Declaratory order to Texas BON

swanganzcath · Oct 22, 2014

I am really confused with this whole process. I have 3 misdemeanor charges from when I was 20 that were dismissed back than. I am now 24. I did my DO and got a blue post card in the mail saying I was clear; however, I received a letter from the BON that my case has been moved to the Enforcement Department. Is this a way to punish me because I disclosed my cases to the BON but had a clear background check? Please help.

melaninatedSRNA22 · Dec 7, 2014

That's very strange. I've heard that happening to a few people. It's possible that your background check did clear, but when you sent in your DO they took action. So lame Best thing for all nursing students to do is to do your own FBI level background check, see whats on there, so you don't shoot yourself in the foot.

orchid2 · Jan 17, 2015

Does anyone know how I can do my own FBI level background check? I want to be sure I submit anything that could be on their upfront. I keep reading horror stories about offenses popping up that happened in high school. Please help

stefviktoriaRN · Jan 19, 2015

I am really confused with this whole process. I have 3 misdemeanor charges from when I was 20 that were dismissed back than. I am now 24. I did my DO and got a blue post card in the mail saying I was clear; however, I received a letter from the BON that my case has been moved to the Enforcement Department. Is this a way to punish me because I disclosed my cases to the BON but had a clear background check? Please help.

It's to my understanding that any case with a positive criminal background moves into the enforcement Department.. So at this point it is probably just routine. If you don't mind me asking what we're your offenses?

stefviktoriaRN · Jan 19, 2015

Does anyone know how I can do my own FBI level background check? I want to be sure I submit anything that could be on their upfront. I keep reading horror stories about offenses popping up that happened in high school. Please help

You should be able to.. Maybe you can pay to get fingerprinted.. Just research it.

stefviktoriaRN · Jan 19, 2015

Does any one know if the court documents you send to them have to be notarized and sealed? I just got copies from the court and sent mine off a couple days ago along with my personal letter. Thanks

Don't Believe So...

Nurse361978 · Aug 3, 2015

It took me the full 6 months to receive my letter all was cleared.

bbolden · Sep 10, 2015

Yes they have to be notarized and sealed it could delay process

OneHotRN2b · Sep 24, 2015

I am in need of some insight. I am so confused with this whole DO thing. I will find out mid november if I was accepted into the weatherford college LVN program. I have a charge on my record from when I was 16 (assult) and then also a drug para. charge from when I was 19 (2009) I saw on the DO paperwork that we do not need to disclose "sealed" records. I called the court and it is in fact sealed and the clerk said she couldnt even give me a copy of the records since they are sealed...

Now I still have the drug para charge on my record. They said that tech it is not on my record however they are an open court so the BON might see it...so just to be safe I sent everything off...Sent the certified letter from the court, my personal statement and application. I was told that the charge was deferred disposition that was dismissed after my 90 day probation. Does anyone know if this will end up going to the enforcement department? I know it first has to go through the operations department but IDK what make it go up the chain. This was a class C misdemenor that was dismissed and I have no other charges since....

Im not sure if weatherford will let me start their program in January without clearance (if anything knows about that that would be helpful too.) Im just hoping it will only take a couple of weeks and I can get clearance before I do the background check with the school...

Any help would be great!!

brib1811 · Nov 12, 2015

Following

ncullom · Nov 16, 2015

Hello all, I could use some advice/encouragement. I filed a declaratory order with the BON disclosing 2 arrests that were for failure to appear. I had gotten 1 ticket over 10 years ago for driving without insurance, and another ticket for driving without a license 5 years ago. I let both tickets go to warrant, and for the first one I was picked up by an officer who ran my plates, for the second ticket I turned myself in to the police to sit out the fines because I couldn't afford to pay them. Due to the driver responsibility program that we have here in TX I was also issued surcharges with the fines, and if I ever made a late payment on one of these surcharges my license would be suspended. I was caught in this loop of fines that I couldn't afford to pay, my license would get suspended, I would pay a surcharge then another would crop up and I just couldn't keep up with it for a long time. Since then I have paid all of the fines and have had my license reinstated. I disclosed all of this to the board before I was fingerprinted and am now waiting to hear back. I was also arrested when I was 15 for shoplifting. I was never charged with any crime though and was told that it wouldn't show up on my record. I read up on the laws concerning juvenile criminal history, and found out that in Texas juvenile records are automatically restricted when you turn 21 and should remain restricted even from other criminal justice agencies, as long as the individual in question doesn't commit a class A or B misdemeanor or worse after the age of 17. I also read on the declaratory order form that we are not required to disclose juvenile records that were adjudicated without a finding of delinquent conduct. I feel as though I have done the research, and have done my best to complete this process properly, but I'm terrified that this shoplifting charge might show up. I thought that I was following the guidelines, and that I reported everything that I was required by law to report. However, I keep reading about people who had their juvenile records sealed, who have still been asked to report these offenses even though they are not required by law to do so. How is this possible? Isn't it illegal to state on the application that it isn't necessary to report these things, and then penalize people for not reporting them? I'm so afraid. I just filed my DO at the end of October, and I am supposed to start the program in January. If I don't get cleared, I'll lose my spot, my university student job, and my ability to recieve financial aid which is partially how I pay my bills. Any insight into this matter would be greatly appreciated. I feel tricked. I feel like my school should have warned me about this possibility before it was so late in the semester. The university has made over 20,000$ off of me so far, but if I cannot get this letter in on time nevermind that I have a 3.9 GPA and have worked hard for 2 solid years for this...I'm left with no job, no school, no health insurance etc. and no one will care. How do they sleep at night?

ncullom · Nov 18, 2015

Are you in Texas? I don't know what causes something to go to enforcement, but I've done some research, and I found out that juvenile charges in TX are subject to restricted access even from other law enforcement agencies if that individual doesn't commit another crime after the age of 17 that is punishable by jailtime. Since the para charge is just a class C misdemeanor punishable by a 500$ fine then I would guess that the BON won't see the juvenile charge. If it looks to them like there is only 1 charge then they may be inclined to view it as an isolated incedent which is probably not that big of a deal. I'm no expert though, just another nursing student who is in a similar situation and has read up on this stuff. There is actually a list of offenses that the BON considers to minor to investigate. Here is a link to that list. Good luck, and please let us know how it turns out. https://www.bon.texas.gov/pdfs/board_meetings_pdfs/2008/July/6-7.pdf