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After being denied an LVN license, when can i reapply?

Cerritos, CA |

i had a DUI 2 years ago exactly, it is my one and only conviction. stayed out of trouble since. But i have one more year of informal probation. if i am denied a license, when can i reapply again?

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Attorney answers 3

Posted

The notice of denial of the application for license will specify the period of time in which a new application cannot be submitted. Ordinarily, the shut-out period is 2 or 3 years, but the licensing agency has the power to specify a different length of time and sometimes limits it to 1 year, depending on the specific bases for the denial. BVNPT can also specify compliance with certain conditions in order to be eligible for a subsequent application.

It is important to know on re-application following denial of a license application, that the applicant is not proceeding on a "clean slate." The new application must take into account and effectively manage the application history and any issues of previous failures to disclose, prior convictions as substantially related to licensed work, etc.

You may want to talk with your DUI attorney about the possibility of requesting an early termination of probation and about any post-conviction relief for which you can qualify. All of these can be effective evidence in support of a license application by an applicant who has identifiable license issues based on prior criminal offenses.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

John M. Kaman

John M. Kaman

Posted

As always Ms.Mccall's answer is as good as gold. She is a super asset to this forum.

Posted

Ms. McCall is absolutely correct. She is the expert and attorney I would use for this matter. You should try and get an early termination of your probation for the DUI . Contact your attorney or me if you have further questions.

Posted

Generally speaking, if you are denied a license, you can reapply once one year has passed from the effective date of the denial. The effective date of the denial will usually be either the date the Board issues a denial letter if you fail to request a hearing, or the date the denial decision becomes final after a hearing if you request a hearing. Whether this answer is actually helpful to you depends on what is going on with your license application right now.

If you have a drunk driving conviction with a relatively low blood alcohol level and no other complicating factors, as long as you are honest about the conviction on your application, you should have a good chance of getting a full (non-restricted) license granted, after the Board has had some time to study the conviction. If there are complications, it is more likely the the Board will grant a license but on a probationary basis, rather than to deny the license, or you can see if an administrative law judge will propose to the Board to give you a non-probationary license. However, upon receipt of a Board license denial letter you must request a hearing to open up these possibilities.

You can get good information about your chances for licensure by having a professional license attorney such as myself discuss the facts of your case and review the police report and court documents. Whatever decisions you make, I strongly recommend that you choose an experienced lawyer to help you with this licensing matter. Also, if you have not applied for the license yet, you should have an attorney either help you write or review your explanation letter to the Board.

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