Denied NCLEX by CA BRN due to two DUI's-HELP!

Nurses Criminal

Published

Hi. I live in CA and recently recieved a letter from the BRN stating they are denying my application to take NCLEX due to 2 DUI's from 02 and 03. My case has been sent to the attorney generals office where they are going to take 3-4 months to make a statement of issues. Once I recieve this I can choose to appeal the decision or take a stipulated aggreement and be put on probation. I am confused about what to do.

I included all the necessary documents with my NCLEX app including letters of reference from teachers and people who know me. Plus copies of work evals and awards recieved during school. I am currently seeing an addiction specialist so that she may evaluate me and write a letter stating her findings. I met with an attorney who basically made me feel as if the smartest thing to do is take the aggreement. But if I do that I do not see how I could ever get a job? The attorney also said to go through an appeal I would have to pay for it and it could cost 10K. But the person at the attorney generals office said I dont have to pay for the appeal?? I am so confused and freaking out. I worked so hard for this, as you all know.:( If anyone has been through this or has any advise to give I would GREATLY apprectiate it. Thanks for reading.

Up Vote Up Vote ×

It seems like Cali is more strict than some states. I have 2 DUI's, but they are from 1991, so much older, and I got my license in Florida.

I wouldn't take the agreement or probationary status. If you do that, you may as well just choose another career because you won't get hired with any restrictions on your locense. If you pursue this, get a different lawyer and FIGHT.

Up Vote Up Vote ×

It looks as if I am on the same path as you except I had one prior DUI on my record. I guess I too should be expecting a letter denying my application. In regards to agreeing with the stipulations, I agree. If you take the agreement, how will you be able to find a job in California especially with the job market? It really doesn't make any sense to me. From the best of my knowledge, if you take the agreement, you cannot apply for a job outside of CA and you are on probation for 3 years. Someone I know just told me if you appeal, you should not have to pay. This is all the information I was able to gather within the past hour of researching. I'm on the same boat and worried that my application is going to get denied. The past two weeks i've been studying for the NCLEX, thinking my application would be approved after sending all requested documentation. It's discouraging to hear that it's close to impossible to get approved.

Up Vote Up Vote ×

I don't know what happened to my first post when I replied. But anyways, In my opinion it doesn't make any sense to accept the stipulation agreement in CA because it would be close to impossible to find a job with a restricted license. I am on the same boat as you, somewhat. I had a prior DUI in June of 2009 and I am going through the same path. I submitted my application with all the documents in November and I keep mailing them more papers and now awaiting a reply. I figured my application would get approved with everything I sent in and have been studying for the past 3 weeks for the NCLEX. Now I come to realize that most likely my application will be denied just like yours.

From what someone told me, if you agree to the stipulation agreement you will be on probation for 3 years and you will have to have a work evaluation every 6 months. That's if you even get hired in CA. But if you do appeal you should not be charged any fee. Please update us and me with any further news. I am thinking about giving up on studying until I hear back from the BRN. Good luck to you and I.

Up Vote Up Vote ×
Specializes in Psych.

In the same boat... Please keep us updated!

Up Vote Up Vote ×

Hearing this is disheartening. I have 2 DUIs in 2000 and 2002. I graduate in May and will be going through this process soon. My Dui's came from florida but im applying in CA. It was such a long time ago. Im married now with a kid and my life financial has been put on hold so I can go to school. The crazy thing is, I contacted the BRN in CA before I took my first pre-req and they said going through will show rehabilitation and the dui's will not be a problem. BTW my school said the same thing. Now I'm at the end and this BRN decides they want to get tougher with the app process. This sucks! should I just skip CA and apply in a different state?

Up Vote Up Vote ×
Specializes in Med-Surg, Oncology, Neurology, Rehab.

I will not give up so soon. Just pray you will always peace and direction, andIi will be praying for you all:)!

Up Vote Up Vote ×
Specializes in Psych.
Hearing this is disheartening. I have 2 DUIs in 2000 and 2002. I graduate in May and will be going through this process soon. My Dui's came from florida but im applying in CA. It was such a long time ago. Im married now with a kid and my life financial has been put on hold so I can go to school. The crazy thing is, I contacted the BRN in CA before I took my first pre-req and they said going through will show rehabilitation and the dui's will not be a problem. BTW my school said the same thing. Now I'm at the end and this BRN decides they want to get tougher with the app process. This sucks! should I just skip CA and apply in a different state?

I was advised by an attorney to apply for my licesnse and start my career in another state... I was told that it is much harder here in CA than any other state to get licensed with a criminal background, but I am married with children and cannot just up and leave. Given the sporifice job opportunities for new grad nurses here in CA, if I could, I WOULD move to another state...but for me, it is not so easy. Good luck to us all!

Up Vote Up Vote ×

Currently going through the same process (DUI from 2008 that was expunged 2011). Heard that this BRN is making it harder for even 1-time offenders because the previous BRN was seen as being too lenient.

Anyways, I haven't known the appeal hearing to be cost-free unless you were planning on representing yourself. Many lawyers who specialize in professional licensing issues charge per hour. Also, I heard that with appealing, you most likely won't be able to take the NCLEX and obtain your license without any restrictions, which the judge most likely will impose. Even if you decide to wait a year to reapply, you'll still experience the same roadblock of having restrictions. So the best and cost-effective way to be able to take the NCLEX seems to be stipulating, which sucks. I'm kinda discouraged right now and wish there was an alternative way but there doesn't seem to be one, especially one that isn't ridiculously expensive (at least for non-working students).

But good luck to everyone!

Up Vote Up Vote ×

wow! it seems like all of this should have been addressed when you first applied for nursing school. it doesn't seem very fair to let you complete the nursing program, just to be denied the nclex after you are done.

i think all you can do is wait for the attorney general's statement of issues and go from there.that your dui's happened 9-10 years ago is a plus. ca bon obviously has harsh policies but i think it's because they got into big trouble a few years back for not doing adequate back ground checks on their rn licensing applicants. i know that situation in ca caused changes to be made by the bon in my state, which is not ca.

don't assume that you will never get a job if you take the probation agreement. if you are honest with a potential employer and explain your situation and emphasize that this all happened 9-10 years ago and that you have worked hard to get your life on track ..there are employers out there who are understanding.

does the probation disappear from your rn license record once you successfully complete it?

Up Vote Up Vote ×

Hi, I have the same situation. I have a DUI, possession, and possession of narc for sale/transport. All occured in '01 & '02. I just graduated May '12. I was wondering how long it took the BRN to get back to you. It's only been a month but I am on pins & needles waiting. I also submitted everything I could to prove my rehabilitation (volunteer work, NSNA officer, reference letters, etc).

Up Vote Up Vote ×

Hi everyone,

I am currently taking my prereqs for nursing school here in California. But now I'm debating whether or not I should pursue a BSN. I have a midemeanor battery charge from when I was a juvenile (14). I recently got a livescan done to see what would show up, and my charge does come up. It has been 6 years since my arrest/charge and by the time I graduate nursing school it will have been 8 years. I thought that was a safe amount of time but after seeing your stories I'm not so sure.

I can't believe that the board is denying people over DUIs that are over 10 years old. That just seems so unfair to deny someone their career because of a mistake that was made so long ago. So many things have changed since then.

I really don't know what to do anymore. Should I take the chance? Or not....

Knufflebunny and everyone else, please keep us updated

Up Vote Up Vote ×
+ Add a Comment