I go further, I would like to introduce myself. I am in a same boat as many of you. Had DUI 5 years ago, got it dismissed under CA Penal Code 1203.4. In California, there is no such thing as "EXPUNGEMENT/SEALED RECORD." Dismissal is the best thing you can do, which many lawyers call it, "expungement." But this judicial dismissal (penal code 1203.4) wasn't helpful AT ALL. Why? READ below:

Let me tell you my story.

1. Judicial dismissal of my DUI after 3 year probation - under penal code 1203.4. In order for you to get this, you need to settle all your fines, probation period, community hours, AA, anything that court asked you to do to settle this case.
2. When I had to do a fingerprint for Licensure, I requested for MY OWN copy of FBI RAP Sheet (the one that board is going to see).
3. EVERYTHING APPEARS on that FBI record. EVERYTHING BEYOND 7 YEARS. YOUR ENTIRE LIFE RECORD IS THERE (Except juvenile cases. If your case was ruled under "Adult level court," no matter how old u were, those records are there) - what does this mean? EVEN IF YOU "JUDICIALLY DISMISSED" your case under Penal Code 1203.4, IT SHOWS UP ON THAT RAP SHEET. It just indicates that it is DISMISSED. The BRN will see EVERYTHING. Your arrest time, reason for initial arrest, conviction, and dismissals. This is WHY I tell people: PLEASE PLEASE DISCLOSE ALL CRIMINAL CONVICTIONS TO THE CA BRN. BE HONEST!

It's been six years of my FIRST/LAST DUI, and I was STILL SCARED TO APPLY. I am currently residing out of state due to high cost of living in CA and fear of denial in my CA RN licensure (I didn't even try to apply for CA RN, because if you get denied, it makes you extremely difficult to obtain another license out of state). I got my RN license here without any problem. HOWEVER, I have my family there. I grew up in CA and lived my entire life there. I really would like to go back to my family, community, and want to help people out there too. BUT I COULD NOT!!!! Not until I get CA RN License. I was desperate. I love CA, but if I get denied for CA RN licensure as endorsement, my current license will be affected too. That's why I hesitated to apply to CA.

However, after a long research (as a former pre-law student and I am the type of person who goes through EACH LINE ON THE BILL regarding the CA BRN'S legal right to deny, revoke, suspend RN Licensure before attorneys), I just found out that CA Governor Jerry Brown signed a Bill 2138 in September 30 , 2018. This Bill will save lots of lives!!!! It will be effective on July 1, 2020.

This newly enacted law states that: As of July 1, 2020, section 480 will be amended to provide that an applicant cannot be denied a license “on the basis of any conviction, or on the basis of the acts underlying the conviction,” if the conviction has been DISMISSED (under penal code 1203.4 and etc).

Until now, The board had EXTENSIVE authority to deny any applicants with prior convictions including minor misdemeanors (Due to the broad term under current existing law). Some got even denied with their 10+ years ago DUI record that was already dismissed. HOWEVER, starting July 1, 2020, The BOARD CANNOT DENY ANY APPLICANTS WHOSE CONVICTIONS ARE DISMISSED UNDER PENAL CODE 1203.4, AND THEY CANNOT DENY ANYONE FOR CRIMINAL RECORDS THAT ARE 7+ YEARS OLD.

* But if your crime is involved DIRECTLY with health profession (such as sexual offenders, child abusers, elderly abusers, medicaid fraud related issues) you are not protected by this law.

I am crying right now. I have hope that I can go back to CA to live with my family again.

So people out there, who are in similar situation as I am, DO NOT LOSE YOUR HOPE. Make sure you are in good status, learn from past mistakes, and be ready to serve for all vulnerable population as a NURSE. People DO MAKE MISTAKES. CA is now giving people a chance to live again!!! Hurray!!!

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