Denied CA lvn license for 2 DUI's

PMHNP2023, RN · Jul 22, 2011

I have graduated nursing school, taken and passed my NCLEX, and now the board will not give me my license until they investigate a misdemeanor that was in 1996... I provided Court documentation of the expungment and they said it was not good enough, that they want the court minutes! I wasted 18 months of my life, time, my husband supportn.g me while in school, not to mention $29,300. in student loans. I am even the Class Valedictorian! Me and my family are devastated...I should not have to continue to pay for a mistake 2 decades ago... but I guess this is the Boards way of making our family suffer...so now I have nothing...

It would be really helpful if people who post mention what state they are from!

samirish · Jul 22, 2011

Just wondering if you guys could give us a update on if the board finally gave you your license? I wish you all the best and hope your past mistakes don't haunt you forever. I just dont think thats right. My husband is in law enforcement and I'm sad to say, I know for a FACT, certain people get off with a warning and no DUI.

Nobody should be drinking and driving but the double standard is really ridiculous.

octaviaM · Jul 27, 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?

I am still waiting for the appeal date. I sent off a letter stating I wanted to appeal and they sent one back saying that I will be hearing from the Attorney's General Office with a date. So far... since April 2011 I am still waiting. They said it can take up to a year. As far as your 2 Dui's, I think it depends how far apart they are, misdeameanors? I have two, both misdemeanors one from 2001 and the other 2008. I think if you want to be a nurse go ahead, but just know what is ahead of you. I have been told many times that if show remorse, letters from teachers ect., and rehab ect during the appeal that our chances are high to get a probationary license. I guess it just depends if this is truly what you want to do with your career.

octaviaM · Jul 27, 2011

Just wondering if you guys could give us a update on if the board finally gave you your license? I wish you all the best and hope your past mistakes don't haunt you forever. I just dont think thats right. My husband is in law enforcement and I'm sad to say, I know for a FACT, certain people get off with a warning and no DUI.
Nobody should be drinking and driving but the double standard is really ridiculous.

I am still waiting for my appeal date. I was notified this past April 2011 that Attorney General office will notifying me, but still has not. I called and they said the date could take up to a year. Very discouraging, because after one year you can re-apply for your license again, however they may still deny it again without going through the appeal process. I am in CA if that helps.

calmom · Aug 6, 2011

I am wondering if anyone has been granted their lvn license (California) with 2 dui's and how did they do it? My son just graduated from a private tech school and did very well. He had 2 prior dui's from when he was younger but the school said that wouldn't be a problem. He is now waiting for police records to send to the Board but is being told there is no way they will give him a license. He is absolutely crushed. He wanted to be a nurse so badly. Now he is in big debt, no job and we (his family) are so sad. I am angry the tech school just took his money and didn't warn him this could happen. I feel like helping him get a lawyer and sueing the darn school. He feels like going into the army. What can we do? Please, anyone thinking of going into the nursing field-beware!! Mistakes you make in life can follow you forever. Don't take it for granted that just because a school accepts you (they want your money!) that their word is true. Research!!

Karl Farmer · Aug 6, 2011

If he joins the Army (if he can with two DUIs), he can be a 91-C (advanced medical specialist, military equivalent of LVN), which is a nice gig. CA BON told me they look at priors, and whether or not anybody was injured as a result of the DUI. They either give a reprimand (to license holders), or provisional license which requires massive costs associated with alcohol education, counseling, and etc., or revoke or deny a license. I have a license, have DUI 2010 with no damage or injury, and was sent a warning letter. But lots of people in here have been denied or revoked. The BON is it's own entity, without recourse, actually. It's a crap shoot.

Tiger747 · Aug 7, 2011

Calmom, what you say is very true. What many do not understand is that it is actually a blessing in disguise to be denied a license as opposed to being granted a probationary license. A probationary license is worse in that it gives the holder a false hope of being able to be a nurse, and is therefore reluctant to quit trying, when, in fact, they probably should abandon hope. That is where I am at. I have a probationary license due to a misdemeanor from 2001 that I was not even convicted of, and 11 months and 400 resumes later, still no job. My family says I cannot give up, but in my heart of hearts I know it is over.

My point is that your son at least holds no false hopes. Best wishes to you.

Karl Farmer · Aug 8, 2011

That's my goal, with my repeated posting about the reality of the situation, to maybe let somebody see the light? It is more disheartening, for me, to see all these people with false hope, than to see those who have lost or been denied a license, since the latter is closure, while the former is akin to a festering wound, that keeps reopening...like a cancer, if you will, that resurfaces. The reality is nasty, fact. There has got to be a way to prevent all of those nursing schools from giving false hope, lies even, and allowing so many people to go to those programs, knowing full well they will not get a license if they have a record. That itself is criminal.

PMHNP2023, RN · Aug 9, 2011

One thing that helps is getting the convictions expunged. It's just a simple piece of paper saying the charge has been dismissed, but for some reason hospitals treat that paper like gold. I was held up for a job in a hospital due to my background check. I faxed them my expungement paperwork from the court. Within 30 minutes the hospital called me back and told me I was cleared.

Tiger747 · Aug 9, 2011

Extremely well put, Karl. "A festering wound." That does sum it up. What makes it so bad is that friends and family will always speak to you in platitudes like "don't give up", when, in fact, that is exactly what you need to do. So you are torn between your gut instinct and wanting to not let anyone down.

samirish · Aug 9, 2011

Calmom, what you say is very true. What many do not understand is that it is actually a blessing in disguise to be denied a license as opposed to being granted a probationary license. A probationary license is worse in that it gives the holder a false hope of being able to be a nurse, and is therefore reluctant to quit trying, when, in fact, they probably should abandon hope. That is where I am at. I have a probationary license due to a misdemeanor from 2001 that I was not even convicted of, and 11 months and 400 resumes later, still no job. My family says I cannot give up, but in my heart of hearts I know it is over.
My point is that your son at least holds no false hopes. Best wishes to you.

I feel for you Tiger. I just think that's insane to deny you a regular license from something you weren't EVEN convicted of from 2001. That just seems extreme on the part of the BON. Was the incident of a violent nature? If you don't want to say that's okay but one can't help but wonder why the board would be so unfair in this case. At any rate, don't give up and get yourself a lawyer. Your chances of having a positive outcome with your dealings with the board dramatically improve if you have legal representation.

I understand the need to protect the public and the reason the BON exists. However, they really need to have clearer definitions regarding what their policy's are. It just isn't right to let someone spend years going to school and thousands of dollars on top of that (especially for middle age career changers), just to be told you will not be getting a employable license. If they want to stick to their licensing mantra of "it depends of the individual case" then fine, let people submit their back round checks and court documents BEFORE entering nursing school so they will know up front if they will be getting a license or not.

Karl Farmer · Aug 9, 2011

One thing that helps is getting the convictions expunged. It's just a simple piece of paper saying the charge has been dismissed, but for some reason hospitals treat that paper like gold. I was held up for a job in a hospital due to my background check. I faxed them my expungement paperwork from the court. Within 30 minutes the hospital called me back and told me I was cleared.

The fact that you mention they consider an expungement 'gold' leads me to ask: If it were truly expunged, how did the hospital know about the offense in the first place? Anyway, regardless, you have to mention any expunged offense to the BON. It's a moot point, in my view.