New York State RN App Denial

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Hello colleagues and fellow anxiety-ridden humans,

I have quite the situation and I am in shambles after receiving a denial from the Administrative Hearing Panel (2 against:1 for licensing).

Crimes:

  • 2002 - Class A Misdemeanor for shoplifting in Texas at the age of 17
    • Result: successful completion of a Deferred Adjudication program one year later.
  • 2004 - 2 Felonies in Texas - (1) Fraudulent Use or Possession of Identifying Information and (2) credit card abuse from an employer.
    • Initial Result: 5-years probation
  • 2007 - 1 Felony in Louisiana for theft from an employer for stealing clothes
    • Result: Sentenced to 1-year in the Dept. of Corrections (prison)
    • 2004 Texas Felonies follow-up result: previous probation revoked after being released from prison.

Education and dedication:

  • 2012-2013 Medical Assistant School | GPA 4.0
  • 2013-2015 Westchester Community Colleague for Nursing Pre-req.s | GPA 3.85
  • 2015-2018 New York University College of Nursing | GPA 3.45

Scholarship:

  • 2017-2018 Federal HRSA Nurse Corps Award Recipient
    • This scholarship has a 2-year work requirement
    • For an inability to obtain my license, the program put me in Breach of Contract earlier this year
    • Punitive results: requirement to repay $60,000.00 scholarship within 3-years

May 2018 BSN graduation and passed the NCLEX-RN in August 2018. The earlier criminal behavior was a complicated result of low self-esteem, self-destructive behaviors, and misdiagnosed Bi-Polar Disorder that led to unthinkable actions I've deeply regretted each day for years.

This criminal record does not comport with the person I am now as I have been working with or for vulnerable populations from the fall of 2015 to present. In my current role as an administrative coordinator, I process reimbursements and coordinate travel yielding access to peoples identifying documents and millions in grant funding that I do not steal or misuse. When I was younger, unrelenting feelings of worthlessness prompted me to act in the most self-destructive manner possible because I believed I had nothing to lose. Now, I have everything to lose: a viable future, my 9-year-old child, and my freedom. Not to mention, if I am reincarcerated, I will default on a current balance of $160,000 in student loans and default on that $60,000 scholarship that will turn into a loan requiring repayment w/in 3-years. It is not hard to see why the initial panel required the moral character hearing but the hearing panels 2:1 vote has me on the fence about how to move forward. The silver lining is that my rehabilitates efforts were able to convince one person on the panel.

Plans to move forward:

  1. Aquacise for now or for good since I am out of funds to fight
  2. Apply in another state (an attorney recommended rural states)
  3. Find a pro-bono attorney to appeal the panel's decision & keep fighting in NYS

I need guidance, honesty, and a miracle.

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My heart truly breaks for you. At my nursing program where I am adjunct faculty, our nursing program started doing background checks a few years ago so students with criminal backgrounds could be appropriately advised of their chances of obtaining RN licensure. Students with felonies were discouraged from starting the program until they were able to obtain a pardon from the governor's office. Your particular situation is complicated by the fact they occurred in two different states.

Did your school know of your background before you started?

I am also saddened that you did not receive better financial advice because your student loans are so high for RN pre-licensure with $160K plus another $60K.

The only thing you can do is find an attorney to see if you can work towards a pardon. You have passed your NCLEX. The good news it has been over 10 years and you are in good standing. I do not believe that applying in a different state is going to help. Even if you were able to get a license, finding a job is going to be hurdle #2. A felony can be a hard-stop for many employers.

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50 minutes ago, Jory said:

My heart truly breaks for you. At my nursing program where I am adjunct faculty, our nursing program started doing background checks a few years ago so students with criminal backgrounds could be appropriately advised of their chances of obtaining RN licensure. Students with felonies were discouraged from starting the program until they were able to obtain a pardon from the governor's office. Your particular situation is complicated by the fact they occurred in two different states.

Did your school know of your background before you started?

I am also saddened that you did not receive better financial advice because your student loans are so high for RN pre-licensure with $160K plus another $60K.

The only thing you can do is find an attorney to see if you can work towards a pardon. You have passed your NCLEX. The good news it has been over 10 years and you are in good standing. I do not believe that applying in a different state is going to help. Even if you were able to get a license, finding a job is going to be hurdle #2. A felony can be a hard-stop for many employers.

Thank you, Jory. Yes, NYU does a federal background check but my crimes were not on a list for disqualification. I did not realize what a long shot this was until now.

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5 hours ago, NamasteNurse8 said:

Thank you, Jory. Yes, NYU does a federal background check but my crimes were not on a list for disqualification. I did not realize what a long shot this was until now.

I will be saying a prayer for you that you find your path. You are an example of people that should be given a second chance. Yes, felonies are serious in our society and should be a big deal. But I also have never believed that people who have demonstrated they have changed their life should be forever penalized either.

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Your story is sad. It doesn't seem right to me, but unfortunately, your crimes occurred in 2 "tough on crime" southern states. Things would probably be very different if they had happened in NY, or some other liberal state.

