Traveling to CA with stipulation

NedRN · Apr 15, 2016

I'm not sure if your employer (agency or hospital) even needs to know about probation. I would check with the BON to find out if probationary status comes up or not with a license check. It might and if so, full disclosure to employers is the way to go. It might have already affected your other licenses, or they may be void if you failed to disclose a prior criminal record.

In any case, the agency shouldn't care unless their insurance is impacted or they otherwise feel you represent an unsuitable risk. Hospital decision usually.

What do you mean denied? How can you be placed on probation unless they are willing to issue a license?

Achieveanything · Apr 15, 2016

Hi Ned,

Yes the probationary period comes up with a license check and from what I've heard it stays online for up to 10 years. I've been licensed in two other states will full disclosure of convictions and have been given licenses with no stipulation. CA is just really tough on individuals with a record.

I will contact the agencies I have been in touch with and find out how traveling with a stipulation works.

When I say denied I mean the CA BON denied my application and stated I can appeal. By appealing I have two options agreeing to a stipulation or waiting again one year to have my application looked at again. So what I've read is that they usually deny most anyone with a conviction and some prefer to work outside of CA due to the many restrictions that come with agreeing to a stipulation.

So basically they will eventually give me a license as long as I agree to their terms of "their probation."

Their probation also discloses all court documents online as an attachment to the actual license from what I've read.

NedRN · Apr 15, 2016

Unless you need to work in California in the near term, I would appeal. Especially if you have already been a nurse for 3 years, you can cite problem free professional practice and no private life criminal behavior during the same period length as probation would have been. You might also mention how many licenses you have received and worked under successfully without probation being required.

It might be worth finding an attorney with CA BON experience. Even if the BON don't allow personal representation at a hearing, an experienced attorney will be able to help you prepare your appeal statement and supporting evidence. Perhaps some references from hospital executives where you have worked, or state legislators, or other state BON statements about you. I think the right person would be easily worth a couple thousand dollars to you, especially if your appeal is successful of course.

Achieveanything · Apr 16, 2016

Yes I plan on rewriting my letter of explanation. I've been a nurse for about 7 years now. And never had a problem with the letter of explanation that I give. CA is just an obstacle course right now, smh.

Thanks for the advice I will rewrite my letter and include the things you've suggested. Never thought about looking into an attorney but it just might be worth it. I will check into that. Thanks for the advice and information.

Achieveanything · Oct 20, 2016

I did edit my letter however I was still denied. I haven't received the stipulations letter from the AG as of yet. There was a post I was following a while back and the poster would send a copy of his letter to anyone who asked but he hasn't been on in a while. When I get the terms I will then decide if I want to appeal or just have the stipulations. AG is really slow. If you happen to get someone at the board they can look in your file and tell you who has your file at AG and provide you a phone number so you can check on the status. CA is ridiculous, I have applied to other states in the meantime and have received unrestricted licenses. If you have any other questions feel free to PM me.

NedRN · Oct 20, 2016

If your misdemeanor has been expunged, is it necessary to report it? Does it show up on background checks or license checks? Too late now of course, but interesting nonetheless.

Did you explore legal representation?

pinktermite · Oct 20, 2016

Ned the answer is no, if expungement is properly done (depending on charges and on particular state) then it is proper to answer "no" to the question on convictions and the charge and plea disappears from all background checks. The problem comes when people don't know the law and how to proceed. Many even think they did it correctly when they did not. Many attorneys don't know either, which makes it harder still. Most often the plea of guilty is removed but the charges remain, and that's how they catch people in these inadvertent lies and/or miscommunications. Always get good legal advice beforehand. The problem is knowing what that is. Like medicine, get more than one opinion.

NorthGoingZax · Oct 20, 2016

Actually in the state of California no matter if the expungement was done correctly or not you still have to report when applying for a gov. license or running for public office. You have to report it to the Board or it will be found and you will automatically be denied for nondisclosure. Regardless of the expungement, the results will always show up on DOJ/FBI finger printing and next to the conviction it will says "dismissed". However, if you have a proper expungement you do not need to declare it on job applications and my experience is that it is not found on non-fingerprinting private company background checks.