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Texas BON and Declatory Order

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My situation is driving me crazy! I had some things come up on my FBI background check but they had been expunged. So, according to the Declaratory From they need not be disclosed. So, when I got the letter from the BON stating that I had a hit on my background check, I immediately sent them certified copies of the expunged orders signed by a judge. I didn't send in a declaratory order with it or a statement concerning those issues because as they say "they need not be disclosed."

Well, two weeks later I got a letter from the BON saying I needed to fill out a declaratory order to start a file on me, so I called them to ask some questions. Mainly why do I need to fill out the DO? She stated because I had a positive hit on my background check. I informed her that I understood that but that I had sent in the court orders expunging the records. Now, here's the crazy part. I told them I would fill out a DO but where it ask about criminal offenses I asked them if I could check NO because my records have been expunged. They told me they couldn't answer that question. I then told them under Texas law and in their own statement that "expunged/sealed records need not be disclosed" and that I had the right to answer NO, they again stated that was up to me and that they couldn't help me at all on making that decision because of possible legal ramifications. They also stated that if I answered NO that could delay my approval and if I answered yes it could also delay it. I mean they are literally no help at all and seems like they are trying to trap you. So, I filled out the DO and checked NO to the criminal charges question. Now, I'm wondering if they will try to hold that against me and violate a judges order and Texas law. Again, if they do this they will be violating Texas law. Below is the Texas law:

Art. 55.04. VIOLATION OF EXPUNCTION ORDER.

Sec. 1. A person who acquires knowledge of an arrest while an officer

or employee of the state or of any agency or other entity of the state

or any political subdivision of the state and who knows of an

order expunging the records and files relating to that arrest

commits an offense if he knowingly releases, disseminates,

or otherwise uses the records or files.

It seems to me they are already violating Texas Law by having me fill out a DO knowing that my records have been expunged and therefore can't use that against me. By talking to them I have become even more confused on my rights concerning the BON. I mean what good is having your records expunged if they are going and turn around and violate the judges order and use that against you? I was told in the first letter that it would take 30 days to process so I made sure to get the expunged orders sent to them on time but now with this second letter that I received 15 days later requesting a DO it also states that it will take 30 days to reach a decision. So, I'm running out of time as I have to have this resolved by the end of this month, if it's not resolved I will have to leave school because I can't attend clinical rotations. I have this feeling that in the end they will screw me over because they don't like it when their power is taken away from them. I hope I'm wrong but they don't seem to be helpful at all and have zero sympathy for anyone's situation. I have complied with everything they have asked and not to mention these charges are from 16 years ago and don't involve crimes serious in nature. Anyway, I will post when this reaches a conclusion and hope this helps people who think that having an expunged record will help them with the BON, because it doesn't.

Edited by Razorback5

meanmaryjean, DNP, RN

Specializes in NICU, ICU, PICU, Academia. Has 40 years experience.

You need an attorney who specializes in BON cases. Seriously

RNIBCLC

Specializes in Maternity.

I agree with previous poster. The Texas BON does not care about you. They are only concerned with protecting the public. Seek an attorney ASAP !

Well, I got my approval from the BON a day before I was to be removed from the program. Even though legally I don't have a record they still sent me the letter stating that I must paper file to take the NCLEX 90-100 days before I graduate. Don't get me wrong I'm glad that I'm allowed to continue in my program but still amazed that they can violate the law by still considering me to have a criminal record when those record have been sealed. I guess I will take it for now but this isn't over yet.

Esme12, ASN, BSN, RN

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 41 years experience.

Well, I got my approval from the BON a day before I was to be removed from the program. Even though legally I don't have a record they still sent me the letter stating that I must paper file to take the NCLEX 90-100 days before I graduate. Don't get me wrong I'm glad that I'm allowed to continue in my program but still amazed that they can violate the law by still considering me to have a criminal record when those record have been sealed. I guess I will take it for now but this isn't over yet.

I believe in matters that involve public safety like a police officer or nurse...there is an exception to that rule.

Have you spoken to a lawyer?

What does must paper file to take the NCLEX 90-100 days before I graduate mean? I am in this same process sending in my declaratory order with an expunged record (certified copies) and expunged arrest, checking no on the declaratory order in accordance with the law and in accordance with my bon attorney's instruction and her conversation with the bon's criminal attorney saying that by law we don't have to say anything other than it has been expunged. So, what does paper file later mean. Thanks.

Edited by sirI
edited format

I to am stressed out of mind with this D.O. stuff. I am just learning all the things I have to do to get this done and I sent my information to the BON feb. 2. However, I also have been told by my school that I can not attend clinical's if I have not received approval by the BON before I am scheduled to start my clinical's. Did I mention that I am suppose to graduate May of this year??? Talk about extra stress. I have read all kinds of things and I feel like my stuff will end up going to enforcement and if it does, my school will make me take an "I" in my courses and sit out until the board makes a final decision. Praying for a miracle but preparing for the major set back.

