What to do when applying for RN License and Pending DUI case.
I was arrested in October 2014 for DUI with a BAC of 0.15. My case has yet to be resolved and still in the process. Is it better for me to wait it out until the case is completed to apply or should I start doing it now with the current arrest records and police reports given? I'm asking this because my school just sent out the transcripts this month and students are starting to apply. I know its going to be a rough/long road, but I want to give it a shot.
Most likely the answer is that you should wait until the DUI case is resolved in court. However, I recommend that you set up a confidential conversation with an experienced licensing attorney who can help you prepare your application, respond to any questions and pull together any supporting documents. that attorney will also help you decide the best time to submit your. Your BRN application.
If you submit an application so soon after a DUI you can expect the application process to take much longer. in similar cases I have seen the BRN initially denied the application while still allowing the student to test. the applicant then has to go through an appeals process in which they have the option of accepting a probation and or going to an administrative hearing.
if the application ask for convictions you can justifiably say no if this particular licensing as if he is entitled to arrest as well then you have to say yes and explain that the case is pending they probably won't Grampy license if they know it is pending but if they're only interested in conviction and you say no it's possible that you will slide underneath the radar. If you were a licensed nurse your licensing board is made aware of even in a rest by the Department of Justice but since you were in between only the licensee agency will be able to say. But if you apply now or you play later one way or the other they're going to know so you might as well try now
In almost all circumstances, California's Board of Registered Nursing, like other CA State licensing agencies, will decline to issue a professional license to an applicant who is then and there on probation to the criminal courts. The exceptions to this policy are very few and extremely rare. Almost certainly you will need to conclude your DUI matter and complete your DUI probation before BRN will issue the license.
You should resist the impulse to "give it a shot" even where denial can be predicted. Denials of license are not "for free." Denials become application "baggage" that must always and forever after be accounted for in the State licensing process. It is generally strategically important to avoid an actual denial.
Be sure that your criminal defense attorney understands your career and professional licensing issues. Negotiate for the shortest possible probationary term re the DUI. When you pass the halfway mark in your probation, make a request of the court to have your probation terminated early.
Most importantly, use this enforced down time to put together an undeniably strong case for rehabilitation -- i.e., the affirmative evidentiary showing that will be necessary to secure the license once your criminal probation has been completed. A consultation now with a skilled and experienced licensing attorney (one who practices regularly and successfully in BRN matters) can assist you to identify the showing that you will need to make to BRN post-conviction, and can assist you in constructing the best possible evidence and record of rehabilitation. These will be critical to obtaining the license once your probation is completed.
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The expert on this is Christine McCall in Pasadena. You should give her a call ASAP. I know of no better source and hopefully she will answer here, she is very active on avvo. Good luck to you. Hope these answers help?
I agree with Attorney Finnecy that Christine McCall and Mike Claessens of the Licensing Advocates Law Group in the experts in this licensing area. I also agree with the other attorneys that it will be difficult for you to secure even a restricted RN license while your case is still pending. Administrative agencies generally want to see relevant convictions expunged, and the passage of time during which rehabilitation is demonstrated. You should get the DUI case resolved as expediently and favorably as possible, and then work on demonstrating that your arrest and conviction were an abberation and not indicative of the person you are. If that involves going to AA and/or an alcohol treatment program, then you should take those steps.
You are probably better to go ahead an put it down rather than applying and them thinking that you are trying to hide it from them. You can explain to them that it is pending now but will be resolved at some point.
In California the obligation to disclose the pending criminal case to the State licensing agency is mandatory by statute. Failure to disclose the criminal case will not only cause a denial of the application, it can be prosecuted as a misdemeanor criminal offense. I think the asker was inquiring about the timing of the license application, and not about the potential for failing to disclose the current DUI case.
If your case is unresolved in criminal court, it is unlikely the nursing board will certify il you until this is over. You have two battles: the criminal court and the nursing board and they are in different fields completely. Find a good Dui attorney to assess your case and fight for you. But also find out the consequences of a DUI with the nursing board. Your attorney should take your career plans into consideration before deciding a strategy.
