NCLEX and licensing with 2 OLD DUI's

[Carl Winslow]

Hello everyone. I have seen this type of question posted before and have heard a lot of hearsay. Unfortunately, from what I've seen, the original poster never returns with an answer. So, I'm going to address it again and hopefully get a more definitive answer. I'll do my best to keep it short.

I'm currently in a BSN program here in California, and I will be graduating relatively soon. My only dilemma is that I have TWO VERY old DUI charges. They are about 8 and 10 years old give or take from when I was 19 and 22 years old, long before I even imagined being a nurse. They have also been expunged. I completed every single stipulation the court threw at me without incident. Since then, I have kept my nose clean and have maintained a 3.8 cumulative GPA (4.0 in all sciences) and will hopefully be graduating at the top of my class.

Shame on me I suppose for not being more proactive, but I am only now finding out that the board can deny my license and not allow me to sit for the NCLEX! Or worse, put me on probation (at which point I might as well jump off a bridge because there is no chance of getting a job in this market with a restricted RN license). I understand that California is extremely stubborn when it comes to DUI's, but I hate it here anyway; are there any other states that may be more lenient? Have any of you ever experienced this type of nightmare and how did it end? Should I just start my career in a different state and forget California completely? Give up and just work at McDonald's for the rest of my life? ANY advice is more than welcome! Thanks!

[Carl Winslow]

How long did you have to wait stucky? Also, how many DUI's did you have? And how many year(s) were apart from your last DUI and your application? Did you get a lawyer? Thanks!

[Carl Winslow]

And did you get an unrestricted license after they were done investigating? Or did they put you on probation then once you appealed gave you an unrestricted? Also, do you by chance know if it makes it more difficult to get an unrestricted license in other states if you have been denied/placed on probation? Thanks again; sorry for so many questions lol.

[RN_stucky621]

It took them about a year and a half to grant me the ability to sit for the NCLEX and I was given an unrestricted license after their investigation. I only have one but I got it during school so it was maybe about a year from when I got it to when I applied. Also, I submitted multiple character reference letters from my instructors and employers and a lengthy letter showing that it was a one time mistake.

If you do take the chance and apply for a CA license and they deny you you are going to admit that to every state's board of nursing as they all ask the question of having ever been denied a license from another state.

[Carl Winslow]

Thanks for your reply. Now that is the dilemma: risk it and apply in CA or basically start my career in a state that is less strict? I have to believe that as long as I do what I am supposed to do, and considering it has been so long and I was so young, that eventually, I will be given an unrestricted license here in CA; just have to stay positive I suppose!

[er_life88]

I have 2 DUIs from 2010. I sent my initial application to take nclex dec 30, 2013. I was denied in April, which I appealed the same week. I sent my waiver to take NCLEX the same time I appealed. I took my NCLEX in June, with the good pop up. They sent me my statement of issues in July and offered me a stipulated agreement a few weeks later. Right now I'm still waiting for the brn to approve the stipulated agreement. Btw, I was proactive (aa, both duis were expunged, 200 hours community service, and 5 years working as a cna). You will probably not get offered an non probationary license unless you attended an in patient rehabilitation program and other supporting documentation. My biggest word of advice is stay busy and be positive. Any time you deal with the BRN, you must be patient. I will update you guys hopefully soon.

[Carl Winslow]

Thanks for the response, but I will never take a probationary license. I think if they are going to give you a restricted license, they might as well not give you one at all; they both pretty much have the same outcome, unless you know people and have connections. Even then, 3 years? and 15k out of pocket? They will also probably restrict you from working in the ICU for those three years too. Pffffff, forget about it. An inpatient rehab program for a DUI I got when I was 19 years old? LOL, yeah ok. What is this George Orwell's 1984? California is just crazy. I've decided just to skip Ca altogether. I'm not going to screw around with this messed up state anymore. If I get a restricted license I will just find another career.

