minor felony

Tiger747 · May 26, 2011

If the nursing school is telling you they'll have problems placing you in clinicals, just imagine what your job hunt will be like.

Unfortunately, your past problems are hung out on internet databases for every Tom, Dick, and Harry to see, so it may not do any good to think no one will know.

My main concern for you would be that since the problems you had are not very old, the B.O.N. may grant you a "probationary" license, and, friend, the paper they use just makes for a very uncomfortable wipe.

Essentially, a probationary license is worthless.

diva rn, BSN, RN · May 26, 2011

Yes, you definitley need to speak with an attorney. I am not sure what the BON person told you, but here in Fl a felony on your record is a big thing. As is the substance abuse. At the very least, you would possibly be directed into intervention program--in Fl it's the IPN-where you are monitored for a term of 5 years/monthy urine drug screens/weekly peer meetings/in addition to that-you may not give out narcotics for 6months to 1 year of the 5 year contract..so not sure how that would play out while you are in school--as I am sure you would have to enter the program while in school.

That is if your state does even have an alternative program...some of them do not and you may not be able to be licensed.

That is why you need to speak with an attorney.

I am not sure you were given accurate information from the person at the BON.

and the felony is sort of a big deal.

meanttobe · May 26, 2011

Thank you for the advice. I have found a lawyer for nurses that is familiar with the BON, so I am going to call her today. I do not want a probationary liscense so if that is the case I will just try to find another career. I do feel that the BON has given inaccurate information because I looked up senate bill 160 and it was not even about juveniles, senate bill 5558 is. thanks.

kaydensmom01 · Jan 28, 2014

I am the original OP, with a changed username and I have an update.

I was an alcoholic from the age of 13, and the alcoholism turned into a drug and eventual IV heroin addiction at 18. During that time I received a "underage drinking", and "aggravated vehicular assault". The "aggravated vehicular assault" is the equivalent to a third degree felony but I was charged as a juvenile since I was 16 at the time so I have nothing on my record. I had been an emotional wreck since I was 11 and was diagnosed as bi-polar during my teen years. I went to the psychiatric ward twice and an in-patient rehab one between Oct. 2008 and March 2009. I was a HORRIBLE teenager that hated myself and did whatever I could to hurt myself (emotionally).

Things changed when I met my husband when I was 18 and a half. He gave me the ultimatum to choose him or drugs, and I have been completely sober/clean since July 2, 2009- one week after my 19th birthday. I got clean to please him at first. Then I got pregnant two months after sobriety, so I stayed clean for my child. Being a wife and mother helped give me a sense of purpose and eventual love for myself. When my son was 6 months old I decided to go to nursing school- because I wanted to give my son a good life. I did very well the first semester of school, which really started building my confidence in myself. I got accepted after my first semester of nursing school and soon really started improving my life for myself. I began to see that I was worth more than I ever thought, and that I deserved to have a "normal" life.

I worked very hard in school. As you can see from above I informed the program director about my situation who really encouraged me not to continue in the nursing program (soon after the first semester she changed her tune though after seeing how hard I worked). Since I started school the fear of not being granted a license has been there constantly. I used that fear to excel in school. I didn't make excuses, I worked my behind off, I graduated valedictorian of the nursing class, and I was truly grateful to be in school. I love learning and have found every class useful- from art to nursing. I enjoy learning because I have let it change me and mold me into a better person. R

Back to my licensing information...

I started going to therapy at the beginning of nursing school so that I could have proof that I am of sound mind. He seen that I have anxiety and depression, and am not bi-polar. I have been on antidepressants ever since, and they work great for me. I see a psychiatrist and psychologist regularly, and they both sent the BON a report.

In December of 2012 I was getting ready to start my last semester of nursing school, I then began to search for a lawyer because I knew that it was time to start getting my application ready. Before hiring a lawyer I told my new program director and professors about my past in order to get their opinions on what I should do and so I could ask them to write me reference letters. They told me that I shouldn't hire a lawyer, but I had done my research and knew better. I searched around and interviewed several license defense lawyers until I found the one that best suited me.

