Is there any chance of me getting a license. I have a hearing on Feburary 4. 2013. I am beeing investigated by the attorney general a one of my reference was faxed the reference that i re-wrote and signed his signature because the original was destroyed. And he told the attorney general that it wasn't his signature. Wasn' trying to be deceving.
Administrative Law Lawyer
You should not be going through a hearing before an Admin Law Judge on a State denial of license without legal counsel. You will be the only person present who does not have an attorney, but you are the only one there with anything at risk or at stake. This just makes no sense.
In general, an LVN license should be obtainable notwithstanding a single incident of misdemeanor theft 10 years ago. The critical evidence would be the applicant's narrative statement pertaining to the underlying facts and circumstances of the prior theft offense, and the mitigation package as specified in the Business & Professions Code. I have no doubt that you are not prepared to offer either type of evidence to the ALJ on Feb 4.
The issue of the genuineness of the letter re character evidence is a complicating factor and a potentially troublesome mistake that would not have occurred if you had engaged legal counsel. No attorney can now make this issue just go away, but you will need to deal with it effectively or the ALJ will make a finding against you on credibility grounds.
My best suggestion is that you request a continuance for the purpose of engaging legal counsel. Administrative hearings re licensing are expensive and many potential licensees and license applicants cannot afford to go through the fight. But that does not make limping through without counsel to an inevitably unsuccessful result the better option. An attorney may be able to negotiate your matter to a successful or acceptable conclusion with the AG's office if there is satisfactory evidence on the critical issues (including the issue of the letter re character evidence).
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