Denied application in CA... should I appeal or go to another state (Virginia)??

Nurses Criminal

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Hi guy I've been a big fan of this blog website ever since I got my DUI in 2016!! At least I'm not alone!

heres my story... summer of 2016 I got my DUI with a.02 bac. Disclosed it to my nursing school a few days later. Started nursing school as a transfer student fall of 2016. I went to AA for a year and finished my DUI classes. I didn't go any other forms of "rehabilitation" and I am regretting that now after I received my denial to get my license from BRN a couple days ago.

So I graduated in June and BRN sent me several letters a couple days ago stating that they will allow me to take the NCLEX ONCE but won't release my test score until they agree to my appeal...

ive read stories on how most are placed on probation and how it is career suicide... so I was thinking of moving to Virginia where my mom lives and trying to apply there instead... I know I will have to disclose that my application was denied though.

I am am at a loss. I may be able to afford an attorney for this appeal and I'm not sure how expensive it will all be!!

Anyone have ave similar experience ???

Specializes in Educator.

Sorry to hear about your experience. I would suggest lawyering up. Applying to another state, will likely produce the same results as you have now - or worse. They may not allow you to test at all. Seek professional advise from a lawyer that has experience dealing with the Board of Nursing.

From my time on this site, I have found California to be one of the most forgiving States. It's probably because the charge was so recent. If it were me and I could afford it, I wouldn't abandon this. It will follow you everywhere, just as you stated.

I'm an old hand at this, meaning I've been navigating the waters of becoming licensed and searching for employment with an arrest (no conviction) that is approaching 12 years old. My saving grace is I'd never been arrested prior to it and I haven't been arrested since. They are looking for the time since your brush with the law and if it's a pattern. Supposedly, an arrest should not count against you after 7 years, UNLESS (and here's the kicker) it has the ability to interfere with the job you are applying for. Meaning, a charge of panhandling isn't likely to interfere with being a nurse. A drinking or drug related charge could... So, depending on the places you apply (once you become licensed, and you will eventually), they could even hold it against you after 7 years.

I honestly think you stand your best chance of everything where you are. California is a bit more open minded, but it's damned expensive. My advice would be to keep doing whatever jobs you've been doing or perhaps looking for a job where you can use your education without needing your license. And example would be Poison Control, or Children's Home Society. You can still make a decent salary and are gathering experience while waiting for your license to come through.

It WILL work out, but it's not going to happen fast. Tap into that determination that got you through school and apply it towards becoming licensed. Also, once the DUI has been resolved, apply for expungement if you can. It's not expensive if you do it yourself and at least potential employers will know that only they can see the charge, your patients will not be able to look you up and see you've been arrested for DUI.

Best of luck!

Specializes in med surg.

I honestly think you have a chance. don't give up. I got my license against all odds. Get a lawyer if you have money, your BAC was so low, that will make a difference... my advice is to also attend aa meetings and get proof and also get letters. I wrote a very heartfelt letter and was very honest about my discretions. I did not make excuses and took full responsibility. Good luck to you. You got this!!

.02 or 0.2 ? Car accident? Kids in car ?

Go to your local legal aid clinic or go to any organization that offers free expungement services. Usually these organizations have pro bono lawyers that will help you appeal the process. Learn from your mistakes, I did. In the end you will get your license.

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