Denied CA lvn license for 2 DUI's

DSkelton711 · Jun 11, 2011

I think background checks might depend on how far they go back and what reporting agency they use. Mine shows up for some and not others. DUI in my state is forever--is not even eligible for expungement.

kzimmermann · Jun 12, 2011

The background checks in CA require fingerprinting and FBI checks. When you're arrested for DUI (and I'm sure for everything else as well), you're assigned an FBI file as well.

As it's a federal agency, your arrests may not appear on national or even state searches, but all arrests will appear from the FBI records. My first DUI actually did not appear on any of my background checks, but these were not at the federal level.

Net, if you got fingerprinted you're in the FBI's system; when you submit fingerprints, any bookings will appear.

august82 · Jun 12, 2011

I too am facing some similar circumstances due to a DUI conviction. I have graduated from LVN school and have not submitted my application to the board. The following is not legal advise and is only provided as a result of my own research.

However I have done some extensive research on background checks for WA and CA state and want to share some information due to misconceptions regarding background checks. First and foremost stop assuming what is and what is not your background check. The same criminal background check records you give to the board is also legally available to YOU! Never base your background check from a internet company they are flawed and are restricted by federal and state laws. In other words internet search companies do not have access to criminal databases such as the FBI, CA DOJ, WA State Patrol,some court databases, etc... because revealing some of that information could potentially violate federal and state disclosure laws. Convictions,arrest and plea deals may not show up on internet checks but will remain indefinitely on your state and national (FBI) rap sheet unless you have a court order to remove them which in some cases can be done. So before you send in your application check your state and FBI rap sheet and check for errors because it can take months to fix. I too have called many attorneys and you should be careful to choose one that specializes in Administrative Law you can just hire anybody they must be skilled in dealing with Administrative law judges and board hearings. I hope some people with experience in the board hearing process can pitch in.

HerrGolf · Jun 16, 2011

Tiger747, you sound like a very bright person and honestly I think you can be successful in various careers, not just medical, since you've been having trouble because of record. Even with medical, moving away to a different state may solve a lot of problems. Smart people eventually figure things out and become successful, no matter how big are the barriers.

You DO live in Indiana. I happen to live in Ohio and Indiana is one of the few states I see being worse in terms of ridiculous discrimination against former criminals or negative judgement in general. Over here, I feel like everyone's been socialized by Jerry Springer and scrutinizes others in an effort to distract others from noticing their multitude of shortcomings. It's not this way on the East coast; most people have much more to think about. I know, also, that demand for nurses in high in the West. I intend to move to the Southwest part of the country to get away from humidity without having to pay for Cali real estate.

I am also in a similar boat as many of you with two DUIs in my past, some drug charges (but no convictions) and many other misdemeanors. I haven't yet finished nursing school, but despite my unenviable position, I am hoping for the best.

Best of luck,

Perry

tara2wvu · Jun 28, 2011

I have had 2 dui's as well, and was considering the lvn program here in CA, I guess now I will reconsider!! I was going to call the state boards, but now I am not sure what to do!! Did you ever get approved for your license?

Karl Farmer · Jul 4, 2011

AZ LPN, DUI 9/2010. In AZ you can 'volunteer' their program, or dispute it, then you have to follow their 'program', or lose the license. The 'program': Sign an affidavit admitting you are an addict; 4-6 weeks of inpatient rehab (unable to be employed for that time also); AA QD x 90 days, then 3x/wk for 3 months, and so on for 3 years with reports to the board; monthly psych eval to R/O active addiction; monthly reports from employer (several pages) for 3 years; routine medical exams to R/O signs of addiction; no alcohol for 3 years, with testing at random; and that's not the end of it. If you 'volunteer' it is 'non punitive'. If you don't 'volunteer', you cannot fail at any of the above, borderline impossible procedures (not to mention the impossible expenses), or the license is revoked. I had a CA LVN also, reported myself to them, six months later had a letter telling me 'In the future your license will be subject to revocation if you fail to behave professionally'. I still have that, and it shows as clear and active. But to repeat- I already had that CA license also. I gave up the AZ license, impossible to comply with the 'program', and am not even working in nursing anyway- and also, a 25 year work history without a complaint. So, people- it's a crap shoot. For the pious among the viewers- have a taste of this reality: IN USA there are 1.4 million DUIs every year, 250,000 just in CA. The law in AZ can have you arrested for ONE drink- that means EVERYONE leaving every eatery or bar is GUILTY, subject to the fluke of being in the wrong place. The law makers in AZ? LOTS of them have DUIs, and the main aide to the speaker last year got one, AND have two vials of cocaine that he was not charged with, since he said it was not his? Count your blessings if you EVER drink, and have not yet been busted for DUI- when it happens, the trauma will leave you breathless, and then maybe you will see the light of humanity? Anyway- I may never work in nursing again, but thought I'd tell my tale. The CA board told me they have criteria- first offense? multiple? on work, or off work? was anybody injured (since the role of nursing is to heal, not harm, and other I don't recall. Also- one last point- the staff working my case changed several times, I had multiple requests for the same information from different employees, etc. That will get worse as the budget gets worse. Good luck, people.

