File sent to management for review...is this good or bad?!

Nurses Criminal

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Hello all. I have graduated from my nursing program and applied for NCLEX with a criminal background. I sent in all of the required paperwork and the enforcement officer told me that my file "was sent to management for review due to the nature of my convictions." Now I have 5 previous misdemeanor convictions, all of which have been legally expunged. The last arrest I had was in 2011, so 7 years ago. Since then I was in a 6 month intensive rehab program and then a transitional living house. I provided letters from teachers, my employer, my sponsor, etc. I got my nursing assistant certificate through the state and have been working for over three years while going to school full time. None of my convictions were drug convictions or violent convictions...I did have 2 DUIs and some theft related charges due to drinking. Again, every one of my charges has been legally expunged, I have had no legal problems for over 7 years, and I have been working in a hospital with no issues for the past 3 years as a nursing assistant.

Does anyone have any experience with the BRN and their process for past convictions? Is it standard protocol that my file has been sent to management for review or am I screwed?

I just can't imagine pouring my life and soul into this for the past 6 years just to be denied the chance to sit for NCLEX.

Thank you for your input.

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Specializes in med surg.

I believe mine was forwarded to enforcement. And it does take time. Total for me was about 4 months to get a response.

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Thank you. I expected it would take extra time...I guess I just never really contemplated that with my charges being expunged the BRN could still deny me licensure.

I take it you were eventually granted ATT for NCLEX?

I just pray they allow me to sit for the NCLEX. I did all the work to clear my background and clean up my life. I have read from other people that they want charges expunged, and all of mine are, so I hope it's good enough. I sent in my certificate of completion of inpatient rehab along with a letter stating I lived in the transitional housing for a year and a half after completing the program and was the house manager of the transitional housing program. I received my nursing assistant certificate and work in a respected hospital in my area and sent letters from my employers and my work eval. I had a letter from another hospital that I had volunteered at while applying for nursing school and letters from my sponsor stating I have been sober for over six years and I work the steps and am active in my recovery. I had a letter from my boyfriend who works in recovery, too, and he talked about how I worked full time and went to school full time and how dedicated I have been throughout this process. I poured my heart out in my letter to them, as well. I hope they take everthing into account when they are looking at past convictions.

Fingers crossed!!!

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Specializes in med surg.

It sounds like you sent them everything they need. And yes getting it expunged was a good thing. I did get my ATT, took my test, passed and my unrestricted license posted 2 days later. My charges were very very old. I really hope they don't give you any type of probation. Best of luck to you and prayers!

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Specializes in PDN; Burn; Phone triage.

You'll probably be eligible for a stipulated license and whatever monitoring program CA offers. I think sometimes the CA BON will initially deny licensure but you can appeal stating that you'll agree to their 5 year monitoring contract and stipulations. You might try searching this site for CA monitoring program or sonething like that.

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Specializes in med surg.

I had a ugly record and didnt get any restrictions or probation, in cali so I really hope you don't either !

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Well the BRN denied my application for licensure. I cried for days. Totally heartbroken. 6 years I worked to get this nursing degree for them to say no, I'm not good enough. Anyways, after I got myself together, I found a lawyer and am appealing the decision. My lawyer said the CA BRN is notorious for this. There was a bill passed in 2015 which stated the BRN can't hold expunged charges against potential applicants, (Bill Text - AB-2396 Convictions: expungement: licenses), but they pretty much ignore it. He also said they most likely didn't look at any of the rehabilitation information I provided them. He said he sees it all the time. So now I get to spend $6000 minimum, $20,000 maximum to fight the BRN and get my license. The good news is, my lawyer said the worst case scenario he will accept is a license with reprimand with rule out attached. He said there is no reason any new graduate nurse should ever be accepting a probationary license for expunged or misdemeanor convictions that happened in their past. Just for everyone to know. Probationary licenses are for nurses who make mistakes while they are licensed. The BRN gets nurses to accept this when they appeal without a lawyer and then the new nurses are not able to fulfill the terms of this probationary status as a new nurse and they end up losing their license for good. So that's where I am at now. I sent in my appeal and the letter allowing me to take the NCLEX once. I am still waiting for the ATT so I can take the test. My lawyer requested a hearing within 90 days. I have everything to show my rehabilitation; live-in 6-month rehab, transitional housing for a year, I've been sober over 6 years. I'm a nursing assistant certified in CA, I've worked in healthcare in an acute care hospital for over 3 years, I completed all the terms of my probation, paid all fines, all of my charges were legally expunged. I have letters from everyone you can imagine. My fiance that I've been with for 5 years works in recovery, too, at a live-in rehab program for veterans. It's the same program he went through. We live together, so he's a great sober support. I mean, if the BRN can't see that I have changed my life around then I don't know what to say.

It's really disheartening to do all of this work to better your life and work hard to get an education just to have someone say no. I worked really hard to have my record expunged so I didn't have to worry when I apply for jobs about my past showing up. It's not easy to come back from the life I was living and become the person I am today. To have the BRN drag up my past and tell me that I am not good enough to be a nurse really hurts and I wish they would take a look at how they do their background process. I know they need to protect patients, but I was approved by the state to be a nursing assistant through this same live scan process....granted I can't give meds as a nursing assistant but I could sure as hell kill patients with my negligence if I'm such a menace to this industry. I'm a good person and an even better nurse and all the BRN has done with this process is make me feel ****** and doubt myself.

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Specializes in med surg.

Gosh I am so sorry, and I really hope your attorney helps. Its just crazy why they would approve me and deny you. You will get it. dont give up. I really think it all depends on who is reviewing your case, and if that person was having a bad day. I really feel for you I truly do, but I will pray you win your appeal.

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Thank you. I am starting to feel better about all of this stuff, finally. It was really hard, though. I mean I have worked on this for 6 years of my life. I don't have a back up plan. Nursing is all I want to do with my life and I honestly don't know what I will do if they say no. I know that the BRN needs to protect themselves and the field of nursing, but jeeze! Out of my 5 charges, only 2 of them even have court files available anymore because they are all so old and have been expunged.

I'm just going to do whatever I need to get my license and become the amazing nurse I know that I am.

I'll let you know how it turns out.

:)

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Hello all! Well it is one year later and your girl got herself an unrestricted, RN license with public reproval. It has been the hardest year of my life. I've spent over $15,000 and my anonymity has been taken from me, but I am going to be a nurse! They tried to offer me 3 years of probation with 20 stipulations the whole time until we finally went to court. The judge ruled in my favor and the BRN adopted it!

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