How to get the BON to talk to me about misdmeanor?

RockinChick66 · Apr 26, 2011

Wow. I sure wouldn't want to complete all that schooling and not know for sure if you'll be eligible to sit for the NCLEX. Some states have a process where the BON determines on a case by case basis on ones eligibility to sit for the NCLEX. In Texas, it's called a declaratory order. It's about a 4-6 month process where a person has to fill out an application, supply court documents and all supporting documentation and a letter from the applicant describing details of the crime and/or of they changed their life around. I would inquire a little more if I were you. Good luck.

Trauma Columnist · Apr 26, 2011

I would contact an administrative lawyer who has experience with the BON in your state.

While the board might not give you the info, a lawyer with some experience can provide better advice.

carrie_c · Apr 27, 2011

I think this is very normal. I am in Tennessee, and the BON here is the same way. I called and talked to someone and all she could tell me was my convictions 'shouldn't' keep me from getting a license, but she couldn't tell me for sure. She said the same thing, they just have to review it on a case by case basis after completing school. The dean at my school said the same thing. I don't think it's right. There should be more clear cut rules. I am about to graduate, and I have no idea if I will even be able to get my license. It really takes the excitement out of graduating. Everyone also keeps saying find a lawyer who specializes in this type of thing, but I can't find one, at least not any close to me. My advice is to just go to school and see what happens. That's what I decided to do. It's a big risk, but if you don't try you will never know. Good luck.

grownuprosie · Apr 27, 2011

Thanks Carrie_c! that is what i think i am going to do. Did your convictions stop you from clinical at all? Did you have to make special arrangements?

FLmomof5 · Apr 27, 2011

@Rose,

I had 3 misdemeanors in SC and applied for a FL license. No delay. No hassle. Got my license 2 days after I took NCLEX. I really wouldn't worry so much. Give your explanation and show that after XX years, you haven't had a repeat...learned your lesson...etc.

carrie_c · Apr 27, 2011

No, my convictions didn't keep me from cinicals because the background check the school did didn't show anything. My school's background check only checked for convictions within 5 years, mine had been longer than that, so I got lucky and didn't have a problem with clinicals.

ChristianBranson · May 25, 2011

Carrie- I live in TN as well and am freaking out on my end. I'm unclear what your charges were; however, mine are pretty serious. Fortunately, they are from nearly 10 years ago and both of which I can explain to the BON. I called them yesterday and spoke to a representative who told me basically the same thing you've already stated. Unfortunately, this is acceptable I feel because we're talking a lot of time and money. I'm curious to know what school you attend and where in TN you live. I'm attending RSCC and live in Knoxville. I'm going to contact a few friends that are attorneys to see if there is anything I can do, as 3 of the charges on my record were supposed to have been dropped and expunged. It's only after running a background check on myself that I have found them to still be an issue. I talked to the school yesterday and the Dean explained that things should be okay since they are so old provided I include explanatory letters for each offense. She said that as long as I can get into doing my clinicals, I should be okay and that she's not heard of any graduates having issues with the board, yet it seems like such a HUGE risk considering the time and money invested. Either way, neither she nor the board could give a definite as to whether one could or couldn't get a license given the charges. As things are now, I am intending to get certified court orders from the courts and explanatory letters together to send to the board via certified letter in effort to request them to do a declaratory order about my license eligibility.

P.S. If I may ask, what were your charges? I have 2 arrests on my record. The first was domestic violence. This charge was supposed to be expunged; however, it is appearing on my TBI report. It stems from a fight I had with my ex at the age of 22. It's important to note that he and I both were physical with one another in this incident, yet I was arrested because I was deemed the bigger aggressor in the incident. By time I would apply for my license, I'll be 38. The 2nd arrest was in 2002. I have 3 charges as a result of that arrest (2 of which were supposed to be expunged because they were dismissed). In that arrest, I was charged with DUI, Driving on a suspended license, and vehicular assault. All of these charges, in my opinion, would be considered extremely bad when viewed on paper, yet when I explain what happened to people, they often feel for me that I was arrested to begin with. By the time I would apply to the BON for licensure, all of these charges will be well over 10 years old. My concern at this point is whether it is even possible to get the BON to declare your eligibility for a license, or do they have a right to withhold this information from you until after you've spent thousands of dollars and several years trying to become an RN? Anyone have any luck with declaratory orders in TN or other southern States?

carrie_c · May 27, 2011

ChristianBranson, I am in Cleveland, TN and I just graduated from Cleveland State Community College. I have 2 convictions from 2004, one is for shoplifting and the other is for passing a bad check. These were both misdemenors, but when I ran a TBI background check on myself, the bad check charge was showing as a felony. I had to go through so much crap to get it fixed. If one of your charges was supposed to be expunged, you should call the TBI and get them to fix it. It's bad enough to have convictions, let along have them listed as worse than they were.

