One confused LPN

Nurses General Nursing

Published

I am a newly licensed LPN and I had something on my record from 2003 that was expunged BEFORE I graduated. When I answered yes to the question:"Have you ever had a record that was expunged", I answered "yes". They then asked for further documents from my lawyer and a letter from myself which was also provided. I now have a restriction of MONITORING for 3 yrs. on my license and had to sign a consent agreement. I was given the right to seek council, BUT was warned that if I did this, the Ohio BON has the right to decline my authorization to test even after my representation, if they so desired. They also prolonged the time to do all of these things in which put me in a catch 22 situation, because months were passing since I had finished school, so I didnt want to lose my knowledge and end up flunking the NCLEX. Unfortunately, I signed the consent agreement because I felt forced, like I had no other choice (I was scared into doing this) and not only am I a new nurse, but one w/ a monitoring restriction and I cant get a job...Can this be overturned due to the circumstances, if I get a good attorney? I had ONE THING on my record and it had NOTHING to do w/ drugs, medicaid, abuse of any form, absolutely NOTHING that links to nursing practice AT ALL! I was poorly informed, and bullied into signing that agreement...

Specializes in Med/Surg, DSU, Ortho, Onc, Psych.

I'm in Australia, and this sounds really odd the info u got from ur BON. Is there another nursing body you can check this with, like a US nursing council?

I would consult a lawyer. I would also go back to the BON and lodge a formal, written complaint that you felt bullied. The BON should have informed you more of your rights up front I reckon.

It all sounds strange to me, but like I said, I'm not in the US (presume it's US from the use of the word LPN).

It's water under the bridge now, but I would at least have consulted with an attorney without them knowing.

I have no idea what options you may have now.

Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

Being this is a legal question it is really in your best interest to consult with an attorney. There is a section on this board that deals with questions about nurses with a criminal past - Here is a link to it -

https://allnurses.com/nursing-licensure-criminal/

Wish you all of the best and hope this all works out for you.

Marc

Specializes in LTC/Rehab.
...Can this be overturned due to the circumstances, if I get a good attorney? I had ONE THING on my record and it had NOTHING to do w/ drugs, medicaid, abuse of any form, absolutely NOTHING that links to nursing practice AT ALL!

I'm sorry, but we cannot give out legal advice. I do wish you the best of luck in resolving your issue.

I thought you didn't have to say yes if you had a record expunged? At least thats what I was told by the Michigan BON. Its just that, and your record is suppose to be wiped cleaned. But maybe its different in other states.

Specializes in Mental Health, Medical Research, Periop.

This happened to a friend of mine (except she actually took the NCLEX, passed and didnt receive her license # until she gave them a letter from her lawyer). Each state may vary, but you will most likely have to speak to an attorney. (GOOD LUCK!)

+ Add a Comment