goetface · Jul 19, 2011

Hi, I thought since this conversation is recent I'd add to it my own situation. I just graduated in june, started the program in 2008, when i entered I had no criminal record. However, I am ashamed to say, In 2009 i got two duis one in feb one in nov, thankfully I hurt no one, caused no damage, and was not to high for my BAC, although I wasnt making good decisions. One can say once having gone through a DUI Depending on the situation, that it is truely a buisness, and its when you get one you notice just how many people are getting them EVERY DAY. This is not to say or downplay the seriousness of drinking while driving, as it is very serious, and many are innocently killed by this behavior. However, when we live in a society whos values are of a drinking nature, we have to wonder what cycle we are caught up in, in between the alcohol industry, the legal system, and a loop of profiteering, where ultimately we are ruined for life from it. Continuing onward, I just submitted my application, I had alot of support from my instructors and dean, they have truely demonstrated compassion and care. With my application, i submitted lots of detailed paper work from the courts, letters from instructors, work, counseling, and my own personal letter along with one from my dean. I've completed all court ordered rehab, gone to numerous AA's, did house arrest, been sober, sought counseling with a psychologist for a few sessions, and have been compliant. As soon as I find out down the road what happens ill update this thread, although ill say this much, the board isnt messing around with anything at this point from what im being told. I wish I could go back in time to undo what i did, although thank God its only affect me and no ones family except my own. Today, I do feel much more mature, much more enlightened, but also saddened having seen all these other similar situations, but I will never give up on my dream. I just wanna say to everyone else, never give up, but always be honest with yourself in getting your life straight, do what you gotta do to get on the right path and seek help.

Karl Farmer · Jul 19, 2011

DUI is not a business, it's a HUGE business. FACT: Because less thn 40% of DUI convicts get the court and MVD ordered breathalyzer installed, this week (bucking EVERY trend nationwide) AZ just cut the 12 month requirement to SIX months, hoping to get more people to comply (meaning MORE business for those companies that fund the crooked politicians). They also changed the jail sentence from '24 hours' to 'one day'- that means they will still charge you one day worth of jail costs, but will release you right after midnight. Clearly, this DUI stuff is about money, and not about anything else. They also did away with the choice of a trial by jury for misdemeanor DUI (so the state won't be paying to give you a trial!- their reasoning: "Since a DUI is a 'relatively minor' offense, they don't think a jury trial is warranted (regardless of the constitution)). At the same time, all cities and towns get 40% or more of their revenue from alcohol tax. You can see clearly that ssince people with DUI cannot and do not oay their fines, etc. that this state is looking for ways to 'entice them to'. The hypocrisy is what makes me sick.

kzimmermann · Jul 20, 2011

DUI is not a business, it's a HUGE business.

I never included this in my original post, but I wanted to highlight my situation here. I live in Napa. It's pretty interesting here, and all the old-time locals know every back road anywhere near a bar. There aren't as many as there used to be, as they've been substituted with fou-fou wine bars in the downtown area designed to attract tourists.

The interesting thing about this area is you can drive "up valley" along the main highway during the weekend and see a Lexus weaving all over the road and they'll never get pulled over. However, a Yugo with 6 immigrant Latinos who actually do the work to help make the wines will get pulled over in a second.

And it's really weird: Wine companies will have briefings where new products are tasted during work hours, and it's almost unheard of to do a luncheon in the industry _without_ bringing a bottle of wine, but if you get a DUI you're likely to be fired and one on your record will guarantee that you don't get a job with any of the major companies.

I'm not saying it to excuse anything as far as my mistakes are concerned, but it's just an odd culture here.

