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Question about Atty for BON hearing
You cannot possibly go before the B.O.N. without an attorney, and even then it may not help. The little lady who went before me had a solitary D.U.I. 5 years, I think, prior and, trust me, you do not want to know the hoops they were going to make her jump through. Clinical evaluations with addictionologists, mandatory 6 months AA meetings, consultations with a group called "Nurses and Addictions", or something to that effect. Then----and only then----could she apply to take her boards. Even if 100% successful, she is looking at a probationary license with all kinds of baggage. Just is not worth it. Employers see "probationary license" and your application hits the can--- there are 5 other applicants without this. Unbelieveable? Absolutely. But it is what it is. Denial will not help. Far kinder, actually, to be denied a license or thrown out of school because then you have closure. A probationary license is a very cruel thing because if you are unfortunate enough to receive one, you will constantly try to be a nurse, when, in fact, you should just move on. Good luck with this.
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My thoughts on 'what should I tell the BON'?
I was charged with a misdemeanor. The case was formally dismissed;however, it is still on my record. Fine print says, "Dismissed". Currently, the judge doesn't like the new law, House Bill 1211, that allows for the sealing of crimes 8 years old and older due to the fact that the databases all over the internet show these crimes, and the law makes it a misdemeanor for an entity to post/show these violations if they have, in fact, been sealed. He calls it "ex parte" in that he wants every database summoned so they know to remove the data. This, obviously, is impractical. Regardless, dismissed or not, I would have had a probationary license which is 100% worthless unless you are already working or know someone. One look at that status, and your application goes in the can. The B.O.N. considers arrests as "marks". Marks = probationary license. If we look at it from a standpoint of probabilities, many people with records simply are never going to be nurses.
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Domestic violence, a cautionary tale:
In Anderson, IN., any altercation = both parties arrested. It is considered "mutual combativeness". I am not entirely sure what an innocent victim is to do; however, I would think twice about calling the police. This is all revenue-inspired. Unemployment in this town of 50,000, is easily at 50%. Every block is full of vacant houses (my block of 12 homes has only 4 inhabited). I know most cities in Indiana are very similar if not worse. Banks are being robbed here in broad daylight and the robbers don't even bother with ski masks! LOL
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Denied CA lvn license for 2 DUI's
Yes, Samirish, it was of a violent nature; but, it was a "simple battery". It was so preposterous the judge laughed and evidently dismissed it. I never pursued it until I realized the thing is on my formal record, though it says "case dismissed". But what my family and friends have trouble with is what constitutes "battery" in this country. "Battery" sounds so awful, but merely pushing someone aside who is blocking your exit through a door is battery. I feel for single mothers who get batteries for slapping their uncontrollable teenagers, for that is battery. Had what constitutes battery in recent times been in effect in the 1960's, I would have never seen my father or mother, as they would have been in Sing Sing, and we were not abused kids. Every single one of my friends and neighbor kids got the "paddle" or "back hand". Nevertheless, I was informed that no place accepting Medicare/Medicaid can hire someone with a battery on their record. They only list "felony battery", which means you actually hurt someone, within 5 years on their list of "no-no's", but I have learned formally that it means any battery whatsoever. The thing that boggles my mind is that society forgets "emotional investment". If a person slaps their own child, or comes home to find their spouse in bed with another and slaps them, that is actually normal behavior, despite what the law says. This can in no way be extrapolated to mean that person would slap a child in a day care or slap an 80-year-old in a nursing home. If accosted on the street by a young thug, yes, I would strike back (though in Indiana you would go to jail for being "mutually combative" and charged with battery, as you are supposed to tell the mugger, "Hold on a minute while I call the police." LOL). Would a reasonable person interpret this to mean I would strike someone helpless in my care? If this is the case, returning soldiers are likely to shoot people whom they have confrontations with. I am just saying that everything is taken completely out of context. A person who is violent will have a pattern ( 3 or more episodes) and a felony in there somewhere. But, then, we see people on here facing the same quandry for something as banal as a D.U.I. So, I think the whole thing shows America never lost its Puritan aspect and the barbarism that entails; for, I know this is not an issue, for example, in Germany. Nathaniel Hawthorne's "The Scarlet Letter" is not so much a "period piece", as it is an indictment of a nation.
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success although bittersweet
You are a very kind person, Pixie. You are very encouraging. I believe you about Indiana. Evidently, they recognize it, as House Bill 1211 passed 45 to 5 in favor. So, I guess they are trying to reform.
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Denied CA lvn license for 2 DUI's
Extremely well put, Karl. "A festering wound." That does sum it up. What makes it so bad is that friends and family will always speak to you in platitudes like "don't give up", when, in fact, that is exactly what you need to do. So you are torn between your gut instinct and wanting to not let anyone down.
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Another criminal background question :) Violent Felony
Will not be able to work anywhere that accepts Medicaid/Medicare. Period.
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Denied CA lvn license for 2 DUI's
Calmom, what you say is very true. What many do not understand is that it is actually a blessing in disguise to be denied a license as opposed to being granted a probationary license. A probationary license is worse in that it gives the holder a false hope of being able to be a nurse, and is therefore reluctant to quit trying, when, in fact, they probably should abandon hope. That is where I am at. I have a probationary license due to a misdemeanor from 2001 that I was not even convicted of, and 11 months and 400 resumes later, still no job. My family says I cannot give up, but in my heart of hearts I know it is over. My point is that your son at least holds no false hopes. Best wishes to you.
