TX BON enforcement questions

Nurses Criminal

Published

Hello All,

Here is my story: back in 2001 I was arrested for a dirty/unclean/fictitious license plate (was selling my car, and the person I sold it to put a registration sticker on the car that did not in fact belong on my car, I was driving, so I was detained). I was immediately released, and no charges were ever filed. It never went to court, no verdict, etc etc. Since then it has never shown up on a background check (even the one I did for Homeland Security where I worked in the past few years). Fast forward to 2009 when I'm applying for RN school, it did not show up on the BON's "preliminary" background check they do before you get accepted into the program. Now in May of this year, I get a letter stating that since I checked "No" to the criminal background questions, I have committed "non-disclosure" and I must provide a statement and court documents. I did those immediately and they received them May 9.

I began calling the BON around May 20, only to find out all enforcement issues are initially viewed by the Director. Apparently he didnt' get my file until May 22, and he had 45 days from that day to look at it. I've since called and emailed him, and just yesterday find out my case is being sent to investigations which may take 6 months!

Here are my questions:

Have any of you had any similar experience with "non-disclosure"?

What are the outcomes you've seen?

How long is the process typically for non-disclosure? (I know the pat answer, 4-6mos, but even the BON CSRs I've talked to say it usually takes less time than that.)

Is it possible to apply to test in another state, like OK or NY, and give them all my info upront?

Is there anything I can do to speed up the process?

I interviewed for, and was hired for, my dream job in March: Med-Surg ICU Internship. The internship starts Monday, June 18. I've been upfront and honest with HR and my managers at my hospital, showing them all the same paperwork to and from the BON, and they are allowing me to begin classwork orientation (obviously, without my GN or ATT I cannot touch paitents). Once my classroom days are done, if I don't have my GN, I go back to being a tech. My hospital is being very understanding and states they will not take away my position--they will postpone it until September or even January if need be. Of course, if I can get this done sooner I definiteley will.

The most obvious statement I can make is that, had I known I needed to put this on my application, I would have done so. However, since I don't have a time machine, I must do whatever the BON decides.

I've been reading allnurses.com posts for years now, and I know how valuable a resource this is. Thank you to you who respond, and have a nice day!

Was it 3 months from the inital application or from the day you were sent to enforcement?

I was just sent to enforcement. I have been reading different blogs on this website and it looks like its 50/50 on it being quick or taking forever. Did anyone just have MIPs on their record?! I am wondering if that is usually quick or not.

Currently dealing with same issue. I graduated 12-12 and after all paperwork sent to tx BON I recieved a letter stating I needed to send court documents and a hand written letter discussing incident. I thought since the charge occurred in 2000 when I was 18 and now 2013 @ 30 y/o it wouldn't be passed on to further investigation but it was.

Now I was told to wait a minimum of 4 months to I hear back anything.

The charge was "tampering with evidence" = I tore up a document when I was arrested.

I have no idea what to do for money, living expenses nor what to expect. I hope it all gets processed and I can move on with the rest of my class and pass my NCLEX and find a job!!!

so frustrating!

I'm about to file my declaratory order prior to applying to the nursing program at Brookhaven. My question has to do with what to actually declare. I'm realize that the BON does a FBI background check that goes all the way back. I am 39 and most recent charge was a DUI in 2001. Even further back I had an assault charge in 1993 which was literally a fight in the locker room in high school. These are both charges that are required to be declared to the BON, however when I ran my own FBI background check and no records showed up. I am definitely planning on disclosing the DUI, however the assault charge because of how long ago it was, would I be shooting myself in the foot disclosing something that does not show up on a FBI check?

I'm about to file my declaratory order prior to applying to the nursing program at Brookhaven. My question has to do with what to actually declare. I'm realize that the BON does a FBI background check that goes all the way back. I am 39 and most recent charge was a DUI in 2001. Even further back I had an assault charge in 1993 which was literally a fight in the locker room in high school. These are both charges that are required to be declared to the BON, however when I ran my own FBI background check and no records showed up. I am definitely planning on disclosing the DUI, however the assault charge because of how long ago it was, would I be shooting myself in the foot disclosing something that does not show up on a FBI check?

Did you do a fingerprint background check or just a name background check?

Name background checks will not show everything you have on your record. My name background check under Texas DPS shows I have nothing on my record. My fingerprint background check shows what is actually on my record, and this is what the TXBON background check will show as well. I'm in a position where I have a juvenile charge from 1997 (I'm 34 now) and a recent pending charge (4/14) for an argument (misunderstanding someone else put there nose in) my husband and I got in. From all the research I've done, unless it is a expunged or a sealed charge you MUST disclose it and send a declaratory order for each offense to the TXBON. If it is not disclosed then you can be seen as "untruthful" and "non-trustworthy". I've also found that even if it is expunged or sealed by a court document and it shows up with out you not disclosing it, it can still be seen as you trying to hide it. Best case is to disclose it and pray for mercy. I'm in the process for filling for sealing of my juvenile offense, but today I received the notice to go ahead and start the fingerprint background check process for entrance to my school. I thought I might have enough time to get it sealed and cleared and I would only have to disclose my recent transgression.

Good Luck.

If anyone has gone through any of this please feel free to give advice.

So I guess long story short is I would go ahead a disclose everything.

Specializes in Critical Care, Med-Surg, Psych, Geri, LTC, Tele,.

In my state we don't have to report if the conviction was before age 18.

Maybe your fight was before you were 18?

If not, disclose it.

Hope it all goes well for you!

+ Add a Comment