I just graduated a few weeks ago and I'm waiting to get my authorization to test from the board. But even when I pass the NCLEX, I still have no idea if they will give me my license. I had to get certified copys of the warrants and judgements, proof that I had paid all fines and completed probation. I also had to write a letter explaining the convictions. The dean at my school said that the board will let me test, but still may deny the license. She said it's on a case by case basis, and that I may even have to go appear before the board. It's just a waiting game for me now.

As far as a declaratory order goes, the TN board of nursing will not do it. It's not right, but they say we just have to complete school, take the NCLEX, then wait until they review it all.

Are your convictions felonies? If so, and if you can't get them expunged, then my advice would be to not take the chance. There is a new bill currently being reviewed in the TN house of reps. It's TN house bill 1070. It basically states that the board cannot give anyone a license if they have been convicted of a felony. I don't know when or if it will pass, but my guess is it will pass eventually. If your convictions are misdemenors, then it's hard to say. I knew going into nursing school that I may not be able to get my license because of the convictions, but since no one could give me a straight answer, I decided to take the chance. I figured since no one said it would be impossible, then at least I could still try. It's just something I had to do. If there's anything else you would like to know, just ask.

ChristianBranson · May 28, 2011

Carrie- mine are misdemeanors. Interestingly, I believed that only the DUI was on my record, as I'd had everything else expunged. Unfortunately, I found out days ago that the expungements had yet to be filed, so I'm taking care of all of that now. I've printed off the Board's application for licensure and it states to list "convictions and guilty pleas." If that is the case, then the vehicular assault and driving on a suspended should not matter since they were dismissed, yet I've been seeing people say that you should list EVERYTHING on the application that one was ever charged with. I'm worried, somewhat, yet at the same time, my issues will be well over 10 years old by the time I apply and of the two that technically should be listed, one was expunged. Since then, I have had a clean record. I'm pretty confident that the board will be okay with it all, yet not knowing for sure makes me nervous. I've never been a gambler.

If you wouldn't mind, I would love to know what comes of your situation. It helps that we are both in TN so that I might know what to expect when the time comes. I can give you my email address and you could email me once you've found out if it isn't too much trouble. In the meantime, I will be getting in touch with an attorney who specializes in Board Licensing to see what he/she has to say. I also am in the process of getting together letters of references from a few people who can attest to my moral character. One such person is actually a TN Supreme Court judge. I'm hoping her reference will go a long way. As for yourself, I will be keeping you in my thoughts and prayers in hopes that everything works in your favor. It's unfortunate that simple mistakes made so long ago can gravely affect our futures. My issues stem from my early to mid 20s. I'm now in my mid 30s and am definitely a stable and mature person and have no doubts that I'll make a wonderful addition to the healthcare industry. Like you, I realize the risks, yet this is my dream and I only wish I'd seen it through 15 years ago when I started to pursue nursing. Best of luck to you! : )

carrie_c · May 28, 2011

I will let everyone know what comes of my situation. I'm just praying that everything will be ok. The hardest part is waiting and not knowing. I am working right now as a receptionist. A lot of my friends got new grad nursing jobs, but I decided not to until I know if I will be able to get a license or not. It would be really awful to take a nursing job and then have to quit if the board denies me. It really sucks, but that's just the way it has to be for now. If they won't give me a license, I will be devastated.

I think in TN, you just have to list the things you were found guilty of. At least that's what it said on my application. If charges were dismissed, I don't think the board will count that against you. But please don't take my word for it, check with an attorney. I know in Georgia, they want to know everything, all arrests even if not convicted. I think that's crazy. The most important thing is, don't lie on the application. Tell the truth, because they will find out, and it's best if they know your side of the story. They look at lying worse than they do the convictions.

I was also in my early, mid 20's when I got in trouble. I was young and so stupid. I would never make those same mistakes now. Hopefully the board will see that. You can send me your email if you like. Good luck.

ChristianBranson · May 29, 2011

it will not let me message you because I've not posted 15 posts yet. My email addy is easy though.....It is my user name on here plus "@ aol.com". I definitely look forward to hearing what happens and am excited for you. I've a really strong feeling that all will be okay. I'm going to try and reach the board in the coming week to find out about what exactly has to be listed on the application. I printed off the state application and you're right. It only states to list convictions and/or guilt pleas. If that is the case, most of my record wouldn't need to be listed. In fact, I believe only the DUI itself would have to be listed. We will see! I'll hopefully know more soon. Hope you are enjoying your weekend. : )