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.
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.
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 a felony and a misdemeanor theft case both deferred adjudication. I sent my declaratory order in October 2014. Received letter in November needing $150. Sent funds in February, received on the 9th by board. Received letter today with stipulations. April 16 2015. 65 days. I'm signing sending back on tomorrow and should receive within 30 days. I'm happy! I've seen where people are waiting years.
I have a felony and a misdemeanor theft case both deferred adjudication. I sent my declaratory order in October 2014. Received letter in November needing $150. Sent funds in February, received on the 9th by board. Received letter today with stipulations. April 16 2015. 65 days. I'm signing sending back on tomorrow and should receive within 30 days. I'm happy! I've seen where people are waiting years.
I have a friend who has a DWI that is sending in her Declatory Order.
She is afraid of what they will say.
So you said they gave you stipulations. What are the stipulations?
I have to work as a direct care nurse once licensed at hospital or nursing home only one job, have to be supervised by another lvn or rn, take a 6 hour course nursing jurisprudence and the critical skills course within one year. Stips are for one year only. Have to report performance every quarter.
Im glad things are moving along for you, even though, yes, its a process. I went to Austin today, met with BON and was told I have to do a forensic eval w/polygraph. I don't even know what that is or how it works, but I drove my behind all the way to Austin from Katy, had to rent a hotel, find babysitters, etc, just to be told that. Im so disappointed, but I guess ill just keep jumping the hurdles the BON is laying down in front of me.
laurenj1975
5 Posts
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?