Ever wondered what you can do if your LVN license application is denied? Appeal the denial! There are probably one of four reasons your LVN license was denied during the initial application to the Board of Vocational Nursing and Psychiatric Technicians:
- You have been convicted of a misdemeanor or felony
- You didn’t disclose a conviction when you should have
- You are applying for endorsement with past out-of-state license discipline
- Or you had another license that has been disciplined.
We have defended thousands of nurse applicants, for all of the above reasons, and have a 99% success rate of winning the appeal and getting you an LVN license in California.
PRIOR CONVICTION
The Board of Vocational Nursing and Psychiatric Technicians can deny an LVN license applicant for the conviction of any misdemeanor, and certainly any felony, especially those that are substantially related to the practice of nursing. The most common are DUI’s, theft, fraud, or assault and battery convictions. Having the conviction expunged will help, but that does not by any means guarantee an unrestricted license. The length of time since the conviction, evidence of rehabilitation, risk of recurrence and letters of recommendation are all critical pieces of mitigating evidence we use to win a LVN license denial appeal. We can give you some great pointers and a variety of things you can do following a conviction to increase your chances of getting an unrestricted LVN license.
FAILURE TO PROPERLY DISCLOSE
This is an ugly sounding basis for denial, because even though you may have made an honest mistake and didn’t disclose an expunged or old conviction, the BVNPT’s reason for the LVN license being denied will be “fraudulent procurement of a license” and accuses you of fraud for lying on your LVN license application. This mistake gets made so often because you are under the impression that an expunged conviction “isn’t on your record” or that a ten-year-old conviction “isn’t on your record” and there is no way the BVNPT will know.
HERE’S THE TRUTH: the BVNPT will know. As soon as you are Live Scan fingerprinted, the BVNPT has the same access to your “record” that the Department of Justice and the FBI have. They know everything. On top of that, the BVNPT is crystal clear on the fact that even expunged convictions or those that are 10 or 15 years old or even older, must be disclosed.
If you have been denied for failure to disclose, we can help. Please do not try to handle the appeal on your own at this stage. Your disclosure needs to be done perfectly, the underlying conviction explained and good cause presented for your initial mistake. “Sorry, I didn’t think I had to report it” isn’t going to cut it.
ENDORSEMENT WITH OUT-OF-STATE DISCIPLINE
Nurses licensed in other states may be surprised to find that California’s BVNPT is much harsher and the slap on the wrist in Colorado needs to be disclosed to California and that California’s BVNPT may very well deny your LVN license application. If you are applying for LVN license endorsement in California and you have had your LVN license disciplined by another state, please let us help you with your appeal of that denial. Nurses in this situation often give up and stay in the state they are in, not realizing that the California denial will now count as its own license discipline. This gives you two strikes against your LVN license; one that now has to be disclosed to all other states, including your home state!
OTHER LICENSE DISCIPLINE
Just as with nurses applying for endorsement with an out-of-state discipline, another type of license, such as an RN license that has been previously disciplined, can be the basis of your LVN license being denied. Also, just like with the endorsement application, if you don’t win your appeal and just decide to work as an RN, the BVNPT will count the denial as a discipline, you will have to disclose that to the BRN and it can and does create a horrible snowball effect. If you are in this situation, please let us help you with your LVN license denial appeal.
WHAT YOU CAN AND SHOULD DO TO GET YOUR LVN LICENSE?
If you are lucky enough to be reading this before you have even submitted your application, you are in great shape! You are far more likely to get your LVN license upon application and avoid a denial altogether if you get assistance with the application itself. If you have a past conviction, past discipline in another state, or on another license, let us help you with the application! It is inexpensive and guarantees that you are giving yourself the best possible chance of getting an unrestricted LVN license out of the gates and you can avoid having your LVN license denied at all.
If your LVN license was already denied, you will definitely want to appeal. A denial all by itself is considered discipline and appeals are tricky. They are fraught with deadlines, discovery requirements, hearings before the BVNPT and arguing with the Deputy Attorney General assigned to your case. While I cannot promise we can get you your LVN license without any restrictions once it has been denied, I CAN promise with 99.9% certainty that we WILL GET YOU YOUR LVN LICENSE and you WILL BECOME A NURSE in California!
Don’t feel like you have to fight for your RN/LVN license by yourself. Our nurse attorneys have an excellent track record of defending and retaining licenses against the board. Don’t make the common mistake of trying to do this alone, and jeopardize losing your license to nurse. Take the first step towards peace of mind by contacting our team today.