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My thoughts on 'what should I tell the BON'?
The changes that have happened in this country just since the early new millenium would boggle the mind. Used to be no one even asked about misdemeanors; today, they are as awful as a felony. If you have ever been arrested, you are essentially a criminal, even if it was a case of mistaken identity and you were able to prove you were having a blood transfusion when the theft occured. I am not exaggerating in the least. I was not even convicted-- case dismissed-- and I have a probationary license from the nursing board, and the judge refuses to seal/expunge my record even though the law (House Bill 1211 in Indiana) says he must. If I live to be 80 years old, I will never forget the sweat young lady who went before me at the B.O.N.. She had a solitary little, bitty D.U.I. a half decade earlier. The hoops they made that person jump through before they would even allow her to sit for her boards was science fiction. The poor thing probably could not even afford all the counselling they wanted her to get. Who would even still be prepared to take the NCLEX after a year of alcohol/drug counselling and clinical evaluations? And for a single D.U.I.? Until this starts happening to the loved ones of those creating and enforcing these silly rules, it will only just get worse. Save your money. If anyone reading these posts has a criminal record of any kind and still wishes to be a nurse, I hope you are either independently wealthy or very happily married to someone who can support you. In 2011, becoming a nurse with any kind of criminal background is the definition of a "pipe dream".
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success although bittersweet
Hi Pixie, Well, the judge refused to seal my record simply because he doesn't like the statute. So now even my civil liberties are being violated (the law says "the judge shall"). Of course, we are appealing. The complaint, evidently, among the legal community is that records are all over the internet and cannot be sealed, per se, so now my attorney has to summons the FBI, the State of Indiana, etc., etc. In all honesty, I just wish I could find a field where this misdemeanor thing isn't such a big deal. They say 100,000 people in Marion County alone can't find employment due to misdemeanors, and this House Bill 1211 was meant to address that, and now the judges won't even recognize it. Amazing.
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How is this fair?
I am pretty sure if the Almighty was going to answer a prayer, it would be that of the 70% of the American economy(working poor, working class, and middle class)-- the consumer-- who no longer has any home equity, no credit, and stagnant wages (if any wages at all), who can no longer drive the economy. Now that a debt deal has been passed, the consumer of last resort (government) has hand-cuffed itself, so there will be no unemployment extensions, no W.P.A., no C.C.C., as in the Great Depression, and Corporate America and the Wealthy will continue to invest overseas, wisely. If you were to open a McDonald's franchise in my ex-GM town of 50,000, I would call you a fool--- they are closing. You can't turn a profit selling 5 burgers a day to the few making good money. One ENTIRE hospital is getting ready to close (been around since 1889)! There IS a lesson here. Learn it.
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How is this fair?
It is Planet Earth, 2011, the United States of America. 60 Million people are praying for a job-- any job-- with no hope in sight. Prayers are not being answered because Jesus said,"Render unto Caesar's what is Caesar's". Everyone has free will, according to The Scriptures. If a school, a B.O.N., or a nursing facility wants to eliminate someone, that is within their right, legally, insofar as it is 2011 America. God will not intercede. If-- which is only 2 letters, yet the biggest word in the dictionary-- but, "if" someone is expelled from nursing school, that is as close to a sign from God as one will get. One may not wish to believe it; or, one may think otherwise. However, the message is clear. It is arrogant to think God will intercede on behalf of one wanting to go to nursing school, whilst ignoring the pleas of 60 million just wanting a job-- any job.
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success although bittersweet
Hello, Pixie, you wrote,"Oh dear, I just saw what state you are in, the most difficult state in the union. YOUR state wouldn't even recognise my nursing college. Can you apply to the surrounding states and then later, apply for recipriosity? I know the area is drivable to other state" I hear you, and thought about that myself; however, two things I think would happen: 1) This type of thing is getting more prevalent all over the U.S.(Ohio is even worse, I am told) 2) The cat is out of the bag. The I.S.B.O.N. has issued me a probationary license, and i am sure another state would just follow suit. Sure, I could hire an attorney, but I just cannot cope with all the expense and emotional trauma anymore. But thank you millions for the kind suggestion. It was very sweet. Thank you.
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please help
The problem is the "felony" charge. If it is inside of 5 years, especially, you are looking at an uphill battle from pillar to post, my friend. Read all the threads on this forum regarding licensure with a criminal past and you will see what you are up against. If you are having trouble even finding a school to take you (as a student you are the customer and they want your tuition), just imagine what the rest of the journey will be like.
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Finding a Job with a Probationary Status License
Hi Cinbar, Your story leaves me speechless. You understand, then, that it is impossible to relate these tales to most people because 99% of the population would not believe it. LOL People just look at me with a blank expression when I tell them I am an unemployed nurse. You would think a nurse practisioner would be above some of these things; but, I guess they even go after those at the top. I know from friends and relatives in Europe that this is an American problem--- guess we ran out of minorities to be biased against. Accountability is one thing, but it seems the various B.O.N.'s take it too far over here. They have to know one cannot do anything with a probationary license. Why don't they just bar those with probationary licenses? Eleven months into my ordeal and I still haven't decided what to do. I am waiting on my expungement to take effect, then I will try another massive round of applications. I do know I am going to set myself a time limit, after which I will never look back. Again, with your level of nursing education, no one in nursing is safe from this. It is like working for a company who constantly threatens to lay off. Talk about insecurity. Well, maybe our tales will make others think twice about what they are getting into. I wish I would have read this forum before I started nursing school.