I to am stressed out of mind with this D.O. stuff. I am just learning all the things I have to do to get this done and I sent my information to the BON feb. 2. However, I also have been told by my school that I can not attend clinical's if I have not received approval by the BON before I am scheduled to start my clinical's. Did I mention that I am suppose to graduate May of this year??? Talk about extra stress. I have read all kinds of things and I feel like my stuff will end up going to enforcement and if it does, my school will make me take an "I" in my courses and sit out until the board makes a final decision. Praying for a miracle but preparing for the major set back.

Oh man! That is very stressful! I feel your pain. I graduated in December and I'm waiting for my ATT from the Enforcement Department and I have a job that starts February 23rd. I've been waiting for about a month now praying it doesn't take the entire time. When do your clinicals start?

My first clinical starts Feb 24, I know I won't have any answers by then so I will have to sit out of them. My other rotation starts March 31, I'm praying everyday, all day that I make them. I'm not as stressed waiting on the BON, its the fact that my graduation may be delayed until a decision is made. I had no idea that my school could force me out of clinicals for this. I've come so far, I just want to graduate.

Aw man, I'm sorry to hear that. Yeah I know the feeling just want to be done with it.. Especially being this close. Well as cliche as it sounds.. Everything happens for a reason.. Even though we can't see what that reason is right now. I'll pray that you hear something back soon!!!

I have an update... I called the Tx BON this am and it turns out that my case is going to review. I have not received the letter yet, but she told me when I do, I need to send the $150 and from then, its a 90 day process. I will have to tell my school this and pray that it doesn't affect my graduation. This process is so stressful. I'm wondering has anyone ever had a result sooner than 90 days? I saw that the board has a scheduled meeting mid April and I am wondering if my case will be handled then. I need prayers and a miracle at this point, but I'll keep everyone posted on the final decision.

I have an update... I called the Tx BON this am and it turns out that my case is going to review. I have not received the letter yet, but she told me when I do, I need to send the $150 and from then, its a 90 day process. I will have to tell my school this and pray that it doesn't affect my graduation. This process is so stressful. I'm wondering has anyone ever had a result sooner than 90 days? I saw that the board has a scheduled meeting mid April and I am wondering if my case will be handled then. I need prayers and a miracle at this point, but I'll keep everyone posted on the final decision.

Mla30 I am in the same boat as you. I am devastated. I had the exact same thing happen except I am probably going to have to take a semester off of some sort and my graduation will have to stay pending. It's so sad and scary. Especially since it's a lengthy process. I am praying for positive thoughts and surrounded by positive people.

I feel really alone in this process. I am more than likely going to hold off on my clinicals and graduation. Has anyone ever been able to stay in the program while in enforcement?

I am still in my program so far, but it has been an uphill battle. According to my school, certain clinical sites wont allow a student to enter their facility with a criminal background, but with my situation, my actual background and fingerprints are all clear because I had it all sealed up back in 2010. Every other week though, the story changes and my graduation and current enrollment is held over my held. I pray we both get the outcome we desire in a timely fashion. Good luck.

My school (PV) told me the same, I found out about enforcement the day before spring break so they told me I'd have to wait for a decision from my program soooo this break has been a hellish suspense instead of joyful and stress-free. My background is clear I'm all good so hopefully they can find it in their heart to let me go to clinicals or even complete graduation. :(

Got a letter on 3/24 stating I needed to accept or reject a corrective action(ethics course and pay $500 within a year of getting my license) I needed to sign and notarize it within 20 days, they will send final agreement, file will be sent back to licensure department, and I will have my ATT!!! I'm hoping to have it no later than May!!

I am still in my program so far, but it has been an uphill battle. According to my school, certain clinical sites wont allow a student to enter their facility with a criminal background, but with my situation, my actual background and fingerprints are all clear because I had it all sealed up back in 2010. Every other week though, the story changes and my graduation and current enrollment is held over my held. I pray we both get the outcome we desire in a timely fashion. Good luck.

When you say you had yours sealed back in 2010 do you mean a Non-Disclosure for a deferred adjudication?

Got a letter on 3/24 stating I needed to accept or reject a corrective action(ethics course and pay $500 within a year of getting my license) I needed to sign and notarize it within 20 days, they will send final agreement, file will be sent back to licensure department, and I will have my ATT!!! I'm hoping to have it no later than May!!

Did you have to pass up that job offer? I have one and I think I will need to pass it up bc this process is taking a long time. :(