DUI before nursing school LVN, exemption with social services

[donnie123]

Here's my story that I wanted to put out there, just in case it helps other fellow nurses and to see if anyone has some feedback for me.

Got arrested for DUI (my biggest regret) in January 2008 in San Jose, CA.

No harm to anyone else or property. Police did not tow my car (would've had to pay a whole lot more).

Convicted of DUI in court in March 2008.

Didn't get a lawyer since I didn't have any money and didn't know if I could even get out of this misdemeanor.

Paid about $1800 as ordered by the judge, another $500-$600 for the First Offender 3 month DUI program, another $100-$200 for weekend work furlow (raking leaves and picking up trash).

Had to complete 3 years probation period, restricted license for 1 year, car insurance cost went up.

Had my record expunged maybe a year before I started LVN program in 2011.

Graduated LVN program at end of 2012.

So here was my first big problem.

Any type of conviction (except before you're 18 years old, I believe) has to be written on NCLEX application that school sends out so you can take NCLEX. I submitted the info requested (copy of court documents, copy of police reports, written statement). I do not recall the application stating that the court documents and police reports needed to be "certified," but maybe I overlooked it. So of course this delayed me taking the NCLEX. A couple months passed and BVNPT sent me a letter saying I can't take NCLEX until I send them CERTIFIED documents.

I went back to the San Jose court house and they told me they do NOT certify police reports because they only have copies and that BVNPT knows this. So the worker says he can stamp that the packet of documents is certified but not the police report individually. I mailed out the certified packet of my documents.

A month passes by again and BVNPT sends me the same exact letter, saying my police report needs to be certified. I go back to the court house and ask them again. The worker tells me to try to contact BVNPT and give them the court house record's phone number to speak with them. When I finally got to talk to someone at BVNPT it was through email. They told me to try to go to the police department and not the court. All I found out was that SJPD will NOT give out certified police reports unless it is to an authorized person/agency. I emailed BVNPT again and told them what was going on and they finally believed me! The lady said that certain police departments don't give certified police reports to the convicted individual. I didn't understand why... isn't it just a stamp on the paper that says certified? Why is that so hard to do? The lady says she will contact SJPD directly. I just thought this was really insane. Am I the only one in San Jose, California that has a record?? How come BVNPT doesn't know this is the process already for San Jose?

Finally after another couple months of waiting (ughhh) to take NCLEX, I get my ATT number in email 1 week before the snail mail ATT came in. I had graduated Dec 2012 and got the ATT in April. Passed NCLEX and was granted an unrestricted LVN license and thought I would have nothing more to worry about, concerning my expunged conviction. Wrong!

Here's the second big problem.

Apparently the Department of Social Services in California has a new rule for anyone that is applying for a job in nursing homes/adult residential facilities. It is almost the same as the process for BVNPT. I applied for an assisted living facility and I was aware that my expunged dui still causes a "hit" on a livescan/background/fingerprinting that most places require. The "hit" supposedly does not reveal any info about what the conviction is, but still it informs Social Services that my background is not clean and they sent me a letter a month later saying I need to turn in the same info I mailed to BVNPT, but with 3 professional character reference sheets.

Well the job that I was fingerprinted for can apply for an exemption for me to work for them, or I can apply on my own. Had to apply on my own because this job was not going to wait up longer than 2 weeks for me. The position needed to be filled quickly.

The process is said to take 75 days or more depending on the analysts workload. It has been almost 120 days now. The analyst assigned to my case does not ever call me back. I've left more than 3 voice mails. The operator said to just keep waiting and I'll be notified by mail if my exemption is granted. Who decided that DUIs fit into the category of drug dealers, child molesters and other psychotic people? I did not kill anyone with my car, did not do any damage. I know it was extremely irresponsible, I deeply regret it, and it could've ended dangerously, but I'm not a bad person.

I am still waiting for my exemption to be granted (clearance to be posted) and I'm about to lose the 2 jobs that wanted to hire me.

Does anyone happen to know how many years the background/fingerprinting checks?

Is it the last 7 years or the last 10 years?

[WookieeRN, BSN, MSN, RN]

It's my understanding that criminal background checks are NOT like credit checks. Charges and convictions do not "fall off" depending on the background check. We do FBI background checks that list EVERYTHING EVER. However, I think most employers only go back 7 years, if that helps.

I seem to remember we had an applicant that was 32 who committed some crime (can't remember off the top of my head) at 18 and it still popped up.

Maybe someone else with a little more experience in this area might be able to help you better, but this has been my experience.

[Klor]

I'm sorry but what link/website did you use to apply for the exemption? Thank you.