Denied CA lvn license for 2 DUI's

hracw · Apr 20, 2011

Just fyi.... Before entering the LVN program they did 3 background checks on me. No DUI offense...but still we all deserve a shot. thanks.

Blackcat99 · Apr 20, 2011

I would check other states to see if they would accept you. I use to living in Wyoming. One of the good nurses I met who worked agency in Wyoming told me that she had been in prison for murdering her husband. So she had a "felony" on her record and was working as an RN in Wyoming. You may have better luck with the other states.

octaviaM · Apr 20, 2011

I agree completely, I had background checks too, with 2 dui's (misdemeanors) one from ten years ago and the other one 3 years ago. I was stupid and made huge mistake, but I do not drink now and have learned a hard lesson. Unfortunately, the school that I paid $30K to as well told me that my past record of my 2 Dui's should not be a problem. They gladly took my money and my time!!!! Now for nothing! I have sent off a letter asking for an appeal, still waiting on the BON to send me date. I heard here in CA that it can take up to a year?? I swear I feel like suing the school, but I want to be a nurse!!! The schools SHOULD NOT ALLOW STUDENTS TO BE ACCEPTED INTO PROGRAM THAT IN THE END YOU CAN'T USE YOUR DEGREE!!! I also agree with you in regards, to all of the current nurses that have dui's on their record they only get probation. At least they could of granted me a probationary license. I am so upset and not sure what to do.

hracw · Apr 27, 2011

Wow! thank you so much for the support. I appealed the same day. the board told me that an appeal can take up to a year-- and after a year i would be able to reapply anyway. These people make no sense. I will call a few states and see what i can do. that would be the best way. I will make sure to update as i get information because this process everyone should know about it. I have to stand before a judge and argue my point. Bring it on! because i spent 30,000 and what do i have to show for it???

jeff3852 · Apr 27, 2011

I guess the B of N feels no one is any hurry to begin working after 1 1/2 of school and mounting student loans that are due as well as the financial well being for their families. This is ABSOLUTELY criminal what the Board does to students and again they have nothing posted about convictions or the possibility of NOT being licensed because of past convictions. I went ahead and hired an attorney and I will fight this to the bitter end if I have to. I know the pain, anguish, and pure Hell this is to have to go through all of this and I wish you all the best in your appeal.

octaviaM · Apr 27, 2011

Does anyone know if we can apply to other states, after you have been declined a license? Also, how long does our NCLEX pass stay in effect? I am just worried that this appeal process is going to take so long, am I going to have to re-take the NCLEX?

kzimmermann · Apr 29, 2011

I'm sad to say I found this thread that is close to my situation, since it means quite a few are in the same boat, but I'm glad to get some information.

I've been sober for 3 years now (going to my Birthday meeting tomorrow) and have 2 misdemeanor convictions: One in 2004, and the other in 2008. No excuse for either, but after my mom died a rather gruesome death in Jan 2008, I spiraled into a deep depression and began drinking more. In early April 08 I drove home from a company party at my place of work and was arrested.

I got sober, put myself into inpatient rehab a month later to help me stay sober, have been productive, volunteer and help others. The judge, having letters from my psychiatrist and grief counselor did not add as much as 1 hour of community service onto my charge. I changed my career after I got sober to nursing. It essentially is what I was "made for."

I've been researching like crazy because I'm about to spend well over $100K (big loans) for graduate school and I'm hitting the same wall. When I've called the BON in the past or researched my issue, I've heard the same you have: "It _shouldn't_ affect your application", "Just stay out of trouble", "Make sure you have your documentation", etc.

Now, I'm still not getting any concrete answers and this scares me since some of your convictions are much older than mine.

I plan on applying to other state boards if I don't have any luck, since this is what I am committed to doing, but any other thoughts or suggestions? I agree that the policy does need to change, but in the meantime, any advice is appreciated.

jeff3852 · Apr 29, 2011

First of all CONGRATULATIONS :yeah: on your 3 year B-day for being sober. I commend you for getting the help you need and moving forward in such a positive way in your life. If I could recommend 1 thing is if the BON would document in writing that you came and spoke to them first about this matter prior to continuing with your education. Once again the BON is vague with their answers and seem to not consider the nursing student at all in this situation. Perhaps you can try other BON in other states other than CA and see what their response is. I wish you all of the best in your nursing career, in all of your future endeavors, and of course sobriety.

chris82 · Apr 29, 2011

I did go through the same thing but in another state. I did hire a lawyer but honestly you probably could do it your self. I would go and get a drug and alcohol evaluation to state that you have no dependency or abuse issues. Make sure you are familiar with the DSM IV on drug and alcohol issues. Get letters of reference from classmates,instructors, employers, etc. I know this can be embarrassing but in the end it will pay off! This process took me over a year. I am a nurse who after a year passed on my first attempt and I have a job! Fight it the nursing boards across the country need to change how they deal with people with criminal records. Seriously if they are not going to give you a license why even let people into the school in the first place! GOOD LUCK.

kzimmermann · Apr 30, 2011

Hi jeff3852 and chris82,

First off, thank you two so much for the support. Your kind words and suggestions mean a lot to me. Jeff3852, you're truly an inspiration to be an advocate for people in our situation.

