Is my license suspended immediately after I self-report an arrest?

Published

(I apologize, I have no idea what section this goes into)

Hello everyone,

I’m here with a very heavy heart because I worked so hard for my nursing license and now it is in jeopardy.

I was in a very abusive relationship for 1.5 years. He had angry issues, jealousy issues. He has nothing going for him so he was always envious of my success and has stated to me in the past that if I ever pissed him off he’ll get my license taken away (by getting me arrested).

We’ve been on and off since we broke up at the end of january. Saturday night I got off work and went to his house, nothing unusual there. We use to live together and I still spent nights over there. Well, he had a girl over. We had words then had a bit of a scuffle. He called 911 and basically started telling them all kind of ***. That I busted into his house, started beating him for no reason. He wouldn’t let me leave cuz he wanted me arrested so he tried blocking my car so to get away I had to drive over his lawn which damaged some plants and flowers.

Fast forward later that night. Cops show up and arrest me at home. I’m charged with

Domestic abuse battery (felony)

Home invasion (felony)

Criminal damage to property (not sure what this one is)

I bailed out eventually. Now it’s time for me to self-report my arrest.

My questions

Will my license be suspended right away even tho I haven’t been convicted, only charged? Or will they wait a little longer to “see what happens” I guess?

Do I get a hearing with my board of nursing? (I live in Louisiana). I don’t want to be pathetic and pull the victim card but I have proof that I was in this abusive relationship. I have pictures of things he has destroyed in anger and stuff like that. I AM a victim of domestic abuse, will they even care? Or is just the fact I was arrested and charged with felonies enough to take action without even hearing “my side”?

My lawyer says home invasion will be dropped for sure. The domestic abuse will probably be reduced to something else. The property damage, idk (it was fricken flowers)

Be honest, don’t sugar coat anything. Will I be unable to work immediately after I self-report this? This is the big question. I can’t pay legal fees without a job after all

Up Vote Up Vote ×

Why did you go over there?

THAT is going to be the focus of everything. I understand the psychology of abusive relationships, I get the whole 'hard to break away from.' But, to an outsider like me, it's looks like you were 'away' and went back. And if you were away, not co-habitating with your abuser, why did you get so upset that he'd turned his focus on another person? That's your ticket to freedom...

This is my non-legal, everyday individual nurse take on your situation. I'm not an attorney. I'm just a nurse who once had a drug problem, was arrested, got recovery and navigated the road to get my license back.

You may successfully have things dropped and reduced. What will stick, no matter what is that you were arrested for and initially charged with a violent crime. In my State, you can't even apply to have those type charges expunged once the dust has settled. I applied and successfully had my arrest expunged, it was a drug related charge. That just keeps the public from being able to look my past up, but healthcare will always be able to see it.

At best, they will think you have poor judgment. Or that you are actually an abuser yourself, in a mutually abusive relationship. Even if they sympathize with your position as a DV survivor, they are going to question your mentality. Are you too damaged to safely practice? Stuff like that...

The BON is going to look at whether you pose a threat to the public. They might sympathize with your situation, they won't focus on your abuser. The focus will always be on you.

You said no sugar-coating. I am not an attorney, you said you have one. That's a good thing. This is simply my experience with crimes and the BON.

Good luck, I am also a DV survivor. I understand what it means to have difficulty moving on. Just don't make anything worse by lashing out... Or reacting to anything. You should not have been there, it wasn't your home.What he does in his home is none of your business. And expect them to focus on that.

6
Up Vote Up Vote ×
Specializes in Educator.

I am by no means an expert and your legal counsel is your best advocate in this situation. I seriously doubt that you can walk away from this situation unscathed. You will have to explain first and foremost why you went to see your abuser when you no longer lived there. Proof of DV will have to be more than pictures of things he broke. You will need police reports, pictures of your injuries, medical reports, etc...

But to answer your question - it depends. Generally, the BON is not swift so your license may remain unscathed for a while. In which case I suggest you stash as much cash as possible. Also, make sure that your lawyer has experience and expertise in dealing with licensure and the BON.

I wish you the best.

3
Up Vote Up Vote ×
Specializes in Medical Legal Consultant.

I am a nurse attorney although not licensed in LA. The state cannot deprive you of a property interest, your license, without what is called due process and an opportunity to be heard. They can call you the morning of the hearing or send a letter but they must give "reasonable" notice which could be the day of. The concern is with the opportunity to be heard, you have a constitutional 5th amendment right to remain silent so your criminal attorney may not want you to talk. Be careful posting this stuff on public sites because it can be used against you. Make sure your address is current with the Board or they can take action without you knowing it.

2
Up Vote Up Vote ×

How soon is she supposed to self-report to the BON?

Perhaps she needs a 2nd lawyer, one versed in BON issues.

Good luck. Stay away from this guy and his new girl.

Up Vote Up Vote ×
Specializes in Medical Legal Consultant.

Each state has different laws regarding self reporting. Some require to report an arrest and others require it after a conviction.

Up Vote Up Vote ×
On 4/18/2019 at 12:47 PM, Lorie Brown RN, MN, JD said:

I am a nurse attorney although not licensed in LA. The state cannot deprive you of a property interest, your license, without what is called due process and an opportunity to be heard. They can call you the morning of the hearing or send a letter but they must give "reasonable" notice which could be the day of. The concern is with the opportunity to be heard, you have a constitutional 5th amendment right to remain silent so your criminal attorney may not want you to talk. Be careful posting this stuff on public sites because it can be used against you. Make sure your address is current with the Board or they can take action without you knowing it.

Is it really considered reasonable to notify someone on the day of the hearing that the hearing will be held in just a couple of hours?

There should be at least a couple of weeks' notice given IMO. A month would be even better. Who is supposed to notify her and her attorney? And by what means?

Thanks

Up Vote Up Vote ×

How did it go with BON?
Hearing?
Hope all is well with you?

Up Vote Up Vote ×
Specializes in Oceanfront Living.
On 4/18/2019 at 12:47 PM, Lorie Brown RN, MN, JD said:

I am a nurse attorney although not licensed in LA. The state cannot deprive you of a property interest, your license, without what is called due process and an opportunity to be heard. They can call you the morning of the hearing or send a letter but they must give "reasonable" notice which could be the day of. The concern is with the opportunity to be heard, you have a constitutional 5th amendment right to remain silent so your criminal attorney may not want you to talk. Be careful posting this stuff on public sites because it can be used against you. Make sure your address is current with the Board or they can take action without you knowing it.

This is GOLDEN advice.

1
Up Vote Up Vote ×
+ Join the Discussion