You had background checks, then you got high grades, scholarships and passed the NCLEX. It makes no sense.

I can't offer anything except moral support.

I do not understand loans in excess of 200k for a BSN degree.

There must be others in a similar situation.

I do not believe convictions, even so-called felonies, should preclude a person from ever contributing again to society.

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12 minutes ago, Oldmahubbard said:

Your story is sad. It doesn't seem right to me, but unfortunately, your crimes occurred in 2 "tough on crime" southern states. Things would probably be very different if they had happened in NY, or some other liberal state.

You had background checks, then you got high grades, scholarships and passed the NCLEX. It makes no sense.

I can't offer anything except moral support.

I do not understand loans in excess of 200k for a BSN degree.

There must be others in a similar situation.

I do not believe convictions, even so-called felonies, should preclude a person from ever contributing again to society.

Hi Oldmahubbard, your moral support is much appreciated. NYU costs $74k per academic year so the $160K are my federal and private loans - a hefty investment for the future I am hoping to achieve. My loans would not be as daunting due to loan forgiveness of up to 80% of the debt through the Nurse Corps Program after completing my two-year service obligation for the scholarship.

I am going to apply for New York State's Certificate of Good Conduct with the hopes of obtaining said certificate to submit with my next appeal.

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Try to apply in some states that is "open minded." I found Texas is one of them. I had a misdemeanor traffic violation in one of the Southern States, but Texas considers that traffic violation as a "minor violation" or an infraction ( unclassified misdemeanor). I was not arrested or fingerprinted. I was advised by Texas BON that I will not have to mention my traffic violation when I renew my RN license.

Did you check a list of "acceptable misdemeanor offenses" from Tx BON? It is very easy to google it. Also, you have to show the Broad that you are a changing person. Being a volunteer in homeless shelter or somewhere will help. The crimes you committed are considered to be moral turpitude. Have someone famous to write you a letter of recommendation will also help. It is not hopeless, you have to start from the bottom again.

Be positive, be active and stay strong. I wish you well. We all have down time in some points of our lives.

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Also, are you aware of the fact that Texas Board of Nursing has the age based minor criminal history review. It says "The Broad will not take action if conviction entered more than 5 years before you applying for a license." Even a class A misdemeanor, if it happened more than 10 years ago, the Broad will take no action on your offenses. It states clearly from the info shown below.

You can find the info by googling "criminal history and nurse licensure-NCSBN texas" or something like that.

Each state is different. Keep it positive. There is always a hope somewhere. You have to look for it. I found out facing a hardship in my life can actually make myself a better person.

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I’m going through this exact same situation in NY with the same (2:1) outcome. They have denied my RN licensure in a private hearing where I was unaware of the statistics but was denied. I had an appeal from that decision in August which was held as an in person hearing with 3 on the panel (where the outcome was 2:1). I testified along with my mother. We provided an abundance of rehabilitative evidence, references, certificates of relief, etc. This appeal was also denied. I can share with you their supporting documentation/explanation of denial. I’m currently in the process of appealing this decision. I was down to my last dollar from all this continuous litigation however my attorneys have agreed to do this appeal for free as they believe the board is in direct violation of my constitutional rights.

Can you believe I’m also an LPN.... I’ve been an LPN since 2013. I was convicted in 2015 for petty larceny; my license was suspended for a year and I’ve been working as a nurse ever since. Obtaining my BSN in the process. Can you please explain how I have the moral character to be an LPN but not an RN?

I would advise that you keep going! I see that this post is a few months old but hopefully your gut has told you to do so. My counsel for this particular litigation is paid however the Legal Aid Society/ Law NY has been instrumental in assisting me with litigation I’m also facing with the Health Department. This assistance is free of charge and due to the description of your financial situation it sounds you fit the guidelines.

The sad part is I believe them people had it in their mind not to give me my license before I even entered the room. My attorney had to keep reminding them that it was a moral character hearing and not a criminal proceeding. The questions they were asking were unfathomable (retracing the crime, asking about my religious faith, psychiatric history (which is protected by HIPPA)) with unrealistic ideas of rehabilitation. I’d also like to mention the lack of diversity on the panel. As soon as I saw them I automatically knew they would deny me. Luckily their unfair, unjust, RELIGIOUS, convictions show in their explanation which I have faith will work in my advantage.

My crimes are

Petty Larceny 2001, 2015 in NYS

Please! Please!

Believe in yourself and your purpose! I will get a million low wage jobs and apply in all 50 States! They will not stop me! I’m going to be a testimony. I love being a nurse and perform my job to the fullest and best of my ability! My clients love me and the exceptional love and care I provide.

(sorry if any typos. too long to proofread)

Good Luck!

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Hi I sent you a message

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What happened? How did New York deny the license? The New York State board of nursing does not do a background check, did you disclose this information yourself? 
 

Wishing you only the best! ????

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On 8/31/2020 at 9:42 PM, G Jan said:

What happened? How did New York deny the license? The New York State board of nursing does not do a background check, did you disclose this information yourself? 
 

Wishing you only the best! ????

You must disclose it. Period.

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