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

knufflebunny · Jun 25, 2012

Can you have your record sealed? I don't know much about juvenile records. I though livescan doesn't pull those up. I had my charges expunged but my felonies will never go away. I was 20 when they occurred. Only private employers won't be able to see them. I have a friend in the nursing program that had a battery charge when she was underage and she was approved to take the boards. She said that she had hers expunged/sealed so maybe that made the difference. You should look into that.

bpowers5211 · Jun 28, 2012

I would enter into a stipulated agreement with them. If you chose to have a formal hearing the outcome would be the same (probationary license). In my case, I had one DUI and chose to enter into a stipulated agreement. After providing them with solid documentation (letters from employers, addictionologist stating I don't have a problem, and nursing instructors) I was given an unrestricted license. DON'T hire an attorney. They will not be able to help you against the BRN and they will charge you out the @ss. Just be honest and get your cards lined up. You will be given some sort of a license and if you do have to get a probationary at least you will be able work. Also, after 6 months you can apply to have your probationary license converted to an unrestricted.

tiredmommy · Jul 1, 2012

I'm in the process of getting it sealed and it should be sealed long before I apply to take the nclex. But even when it is sealed it will still show up, the only difference is it will say next to the charge that it is "sealed", but it will also never go away.

However, that makes me feel a lot better that your friend was approved to take the exam with a juvenile battery charge. Was she in California? Because I have also heard that California's BRN is a lot stricter on records than most other states.

Thank you so much for your input :)

KukoRoKuko · Jul 3, 2012

I'm on the same situation as you. I have a DUI case but reduced to wet reckless last 2010. I claimed on my application that I have a misdemeanor and I was asked to submit court documents regarding the incident, time, location and nature of the offense. It took more than a month but I received confirmation that I'm eligible to apply. I turned in all my requirements and I'm not having any problems regarding their approval. I'm not sure if reduction of my case to wet reckless made a difference, but I hope my situation could give you anything to help. Good luck.

Norahkc · Jul 3, 2012

I graduated in California in May 2012 with DUIs on my record (2000 & 2007) and have not yet heard back from the BRN. While all my classmates are all sitting for the exam, I am studying for the test without knowing I am able to take the test.

I too called the BRN before taking my prereqs and asked them if I could sit for the exam in the end and they told me that they consider 2 years to be rehabilitated and DUIs are really not what they are looking for. They said they are really looking for any violence or current problems with drugs/alcohol.

Also, to make matters even more confusing a girl in my graduating class had a DUI while in the program and she was one of the FIRST in the class to be approved to take the test. She currently has to blow in her car to start it!! I am truly happy for her, but at the same time, I am hurt that I haven't received my eligibility letter. My application has been in final review with the BRN since May 29th. To what is supposed to be a happy time with graduating is a stressful and anxiety-riden time in my life.

Does anybody know how long it will take, if they deny me, to be able to take the boards exam? I would have to accept their stipulated agreement after it is passed onto the attorney general? I know I have an option to wait another year to reapply, but I don't want to do that. I am just afraid by the time I am able to take the exam it will be much harder because of the time I had to wait.

Is the consensus to not get a nurse attorney on this?

Appreciated~

CK187 · Jul 31, 2012

I am going the through the same thing. 2 DUIs, applied for NCLEX in may 2012 and am waiting for the letter denying me. California is a terrible place. Of course I called the board BEFORE I went to nursing school and asked if I would be able to take the exam. They said "I don't know, maybe" that was they're answer! I thought nurses were supossed to be compassionate. My advice to you is to apply in another state. I applied in Hawaii as a back up and they were wonderful. Not only did they actually talk to me, but they talked to me as if I was a human being. The only problem is living on an island in the middle of the ocean. But that's the price I have to pay for driving with a BAC of .08 when I was in high school. I will suffer from it til the day I die. And when I die, certain grave sites will probably deny my family from allowing then to burry me there because of my horrible criminal history. That wouldn't surprise me

dinguino · Aug 14, 2012

Hi I am currently a RN going through the probation process for a DUI in Califonia. First do not get a lawyer for this. It is a waste of money. You are not dealing with judicial law you are dealing with the BRN and Dept of Consumer Affairs. They have black and white punishments. If you have a DUI you will be placed on 3 years probation. You will have to attend weekly AA meetings and random alcohol and drug screenings usaully 3x month at a cost of 90.00 a piece. They will make you jump through several other hoops as well. I got a lawyer and tried to fight the whole thing. I wated 4k and ended up with the same thing as everyone else. Keep in mind too the board moves very slow. I got my DUI in 2008 and started probation in 2010. My advise to and new grads is NOT to get a license in Ca. If you get a license in Ca you will be placed on 3 years probation and you will most likely not get a job. I see it all the time. I would go to Nevada or Arizona. If you get a license in Ca and get placed on probation other states will be most likely to deny you or place you on probation as well, but if you aplly to another state first you will most likely just get your license and can start working immediately. Ca is the most strict state period. If you have any questions I can help you out w let me know.

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.

javigarcia · Aug 15, 2012

Hi dinguino I read your post and it applies to something that I am going through. I am currently a nursing student that will graduate school December 2013 in California. I received a dui that has been expunged. I was planning on going out of state and applying for an RN license in Arizona or Texas as someone has told me in the past that California is one of the strictest states when it comes to dui. If I go to Arizona do you know if I will be able to come back to California ever? Thanks!

javigarcia · Aug 16, 2012

A friend of mine recently got denied to sit for the NCLEX in California. She was disappointed and filed to sit in Nevada. She is taking NCLEX next month.

PMHNP2023, RN · Aug 20, 2012

I didn't realize you were able to apply to take the NCLEX through more than one state? Or if you get denied in one state, then you can apply in another state? Didn't the CA denial make it hard for NV to approve? That's what user dinguino is saying.

DavidKarl · Mar 18, 2013

I am in AZ. If you try to apply for licensure here with a DUI, you are going to go through a hellish experience, and won't be sure until the end if you will get a license. From my personal experience of 25 years without a blemish, or even any traffic violations, my misdemeanor DUI cost me license. To keep it, the program is:

*4-6 weeks of INPATIENT rehba, based upon THEIR addiction assessment, that YOU pay for.

*Sign an affidavit to swear that you 'are an addict'.

*AA 3x/weeek for 90 days, then 2x/week for a year- with written prooof from a fellow attendee that you did attend, sent to BON

*No alcohol for 3 years with random testing thais about $100 a pop

*Monthly physician and psych evals to determine whether you are impaired

*Your employer must submit 3 monthsly forms, for 3 years- attendance records, work evaluation- is their indication of drug use, and missing drugs at work, etc. (IF you can get a job or keep the one you had)

*The list goes on and on.

Did I mention that I have been a nurse for 25 years, in 3 states, never a complaint, and with a prior clear MVR?

Good luck to you all.

er_life88 · May 16, 2014

Norahkc and tulip12,

what was your outcomes? I have 2 duis and was recently denied licensure. I signed a waiver to take nclex next month but they are not releasing results until everything gets settled. I turned in my appeal last month.