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Felony Charge

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Posted almost 2 years ago

 

Ok, so I have been doing some research and really haven't fougt a stright answer to this question. Heres my story:


Two years ago I was pulled over for "not using my blinker". I was driving my roomates car and was only a block away from our house. When the officer asked if he could search it, I didn't think anything of it. And agreed. Turned out they found some pill in her car. When I called her to come down, she came and told them that they weren't mine, but she didn't know who they belonged to. So, of course, I got to take the charge. When I got home, I found out that she was actually selling drugs and I moved out 3 days later. When my court date finally came, they charged with me a 3rd degree felony posession of a controlled substance between 1 and 4 grams. I got 5 years of defeered probation. From what my lawyer told me, this means that I will not actually be convicted of the felony as long as my probation is completed successfully. Which, I'm not at all worried about, seeing as I'm not even on a specalized case any longer due to passing all drug test with flying colors. I was never one for any of this and had never even had so much of a speeding ticket, so my aggervation has been the only thing getting me through this. Of course, I also understand that I will have the charge on my record, just no conviction. Which brings me to my confusion...


Ive been going to school doing all my prereqs so I can enter into the nursing program to become an RN. After all this happen, I took a break, not knowing if all my efforts were going to be for nothing. Ane then a few months later, found out I was expecting. I had my daughter 2 months ago and she has completly changed my entire world. I know I need to get back into school so I can provide her with a better future. However, before I enter back into it, I need to know if I'll be able to continue on the path I was on for schooling. I currently live in TX  btw. Anyway, my basic question is, does anyone know if in the state of tx you can become an RN with a charge NOT a conviction. I will not have a conviction what so ever on my record.  A friend of mine told me that she has a few friends who have charges and they are nurses. She even has a friend who has a theft and drug record and is a nurse. I just dont know how much truth or the circumstatances are in those statements. And I dont want to waste time going after something that I will only be turned away for. I know it may not be easy for me to get a job until some more time has passed. But, school wont be done until after I'm off probation and everything with that is settled.


Everything I've read has talked about conviction. But, like I said, I will not have a conviction on my record. I'm just really confused and could use some direction or even better, an answer, on this question.


 


Thank You

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Rated: +2 | Posted almost 2 years ago

 

Hiya, I think you should get in touch with the BON.. They are really the only ones who knows what's allowed and whats not..  And I know that the states are different. So do some research and find out about these answers ..I want to wish you the very best of luck and may God Bless you in your future endeavors...Teresa

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Rated: +2 | Posted almost 2 years ago

 

I agree with Teresah!!!! Here in FL, it can be a charge, doesn't have to be a conviction!!! They can tell you that your record is expunged, but you still must disclose the fact to FBON when you're applying for licensure!!!! If not disclosed, it can hold your application up indefinitely!!!! You need to take with a TX lawyer who specializes in restricted licensure cases-this is really out of my league of expertise!!!!!!!! I  do believe that most BONs look @ a nurses' individual circumstance/record to make their determinations.


Shonna or 09157238

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Rated: +2 | Posted almost 2 years ago

 

Teresa and Shonna have you on the right track.  One piece of advice that I had to learn the hard and expensive way.  Lawyers are not just lawyers, anymore than nurses are just nurses.   They specialize in medical, medical malpractice, injury, medical fraud, etc.  You get the idea. 


Find an attorney who specializes in the field that you are searching for help in.  By talking to the Board of Nursing in your state and reading the law and case law (should be easy to find) you should have a rough idea what will be required of you, but more importantly, when you are talking to the attorney, you will have a better idea if he knows the field or if he'll learn about it (by the hour) with your case.  (My first disability compensation case involved the latter and I had to have a second attorney guide him through the mine fields).


Another reason to read the case law beside learning about the bent of the courts in your area, is that you can gleen the names of prosecuting and defense attorneys.  Try to find a guy who wins a lot.  If you cannot get the guy/gal that you want, see if they have a partner who could look at your case.  You will still have the indirect assistance of the guy you wanted to begin with.


Please keep us in the loop.  There is a lot of experiance on Nursing Link and maybe we can help out here and there.


Dr. Tom Conrad

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Rate This | Posted almost 2 years ago

 

Great posts..

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Rate This | Posted almost 2 years ago

 

Try to get an expungement...

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Rated: +2 | Posted almost 2 years ago

 

BTW.. I am from Texas and I have been excepted into the RN program for two semesters now, but I have to wait for my background check to clear. I will start the RN program in January 2012.  I should be starting this August, but the Texas BON is taking too long in sending me the clearance letter.  Having said that, I really think you need to get a back ground check, (the one that TBON wants you to get), NOW before you go anyfurther.  TBON go off of your arrest record, so if you were arrested for anything, it will show up. My school wants you to have a clear background check before you start the program because you start clinicals within 3 weeks of starting.  It has been a year since my background check and I am still wtg.  This is all due to a DUI in 1986 and an open container in 1989!!!  Yes that is correct, over two decades old!!!  So they don't play around.  I have had to jump through hoops with them so far everything is looking great to start, I just need that dang clearance letter!!!!!!!  They take forever.   So my suggestion to you is to get your background check done now, it will eliviate any problems later on down the road.,  You don't want to be ready to take the NCLEX and then have to wait a year on the TBON.  Your situation is not bleak.  After the TBON gets your background check, they want you to send them all court documents pertaining to the incidnet.  Then you have to explain in a letter what happened and what you learned from the experience.  Then they may have you see an evaluator.  All of this so you can take the NCLEX.. My school has you do this before even attending, so when this is all done, I won't have to do this again at NCLEX time.  I hope this helps.  Don't give up, you might have to jump through some hoops, but if you really want to become a nurse then it will pay off in the end!!  The best advise I can give you is to get the back ground check done now so you will see what you are up against. 

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Rate This | Posted almost 2 years ago

 

Good advice...Next....