Last night's birthday meeting was especially emotional, and I was so happy to be a part of it. I choked back tears during my speech.

I will definitely follow both of your suggestions: I'm going to document my attempt to get a declarative statement from the BON, and if all else fails, I can drive to the offices in Sacramento (it's only an hour away) and attempt to get some type of appointment. After I get out of class on the 25th, I'm going to devote time weekly to getting all my documentation together and amassing letters of recommendation. By the time I graduate 2 years from now I should have _something_ good.

Chris82, I'm so happy to hear that you got in! It's truly a beacon of hope for me.

Thank you both again, and any information I can find for those checking out this forum, you bet I'll post it.

Horseshoe, BSN, RN · May 3, 2011

I am faced with nearly the same exact situation. I had 2 DUI's nearly 16 and 17 years ago. I did a background check and so did the school and none of these turned up. Due to the fact of how old these 2 misdemeanors are I did not disclose them on the application. I took my test 2 weeks ago but received the letter in the mail today. There should be something in place where the school or the board (prior to taking 1 class) should give you the go ahead to obtain your license. I put my life, my families life, finances etc on hold for nearly 1 1/2 or school and now I may not get a license???? This system needs to change and I am also talking about the length of time we receive test results. It is absolutely ridiculous to have to wait a month to 2 months to find out if you passed.
The one thing I may suggest is to consult legal council on this and see if you have a legitimate complaint to overturn their decision. This is absolutely ridiculous and the Board needs to review the way they conduct business.

Jeff, I have to wonder if the problem you face is not the old DUI's but that, from the BON's perspective, you lied about them. Convictions don't just "disappear" because time goes by. They still have to be reported honestly. You haven't said that these convictions were "expunged," you only say that they happened a long time ago. A criminal record follows you for life. My understanding is that general background checks done for employment purposes may not show expunged convictions, but background checks done by licensing boards or government entities will reflect all arrests/convictions, even those ordered to be expunged.

I would definitely try to find out if the hold up is actually perceived dishonesty vs. the DUIs. With the proper remorse and a convincing argument that you misunderstood your convictions were not expunged, you might get somewhere.

octaviaM · May 12, 2011

First of all let me say I am very sorry for the loss of a family member. It is terrible and I agree that getting a DUI is a very serious thing. The school absolutely tells you that they do a background check. I had 2 DUI's that are nearly 16 and 17 years old. If I had any knowledge either by the BON or from my school that I would be denied a license then I would have chosen another vocation altogether. I no longer drink and have been sober for 14 years and I am an advocate against drunk driving.
There are current nurses that while they are holding a nursing license have had a DUI. The problem is that they are still able to practice. There is no uniformity, or standard rule on driving or criminal convictions that the BON uses. I am not faulting the BON for making sure nurses practice with honesty, integrity, and morality. I have a problem with spending 30K on an education I can't use. If I was told by either the BON or by my school that there was even a 2% chance I would not get a license then I should be made aware of that. The school originally told me that they would look at things such as fraud, embezzlement, felonies, drug possession/distribution charges.
The BON should have CLEAR GUIDELINES as to what they will accept and what they will not accept in terms of licensing. I am not in school to not get licensed and it seems that there are too many nursing students that are running into this problem lately. If they don't want to license nurses because of a DUI conviction then I have no problem with that. But they need to tell all the ones that are currently practicing with convictions that they can't practice anymore and that their license must be forfeited. I am asking for CLEAR, STANDARD GUIDELINES and not have the BON roll the dice with my future.

Jeff, you said you were going to get a lawyer... did he or she happen to tell you how it takes to hear from the attorney generals office? I received a letter from the board stating that they received my letter for the appeal hearing but I would be hearing from the attorney gen. office for future communication. It has been now over 3 weeks... I still can not believe the board denied my application after everything I went through! School, Blood IV cert, NCLEX and passed! Do you really think I should hire an attorney??