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Is it supposed to take this long? Convicted felon from years ago trying to pursue career in Nursing.

Dallas, TX |

I applied for a college a few years ago. I hired a lawyer because I was declined by the BON and was told to try to get accepted again. I graduated and have been accepted into the nursing program but without the BON acceptance I cant do anything. My lawyer isn't doing what I paid him for. I have done all the neccecary things asked to prove Im a good person now. I have been patient for years now and I don't know if I should hire a different lawyer or what?

Attorney Answers 3


This is not a criminal defense question.

This is a question about state licensing, nursing licensing to be specific.

That is a question of what is called "administrative law".

If you have concerns about whether the lawyer you hired is doing the work, you need to just go ahead and ask to meet with the lawyer and get an update.

Or, you could simply hire a different lawyer.

I'm going to move your question to the "licensing" category so you may get some better answers.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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3 lawyers agree


With respect to the answer from the other attorney, all of his suggestions are valid possibilities.

There are many things that are not clear in the question, issues raised by the facts you have cited. What is not clear are the reasons you are taking the steps you are taking. If you have a reason to believe that you may have a issue that will possibly preclude you from getting a nursing license (criminal history, alcohol/drug dependency, psychological issues, etc), you can file a petition for a declaratory order with the Board of Nursing. The petition asks all of the same questions that the Board will ask with the application for licensure when you are close to finishing nursing school, but this can be done even before you apply to nursing school. It is unclear from the information provided if you have filed this petition. And it does not take three years for the Board to deal with those petitions.

This answer is limited to the facts presented in the question as posed above. This answer does not create an attorney client relationship as 1) I do not know your identity, or 2) have I ever spoken with you. If you feel you need legal representation, I recommend that you consult with a licensed attorney in your jurisdiction. I am licensed in Texas

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1 comment

Marc Marinus Meyer

Marc Marinus Meyer


I wasn't paying attention to the title of this post, but if you have filed a petition, it should not have taken three years. Also there are many facts not presented here (which you should not share here) which make a huge difference in how to proceed in this matter related to a felony, especially if it was a felony dui. There may be some timing issues at play here with when to actually file the petition for declaratory order. You need to speak with an attorney experienced with administrative law and specifically with the Texas Board of Nursing about this matter.


I have experience dealing with the Texas Board of Nursing in my former role as an Administrative Law Judge with the State office of Administrative Hearings. I will say that Katherine A. Thomas, the Executive Director Texas Board of Nursing takes a very hard line on any sort of criminal conviction, as do the BON rules. If you have a felony conviction for some sort of substance abuse, you may face an insurmountable hurtle to becoming licensed as a nurse in Texas. That being said, you can research the decisions online from SOAH if you know how to do that. I think those proposal for decisions from judges at SOAH will support what I have just said.

But, if you have a pending application, I wouldn't be afraid to call Ms. Thomas and discuss it with her. I am sure she will be quite candid with you. You may indeed be wasting your time and money and may want to redirect your occupational goals.

Besides the proposal for decisions from the SOAH judges, there are plenty of hundreds of past decisions from the BON that are exactly on point with your case (whatever it is-they just have so many). Researching those will give you some degree of certainty of the likely outcome of your matter, even if that outcome is disappointing to you.

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