We started working on past medical records that included: records from the psych ward, counseling, rehab, juvenile records. We then worked on the records that showed rehabilitation which included: my transcripts, awards for being at the top of the class, reference letters from all of my professors, evaluations from my psychologist and psychiatrist. My application ended up being about 400 pages long. I graduated in May and sent my paperwork in, in the beginning of June.

I knew what I was up against and prepared for the worst, yet I can not explain what torture it was waiting for any word from the BON. I finally got a letter from them at the end of October, they required me to go to a psychiatric evaluation 7 hours away with a $3000 cost. Luckily I was able to come up with the money miraculously. I had my appt about a month later. The appt went very well and I started waiting again. I continued to check the BON license verification website everyday hoping to see something other than "pending", but never did in the 200+ times that I checked it.

My BON only meets for two days every two months so I knew that I wouldn't hear something from them until somewhere between February and April. On Friday I did my usual BON check and it said "eligible to test"!! I couldn't believe it, but I checked my e-mail and there was my ATT. I was so excited that I could finally test, even though I knew that it didn't mean that they were licensing me or licensing me without restrictions.

My attorney pushed for no restrictions, stating that there was a ton of evidence showing my recovery- which is why I think they had me go to a well known psychiatrist across the state (others that have been in my situation have been allowed to go to ones in our town). Today I got a letter from the BON stating that no disciplinary action is being taken and that after I pass the NCLEX I will have an UNRESTRICTED license:)

It has been emotionally draining and exhausting. I did my research and knew what I was up against and knew that I would have to wait longer than everyone else but it was still a roller-coaster and extremely discouraging at times. Despite all of this I would do it again because it is what I am meant to do (even though I didn't realize it at the beginning of nursing school). I have fallen in love with nursing and can not wait to work.

There are always going to be negative nancy's but it is up to you to never give up on yourself and work for your dreams. I am so proud of the person that I have become, and that is what it is really all about!

MrChicagoRN, RN · Jan 28, 2014

Thank you for sharing your journey.

best of luck in your career.

Sam J. · Jan 28, 2014

There is no such thing as a minor felony. And in nursing, anymore- there is not even such a thing as a minor misdemeanor.

kaydensmom01 · Jan 28, 2014

There is no such thing as a minor felony. And in nursing, anymore- there is not even such a thing as a minor misdemeanor.

I wrote this post 2.5 years ago, and minor as in juvenile, as in under the age of 18...

Sam J. · Jan 28, 2014

Thanks for the clarification. I don't recall a post that dealt with crimes from childhood, do they hold the same weight BON, wise? Are they visible, or sealed at age 18? Seems like they are even charging 12 year old as adults now.

kaydensmom01 · Jan 28, 2014

Thanks for the clarification. I don't recall a post that dealt with crimes from childhood, do they hold the same weight BON, wise? Are they visible, or sealed at age 18? Seems like they are even charging 12 year old as adults now.

They are supposed to be "sealed" when you turn 18 or 5 years after the incident, but that does not matter when applying for nursing licensure. They expect you to include the incident in your application. My lawyer said that even though it is technically "sealed", not including would be considered falsification.

I would say that, depending on the charge, it would defiantly hold the same weight as an adult crime- even when charged as a juvenile. My juvenile record does not show up on a background check, but still needed to be reported, and was taken very seriously. You may get away with not putting it on there but my lawyer said that you would be surprised at what the BON has access to, and if caught not reporting my record it would be considered falsification and that is automatic denial of licensure. Now if I just had something smaller such as anunderage consumption from when I was 14, I am not sure if that would need to be reported alone (although my lawyer did want me to get that paperwork too, but it was completely destroyed).

Healthnutiam · Jun 19, 2014

Good for you...I feel so proud for you. I'm sure your future holds bright things for you:)