Oh -- and my (former) drug of choice? Red wine - any varietal.

goetface · Jul 20, 2011

I never included this in my original post, but I wanted to highlight my situation here. I live in Napa. It's pretty interesting here, and all the old-time locals know every back road anywhere near a bar. There aren't as many as there used to be, as they've been substituted with fou-fou wine bars in the downtown area designed to attract tourists.
The interesting thing about this area is you can drive "up valley" along the main highway during the weekend and see a Lexus weaving all over the road and they'll never get pulled over. However, a Yugo with 6 immigrant Latinos who actually do the work to help make the wines will get pulled over in a second.
And it's really weird: Wine companies will have briefings where new products are tasted during work hours, and it's almost unheard of to do a luncheon in the industry _without_ bringing a bottle of wine, but if you get a DUI you're likely to be fired and one on your record will guarantee that you don't get a job with any of the major companies.
I'm not saying it to excuse anything as far as my mistakes are concerned, but it's just an odd culture here.
Oh -- and my (former) drug of choice? Red wine - any varietal.

Lots of double standards, let me tell you. Tons of law enforcement with id say the exception of CHP because them guys are pretty honorable, get off on DUI's and tonnnns of other things. Big buisness indeed, and most people wont see it from the light until they are caught up in the system and you see it from another perspective. The way we deal with drinking and driving isnt effective in my opinion, and it is severely flawed given the cutlure of society we live in where major sectors of business are looking at you as cattle from the alcohol companys, to the lawyers, to the court system, law enforcement, jails, dui schools, etc. I still believe EVERY! care should have an interlock device PERIOD! if you need to wear a seatbelt, no chance should be given to allow anyone to drive, but that wont happen because money is to be made, and the legal system really doesnt care what innocent person is at risk or dies due to a drunk driver.

kzimmermann · Jul 21, 2011

...I still believe EVERY! care [sic] should have an interlock device PERIOD! if you need to wear a seatbelt, no chance should be given to allow anyone to drive...

I haven't even thought about that, but that's a great idea. However, then you get into the territory of Civil Rights and I'm kind of fuzzy on ACLU practices. If you have an interlock device and blow over a certain amount (I think it's 0.04), the car will not start. Makes you think that it would be wise to have that a requirement. Also, with the heavy blowing & inhaling, it sure helps your lung health! :)

Non-sequitur: I used to have a Ford Escort way back when that had the automatic shoulder belt that went into position when you started the car. I remember getting a pretty good discount on my insurance too. I wonder why I haven't seen it since?

Back on topic: I am moving soon for school and am going to the court next week to see what paperwork I can get. Even though the NCLEX is over a year away, I can't be prepared too soon. I think I'm going to make a small bound booklet. So, my question out there to those who've been through this is, "How did you present your documents to the BON? Any suggestions?". Any ideas are more than welcome, of course.

goetface · Jul 22, 2011

I haven't even thought about that, but that's a great idea. However, then you get into the territory of Civil Rights and I'm kind of fuzzy on ACLU practices. If you have an interlock device and blow over a certain amount (I think it's 0.04), the car will not start. Makes you think that it would be wise to have that a requirement. Also, with the heavy blowing & inhaling, it sure helps your lung health! :)
Non-sequitur: I used to have a Ford Escort way back when that had the automatic shoulder belt that went into position when you started the car. I remember getting a pretty good discount on my insurance too. I wonder why I haven't seen it since?
Back on topic: I am moving soon for school and am going to the court next week to see what paperwork I can get. Even though the NCLEX is over a year away, I can't be prepared too soon. I think I'm going to make a small bound booklet. So, my question out there to those who've been through this is, "How did you present your documents to the BON? Any suggestions?". Any ideas are more than welcome, of course.

I had alot of help from my dean and instructors who have guided me, and helped me in this process alot, its different for them when they see what kinda person I really am even though i have had issues with such things in my past. If your dean can see you as truely a person who will go out there and that you are someone that should sincerely be out there due to your honesty,compassion, and patience, and love for nursing, and if your instructors have seen that throughout clinicals, you should get their help. Ask them to write letters for you if they wish, get your dean to do the same, write yourself a letter of remorse, that letter should include excuses at all for what you did, talk about where you were, where your at and your goals for the future, and talk about what sort of rehabiliation you have personally sought and continue to seek. Make sure within your own heart, for the lives of people on the street, for yourself, your family, and your children, that you quit drinking and driving, and if alcohol is just a problem pursue sobriety, and NEVER give up.