Anyone have experience with BoN wanting more background check info

Sour Lemon · May 13, 2018

I submitted my fingerprints and paperwork for my license endorsement to Florida and it came back with a DWAI I got in 99 (which I didn't think I needed to state on my application). They sent me a letter asking for the court records, police report a statement from me about it etc. I didn't think it would matter since it happened almost 20 years ago and I didn't have any problems getting my license here in NY. I wasn't trying to hide it, I figured it would come up on the check.
Has anyone had to submit additional information about their background check? Should I be worried?

"Any applicant who has ever been found guilty of, or pled guilty or no contest/nolo contendre to any charge other than a minor traffic offense must list each offense on the application. Reckless driving, driving while license suspended or revoked (DWLSR), driving under the influence (DUI) or driving while impaired (DWI) are not minor traffic offenses for purposes of this question. Failure to disclose criminal history may result in denial of your application. Each application is reviewed on its own merits."

I'd worry, yes ...it seems like you would have been better off following the rules and disclosing to began with. The fact that it happened so long ago should work in your favor, though.

muggs · May 13, 2018

"Any applicant who has ever been found guilty of, or pled guilty or no contest/nolo contendre to any charge other than a minor traffic offense must list each offense on the application. Reckless driving, driving while license suspended or revoked (DWLSR), driving under the influence (DUI) or driving while impaired (DWI) are not minor traffic offenses for purposes of this question. Failure to disclose criminal history may result in denial of your application. Each application is reviewed on its own merits."
I'd worry, yes ...it seems like you would have been better off following the rules and disclosing to began with. The fact that it happened so long ago should work in your favor, though.

Thanks, I can read. Mine was a DWAI. Not a DWI nor DUI. It isn't the same thing and it doesn't fall under the same section of penal code they mention on the background check page. But that doesn't really answer my question.

Sour Lemon · May 13, 2018

Thanks, I can read. Mine was a DWAI. Not a DWI nor DUI. It isn't the same thing and it doesn't fall under the same section of penal code they mention on the background check page.

Well then, just send that response to the board?

broughden · May 14, 2018

Thanks, I can read. Mine was a DWAI. Not a DWI nor DUI. It isn't the same thing and it doesn't fall under the same section of penal code they mention on the background check page. But that doesn't really answer my question.

Im a prior cop in NY but live in FL. We dont have DWAI in FL, and states that do vary from state to state as to what exactly it is. Additionally in NYS, there is DWAI (not drunk), DWAI-Drugs (just as serious as DWI) and DWI-Combined (drugs and alcohol, also serious).

The state BON most likely wants to know the circumstances which apply in your case, was it a drink or heroin or both?

muggs · May 14, 2018

Im a prior cop in NY but live in FL. We dont have DWAI in FL, and states that do vary from state to state as to what exactly it is. Additionally in NYS, there is DWAI (not drunk), DWAI-Drugs (just as serious as DWI) and DWI-Combined (drugs and alcohol, also serious).
The state BON most likely wants to know the circumstances which apply in your case, was it a drink or heroin or both?

Oh really? I wasn't aware of all that. Thanks, that actually clarifies some stuff for me.

Orion81RN · May 15, 2018

Yes! It was a bit of a hassle but I got it done and then was allowed to sit for the boards. I had an arrest for a very dumb reason and it was dismissed right away in court. If anyone is interested, I'll tell you at the bottom.

I had to obtain the court documents, meaning I had to go to the courthouse. I went to the police department and obtained the police report. I also had to write a statement of the events. Then, I simply had to mail all of that to the BON.

Yes, it delayed my eligibility to sit for the NCLEX, but I was studying for it during that whole time anyway.

It may seem like a big deal now, but it's really not.

Ok, so what had happened was.. lol

I got into a car accident. Minor, but big enough to call the police. (No injuries.) I gave the cops my license and.....IT CAME BACK THAT MY DRIVER'S LICENSE WAS SUSPENDED!!!! WHAT???? :no: They told me I hadn't done my emissions test on my old car that I NO LONGER OWNED. I HAD received an emmision notice in the mail but ignored it bc I didn't own the car any more. (If you don't do your car emmision test, your license gets suspended.)

Ok, so....I was living with my MIL. We have the SAME 1st and last name so I often didn't receive my own mail bc my MIL just didn't give it to me. I'm assuming the suspension notice was sent there and I didn't know it. :banghead:

They handcuffed me but we're very nice. Let me keep my phone and call my dad bc he was Assistant Chief of Police in the town over and they knew him. So I sat alone in a big room for like 20 minutes after finger printing then left.

Went to the court date. Dismissed immediately.

The end.

Trauma Columnist · May 15, 2018

Moved to a different forum for more answers.

muggs · May 16, 2018

Ah, so maybe nothing to really worry about? When you wrote them did you give a lot of details or just the basic facts? That is one of the things I've been struggling with do I just say I got into an accident, they tested me, it came back, they gave me a DUI ticket , it was reduced to DWAI, I paid fine or give surrounding details

Orion81RN · May 19, 2018

Ah, so maybe nothing to really worry about? When you wrote them did you give a lot of details or just the basic facts? That is one of the things I've been struggling with do I just say I got into an accident, they tested me, it came back, they gave me a DUI ticket , it was reduced to DWAI, I paid fine or give surrounding details

State just the facts and only what they told you to write. Do not come across as defensive.

muggs · Jul 10, 2018

Just to follow up incase anyone else ever has this situation I sent them the court records and stuff they ask for. I also sent the description of the course I had to take along with the community service paperwork and paper saying I completed the course. In the statement I told them what happened with the accident and why stuff was found in my system. I explained my confusion about saying yes or no to the DUI question, that I wasn't aware Florida didn't have a dwai classification.

And I am now licensed to practice in NY and FL í ½í¸€

HopefulRN4144 · Jul 13, 2018

Just to follow up incase anyone else ever has this situation I sent them the court records and stuff they ask for. I also sent the description of the course I had to take along with the community service paperwork and paper saying I completed the course. In the statement I told them what happened with the accident and why stuff was found in my system. I explained my confusion about saying yes or no to the DUI question, that I wasn't aware Florida didn't have a dwai classification.
And I am now licensed to practice in NY and FL

I posted my own question in this area, but haven't gotten any responses. I have also emailed the BON in my state asking my questions, but haven't heard anything from them either I saw your question and your update, and thought maybe you could help!!

In the criminal history area on the NCLEX application, after answering "Yes" to the misdemeanor question, the application then takes me to an "Attachments" page.

On the "Attachments" page, it says:

"If applicable, upload the Attachments for your license application..." The area where it says, "Add Attachment," says "Compliance Supporting Document. Compliance - Provide: Explanation of the events including the data/country/state of incident; certified copy of indictment/criminal complaint/plea/journal entry from the court(s). A copy of the court docket or case summary does not meet this requirement."

What would be the compliance supporting document? I was given court documents when the cases were sealed. They told me to keep them because once sealed those would be the only records of it, and they wouldn't be able to get me copies of them after that day. They each include a page that has the original complaint filed with handwriting and stamps on it, court proceeding paperwork with handwriting and stamps on it, and a certified journal report (which lists dates going through the proceedings and what happened during those proceedings). Should I attach all of those? Or should I only attach the certified journal report?

So, it says certified copy of indictment/criminal complaint/plea/journal entry - So, I can submit the certified journal report. Should I just submit all the paperwork they gave me when the records were sealed?

For the explanation, do I just write something myself explaining the charges and submit that with the paperwork? Do I make it to the point with just the facts, or do I include more of an explanation?