Needing Advice in Texas!!

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I am/ was a LPN or LVN in Texas until I was forced to voluntarily surrender my license in 2010. Let me explain. I moved to Texas in 2006 from Louisiana as a result of hurricane Katrina. At that time I was a single parent working with a nursing agency on a part-time basis. I applied for foodstamps and medicaid for my young daughter until I was stable and working on a full-time basis. Some may say, "your were a nurse, you couldn't find any work". Well yes there were plenty of jobs and plenty work opportunities. At that time I had no family or friends here who could help me care for my young child. And we all know that most nurses work 12-16 hour shifts. It was hard for me to take something full-time and still care for a young child.

To make a long story shorter, in 2008 I was arrested and charged by the Texas Health and Human Services for a felony theft. They stated that i failed to report all of my income, in other words stealing benefits. By the advice of my lawyer to avoid a lengthy trial and a higher fee, I took a plea deal. I pleaded GUILTY, accepted probation, and had to pay back the monies. Knowing what I know now, I would have NEVER agreed to plead guilty. I had never been in trouble before and my lawyer acted as though this whole situation would just go away. Well as a result of this I had to surrender my nursing license and I was kicked out of RN school where I was studying for my BSN.

I waited one year as was stated in the Board Order and went through the lengthy process of re-instating my license. I was devastated when I was denied at the hearing. I was already depressed about the whole situation, but this sent me into a deeper depression. I was told i had to wait 5 yrs from the date of my punishment by the courts to even be considered for re-instatement, which would be October 2013. Should I hire a lawyer to help me get my license back? Or will I ever get my license back, knowing that I was charged with felony theft? I have hope and faith but sometimes I fear the worst.

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Specializes in Critical Care, Education.

I am really sorry that you were caught up in an unfortunate situation but you made it a lot worse by making some really bad decisions - exacerbated by questionable legal advice. The result was a felony conviction, right? And it's essentially a "fraud and abuse" issue since it involves theft of governmental funds. Are you really surprised that the BON acted as it did? It's possible that you also been added to the Federal "do not hire" list for healthcare because of the nature of your conviction. If so, there is very little likelihood that you can get a healthcare job even if your license was reinstated.

I can understand your anguish and regret, but honestly I doubt whether the BON will change their mind. In light of the fact that your nursing license may never be reinstated, it may be wiser to invest your resources & efforts nto launching a "plan B" - moving in a different direction for work.

Best wishes on your recovery from this very bad place in your life.

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Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
Should I hire a lawyer to help me get my license back?
Since the membership of Allnurses.com is not permitted to provide legal advice per the terms of service, it is best that you consult with a lawyer to help get your questions answered. I wish you the best of luck with this situation.
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Thanks for the comment. I have been really considering a change in careers due to the circumstances, but my heart is in nursing. I am very passionate about nursing and I have put many years and dedication in this career. Despite of what may occur, I won't give up the fight. Thx again for your advice.

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I do not know how long/dated that this question is. A new bill was passed in Texas changing waiting times so I my advice is YES, hire an attorney that specializes in representing nurses to the BON. If your case was dismissed you may be eligible for expungement-which is only for misd's C. Even if the case was dismissed its all still able to be seen. As is the arrest itself which may be able to be expunged/nondisclosure. GET A LAWYER. For anyone else in a proble with the BON, in any state always hire an attorney that works with nurses.

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