Help getting my state BON to respond to me!

Nurses General Nursing

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Hey guys,

I'm in a predicament. My state BON (california) Will not answer my inquiries regarding whether I can get licenesed or not because of my criminal record. :uhoh3: Long story short they don't respond via any method which holds them accountable for what they say (email or snail mail) and when I call to ask why, the person tells me they are too busy with other stuff. However, when I ask my question over the phone, the staff is more than willing to help, but their answers will conflict with each other (one person will tell me no, another will tell me yes)

Quite frankly I need an written answer to my question so that so that I know it is accurate and I won't waste a significant amount of time and money in school and then be denied licensure. Is there any way for me to force this unhelpful BON to give me an answer within a reasonable timeframe? I hate to do it but I am considering hiring a lawyer to send them a letter if that will help (I doubt it, but maybe the lawyer knows of some legal measure that requires this agency to answer inquiries of my nature?)

Thank you!

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Oh and mods, PLEASE don't lock this thread and post the "criminal record response"! This thread is not asking legal advice regarding my criminal record!

Thanks

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If you look at the BON website about criminal history, it tells you that each case is examined individually. The only sure-fire way you will get an answer is to go through school and apply for a license. Sorry, but them's the way it is. And yes, I'm in CA.

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presuming you are a californian, try your state rep..... i found mine helpful in dealing with my BON....good luck

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My situation is a bit complicated Tazzi. I don't want to get into too much detail because then this will turn into a criminal record advice thread, but the jist is that my record is a juvenile one and I am trying to figure out whether the board can even consider it or not.

Here is what other agencies have said in writing:

The DHS (who licenses CNAs) said they do.

The LVN board said they do NOT (under any circumstances)

The RN board has given me the problem mentioned above.

So you see this is not a matter of discretion, it is rather black and white (even if they can consider "certain" juvenile offenses and not others, I would like to hear this.)

presuming you are a californian, try your state rep..... i found mine helpful in dealing with my BON....good luck

Thanks Morte! I've never contacted my state rep before, what did you say to him?

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http://www.rn.ca.gov/lic/lic-dispinfo.htm#1

This states that ALL convictions have to be reported, it does not differentiate between adult or juvenile records. If I were in your shoes I would report it, along with the paperwork required. Time since conviction and lack of arrests since then will be in your favor.

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Specializes in Maternal - Child Health.

Have you considered consulting with a nurse-attorney, or an attorney who deals specifically with licensing/employment law? Perhaps having an attorney write a letter requesting a BON opinion on your situation would expedite things.

Good luck to you!

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Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

Since this is such an important matter and you are not getting clear objective answers I would first call and see if they will see you in person instead of over the phone for such a critical issue.

If this is not an option then have an attorney (who has experience with the nursing board) write a letter of inquiry on your behalf giving as much detail as possible. Of course I mean in the spirit obtaining the needed information and not a letter that is in any other tone.

These may be methods to show your sincerity and seriousness of your intentions and professional goals.

To go thru 2/4 years of training to only then find out this is a blocked road seems expensive unfair and would be very frustrating.

I sincerely wish you all the best.

Marc

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I think hiring an attorney to inquire on your behalf makes the most sense if you are not getting anywhere on your own. If you cannot obtain a license because of your juvenile record hiring an attorney and finding out now will be much less expensive than paying 2-4 years tuition for a degree you won't be able to use.

Good luck.

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I'd think hiring an attorney would be unnecessary. You're simply looking for a written answer to a question that should be in black and white.

If the BON is as swamped with work as I've heard, it may take time. And I don't know that a lawyer would get a faster answer (or would they?) They might be more persistant, but you could be too.It seems pricey for what you need.

I like the idea of making an appointment and seeing someone in person. Is this possible? Or would any of the 'phone replies be willing to submit the answer in writing?

Also, whether juvenile or adult, wouldn't the same basic rules apply? Here, in the northeast, if you've maintained a clean record for 5 years you'd be eligible, short of murder, I think!! Once you tell them about your record, they may want a copy of it. Your BON should have some info on their site about criminal records.

Another thing to think of is having your record sealed.Especially if it's a juvenile record. If sealed, you could legally answer the question,"have you ever been arrested?" as no. Again, you have to have maintained a clear record for so many years, and the form is available from the probation department.

This happened to a friend of mine in nursing school, and she never even thought about it until just before graduation! She did get a response in enough time to sit for the boards, and supplied some references and details about her record.She literally waited until the last minute, and we were all so worried for her! There was a possibility of an interview with them as well, but the documentation satisfied them and was done in a timely manner. We are still in contact and she eventually did have her record sealed, allowing her to pass a corey check with a clean slate. Good luck!

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Another thing to think of is having your record sealed.Especially if it's a juvenile record. If sealed, you could legally answer the question,"have you ever been arrested?" as no. Again, you have to have maintained a clear record for so many years, and the form is available from the probation department.

Actually, the CA BON site specifically states that even a conviction history that's been sealed has to be 'fessed up to. The question here is, does a juvenile record need to be revealed? That part isn't made clear on the site, but it does say that ALL convictions have to be revealed.

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Thanks Morte! I've never contacted my state rep before, what did you say to him?

hmmm i should have been clearer in my response,,, wasnt for the same reason.....but i would try it anyway......no need to go into detail, the "class" of the offense probably would be needed.....and then have the rep contact the board....and tell her/him that you need it IN WRITTING, ...I thought juvi records were sealed? but i am not from your state.....good luck

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