[er_life88]

I totally agree with you 100%. I am lucky enough to be employed at an LTACH facility that is willing to work with my stipulations. But it is a heavy burden that will sit on my shoulders. And not just for 3 years. It doesn't clear from the breeze verification system until 10 years after you complete the probation. It's just something I have to live with. I do feel like I paid my dues to society but I will have to do it all over again. I take full responsibility for my actions and I guess I have to live with it. Good luck and keep us updated.

[Carl Winslow]

I think that is the worst part about this DUI horse crap. It is borderline unconstitutional; how you can CONTINUE to be punished for the rest of your life is beyond me. As you put it, we've already paid our debt to society...YEARS ago. And how they can legally correlate a dui at 19 years old to the nursing profession is equally baffling. And this has large implications for California in particular. It is already a mess, and you're basically disqualifying thousands of people from a 60-100k a year job because of some bs misdemeanor charge that happened 12 or 13 years ago? Defaulting on student loans and joblessness, these are all bad, especially for a backwards state like California. So, you have California educated nurses fleeing your state to go stimulate the economy in another state? I've already looked into other states, and I haven't found one that was as strict as California. Texas and Massachusetts for example, don't even ask about expunged records, and they are more concerned with felonies and something that has happened recently, which they consider 5 years recent. Nevada doesn't care. Idaho. And the list goes on.

To get through the Ca BRN without issue you basically have to be a saint who has never had a single misstep in your entire life...do you know how rare that is? I mean they're denying people for a shoplifting charge they got at 17 years old for stealing some stupid earrings from hot topic. It's insane and ridiculous. With the baby boomer generation getting older, and with the large amounts of 60 year + nurses in Ca getting ready for retirement, California is going to be in a world of hurt pretty soon if they don't change their tune.

[Adamant]

It took them about a year and a half to grant me the ability to sit for the NCLEX and I was given an unrestricted license after their investigation.

A year and a half before you could sit for NCLEX?! As in from the time you finished school? How do you stay up to date with that stuff and retain it all for when the test rolls around, and ultimately pass? I understand you can keep reading and stuff, but once class is over (at least for me) unless you continue actually doing what you've learned, the knowledge starts to slip away.

That just seems harsh to make people wait that long. Even half that long is brutal.

[kmpkmp123]

Hello Carl Winslow!

Would you mind sharing your letter of explanation? If so, my email is [email protected] . I am lost as to what to write, regarding two DUI's. Many people are able to say "it was a one time thing," but that is not the case for me! Also, what was your outcome?

[Carl Winslow]

So, I have not posted here for quite some time. I have had my head buried in the sand since graduation (January 2017) and have been scared/stressed to death. But here's the update...I was given the ok to test. All of this is behind me. It took about 6 months from start to finish but this nightmare is behind me now, I just need to pass the boards and I can finally begin my life!!!

If you're new to this thread, my background was as checkered as they come. I had 2 past DUIs. One when I was 19 and another when I was 22; I am 32 now. Both misdemeanors. Here's what I did or what I feel helped me:

I hired an attorney, based out of Sacramento Ca (Where the Ca BRN resides) and who deals with Ca state licensing. It was about 2,500.

I got them both expunged.~3,000 for both.

I got excellent character reference letters.

I went to an "addiction specialist" who was great and about 1,200. Ask for a fitness for work evaluation. The report was about 10 pages long and very thorough.

There was SUBSTANTIAL time between my last DUI and when I applied. I feel like this helped immensely.

Both were misdemeanors.

I never gave up hope. This was the hardest part.

But after the smoke cleared, I am a new man. I feel 10,000 lbs lighter. I can put all of this behind me now. Please don't give up on your dreams of becoming a nurse, practioner, CRNA, or whatever else you would pursue in life. Never give up even when it feels impossible. Keep pushing and never look back; you're not going that direction.

Feel free to inbox me or post here if you have any questions as I know first hand how uncertain and impossible all of this can feel.

[Carl Winslow]

Edit: Apparently it is still too soon to celebrate. Apparently they can still deny/give restrictions even AFTER you take the NCLEX. I thought this was the end of the road, but there could still be some unwelcome surprises up ahead. I will update as soon as I can.