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Will I be able to get my lvn license after pleading No contest to penal code 550b 1. ?
Anonymous2 views5 answers
In 2009 I let a friend drive my car while I was at work. Well my friend hit a light pole and left my car at the science.then later called and said they had an accident panicked and left.I then called my mom to tell her she immediately called the insurance company reporting that I was the Driver when I wasn't, has been charged with felony insurance fraud! I recently plead No contest, and waiting to hear from the boards .
Insurance fraud is considered a crime of moral turpitude. This can absolutely have an affect on obtaining a professional license. If you didn't serve time in prison, you may be able to get your conviction expunged at some point down the road, but not until you complete probation and pay all fines. An expunged conviction would still appear on your record, however. If the Board of Vocational Nursing issues you a license and later finds out that you have a felony or that you lied on your application, your license will probably be revoked. Sorry to hear about your predicament.
You must contact an attorney who deals with Administrative Matters and licenseing. Call attorney Christine McCall in Pasadena. She is a frequent contributor to and the best around.
Andrew Roberts
Thanks for your posting.
The answer to your question is that it is not likely with this case on your record, that you will be able to get your LVN license without jumping through a few hoops. As others have noted, insurance fraud is a crime of moral turpitude, which is especially dangerous for employment or licensing purposes.
The use of a good attorney experienced in licensing issues would be able to help you greatly in this type of case.
I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.
I know an excellent attorney that can answer all of your licensing questions. Please contact me and I will give you their information.
Matthew J. Cohen
(310) 557-1700
This is going to be a difficult case. The crime is recent; you were convicted by plea; it is the kind of crime that licensing agencies -- particularly those in the health care fields -- care about very strongly: theft and fraud. LVN's often are dealing with persons who are too impaired to protect or keep track of their personal property, so this crime is going to hit some loud bells at BVNPT.
I can tell that you have not had legal advice to this point -- and I wish that you had. Your plea, the statement that you made in court, is a lie according to you because you did not do the criminal action. Licensing agencies are very high strung and reactive about false statements to government officials and in official proceedings. They can be very inflexible once those issues are part of a case.
If you are still on probation for the 2009 crime, you need to petition the court for an early end. California licensing agencies almost never issue a license to an applicant who is still on criminal probation. Also, you should petition for 1203.4 relief at the earliest opportunity.
I hope that you fully disclosed this conviction on your application for license. If not, I would e very pessimistic that you can be licensed as an LVN in the near term. But if you did make the required full disclosure, your application will most likely be initially denied, and you can then appeal that denial through the administrative appeal process. You will need legal counsel if you are to make an effective appeal at the hearing before the Administrative Law Judge.
BVNPT may offer you a probationary restricted license as a means of settling your appeal. That can be a good start for some license applicants. The probation will end in 3 or 4 years and can be petitioned to end earlier in some cases. But it can be exceedingly difficult to find regular LVN employment with a restricted probationary license. The major employers and most facilities do not hire LVN's with probationary licenses because of the provisions of their liability insurance.
Below is a link that specifies the conditions of license probation, and the factors demonstrating rehabilitation. Read these very carefully. If you are going to appeal the likely denial of your license application, use the time between now and your administrative hearing (probably about a year) to build as strong a record as possible according to the specific factors of rehabilitation that the Board is required to consider and give weight.
All said, you have a very tough case and if you are truly set on a career as an LVN, I recommend that you retain counsel to assist you in navigating the process. You will need counsel shortly anyway for the appeals hearing -- better to get a good lawyer on board now to assist in the strategic and timing choices. Best of luck to you.
BVNPT Disciplinary Manual with Conditions of License Probation: http://www.bvnpt.ca.gov/pdf/discguide.pdf