Published Oct 8, 2014
Carl Winslow
34 Posts
Hello, I'm going through the same nightmare as most of you. I have two OLD dui's from when I was 19 years old. I live in California. I plan on applying for my license in CA because my family and everyone I'm close to is here. I know the whole process already. I know I will be denied initially. I know I will have to get papers, documents, and evidence of rehabilitation, blah, blah, blah. My question is: when this nightmare is FINALLY over, will I have to go through this hellish process EVERY TIME I want to get a license in another state? If I receive an unrestricted license in CA for example, will I seriously have to appeal all over again when I apply to Texas? Oregon? Where ever? Hire ANOTHER lawyer? Wait ANOTHER 6 months to a year to get my license for every state I apply to? Or, is there some sort of process that basically says, "No he's already gone through this B.S. already."
I ask this because even though I want to initially get my license in CA, I may want to work as a traveling nurse. I am also a stellar student and would likely be an excellent candidate for some of the icu residency programs that exist in other states. My end goal is to go to CRNA school, and I do not know which program I will apply to. I do not want to be restricted to just CA. But I also do not have the money nor the patience to go through this AGAIN! Thanks!
NRSKarenRN, BSN, RN
10 Articles; 18,926 Posts
Confirming the news you don't want to here: when you apply for licensure in another state, most have question re criminal background. Some are not quite as strict as CA. See the FAQ at the top of this forum for how different states act re criminal HX.
brandygatlin2
3 Posts
I'm in Texas, going through the same battle! I would like to hear from some people that have a criminal background & have successfully conquered the eligibility process. Tell us the extent of your charges & outcome of it all. Please give us some hope!
From what I've gathered from others and the Texas BON, Texas seems to be waaaaaaay less strict on granting unrestricted licenses. For instance they do not require you to disclose expunged records, and any crimes committed at the age of 22 or younger are considered "youthful indiscretions". They also do not consider single DUI's as grounds for investigation.
If you don't mind me asking, what were you're charges, how recent, and how old were you? I know Texas may make you jump through some hoops as far as paperwork goes, but from what I've heard, after you give them all of your paper work and as long as the crimes were not serious or recent, they are usually pretty lenient. Also, for every BON, once you check a box that says you've been arrested or been charged etc etc, all of them pretty much immediately halt your application process.
your charges*
Thanks for your concern. All these unanswered questions are driving me crazy!
I was 22 when I got my 1st charge, deadly conduct in 2005. I was going thru a nasty divorce & my ex-husband said I tried to run him over w/my car, not at all true but I did not have money for legal counsel so I plead out, deferred adjudication. Never got into trouble again until 2010 when my now-husband was in prison & a gang member was threatening to hurt him unless he had someone bring marajuana into the prison for him. Well, I was the gullible sucker that agreed to do it. Turns out the gang member was trying to get his sentence reduced & only way to do that was to turn other inmates in that were doing something they shouldn't have been. My big heart got me a felony(only because the prison was a federal institution), Attempting to Provide A Prohibited Object to an Inmate. I received 3 years probation because I had little to no criminal history. Finished that a year ago, which brings us to now. I have gathered all the certified court records & letters of recommendation, & I am sending it all in hoping to get permission to take the NCLEX. I have only taken all my college pre-reqs because I do not want to waste my time or money on classes that will not lead me anywhere. So the declaratory order will determine my next step. What do you think?
Well, I really can't give you any legal advice, but in your situation, I would definitely get a lawyer. Have you contacted the Texas BON? They can't give you any definitive answer, because everything is done on a case by case basis, but they can give you some general info as to what would COMPLETELY prevent you from getting your license. I would call them and see what they say.
Your situation is a bit different than a misdemeanor someone got when they were 19 or 21 years old however. Yours were fairly recent and a felony. But, make no mistake, (and this is just me talking) but I think in time you can get some sort of license. Because of the severity and recency of your case however, it may be a stretch to get your unrestricted license. You may have to jump through some hoops and what not, but I believe you can probably get a restricted license at the very least. But, I digress, most nursing boards look for things such as rape, abuse, murder, sexual assault or narcotics addiction. If you can prove to them that your indiscretions did not relate to the nursing profession, you may be able to get an unrestricted. This is just my own two cents though. In either case, I would most certainly seek professional legal advice from an experienced licensing attorney.
Good luck, and I wish you the best!