How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Employment Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

My name is casey and I had been a nurse years at a level one

Customer Question

Hello my name is ***** ***** and I had been a nurse for many years at a level one trauma center. I have struggled in the past with an alcohol problem and did join the tennessee proffessional assistance program about 13 years ago and was relesed from it after 6 months with a stamp of approval. 6 years ago I relapsed on drugs as well as alcohol and went to inpatient rehab. I was fired and did desearve to be fire but as a nurse diverting I had charges pressed, was convicted and did recieve probation. I am grateful I was caught because it saved my life but despite being clean for 6 years and working as a drug and alcohol counselor It appears that my career is over and that I will never get my liscence back. However my current employer has endorsed and will support my return to nursing and have noted " it just isnt right that your punishment was so harsh when so many others have done the same and they are all still nurses." With that being said I am petitioning for a pardon to Congress Jimmy Duncan with the 100% support of the treatment center I work at. I remember the day I was fired.....with a positive drug screen the hospital I had served as a leader in trauma...released me to the lobby not even seeing that someone picked me up as I was not save to even drive. I thought I was worth more than a piece of trash thrown out of the hospital window. I deserve another chance. It is sad that a helping institution will not help their own. I just feel that this has been overly malicious. Do I have a case?
Submitted: 11 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Congratulations on your rehabilitation - that is extraordinarily difficult and something to be proud of.

Regarding your licensing - that is something you need to deal with in addition to, and outside of the pardon that you are seeking. Licensing bodies are permitted to look at past convictions (as well as past disciplinary actions) even if they have been set aside, pardoned, or expunged - as the purpose of the licensing exam is not punitive, but for "occupational restrictions" (I understand that the application may seem punitive, but the application is deemed sufficiently distinct that the licensing agency is entitled to review such conduct even after the act has been expunged, etc.).

Given the history that you have with your license - your best odds for getting your license back is to hire a very specific type of attorney to represent you. There are attorneys (not many of them, and they are usually located in state capitols), that represent professionals before licensing and administrative bodies (such as attorneys before the bar association, doctors before the medical board, nurses before the board of nursing, etc.). They often represent professionals before all, or multiple agencies (there is not a lot of difference in the procedure or basic underlying standards) but this type of representation is different from your basic civil litigation.

You can find these attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Related Employment Law Questions