Can I get EDD benefits after nursing license revoked due to dismissed arrest?
I'm in a really tough situation and desperately need advice. I've been working as an LVN for almost 7 years, but in April 2025 I got arrested following an altercation at a bar (not work-related). The DA ended up rejecting the case completely - it never even went to court! But last month, the Nursing Board sent me a letter saying my license was being suspended pending an investigation, and I can't work in any healthcare facility during this time. My employer had to let me go immediately. I filed for SDI because I was having panic attacks, and my doctor certified me for 4 weeks, but that's about to end. Can I apply for regular unemployment now that my disability is ending? I've never been in trouble before this, and I'm working with a lawyer to appeal the board's decision, but that could take months. I have bills piling up and don't know what to do. Has anyone dealt with something similar?
17 comments


Cameron Black
Hey there, I went through something kinda similar with my pharmacy tech license. First, make SURE you're applying for UI and not continuing SDI - they're completely different systems. Since you were essentially terminated due to the license suspension (not misconduct at work itself), you should qualify for regular UI benefits. When you apply, be careful how you answer the reason for separation question. Don't say you were fired for misconduct - select something like "other" and explain that your professional license was temporarily suspended pending investigation, but your actual work performance was not the issue. The EDD will likely contact your employer to verify. One tip - if you have trouble getting through to EDD (which you probably will), check out claimyr.com - they helped me get through to an actual person when I kept getting the "too many callers" message for days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km
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Victoria Jones
•Thank you so much! That's really helpful about how to answer the separation question - I was worried about that. I'm going to try applying tonight. Did EDD question you a lot about your license situation when they called your employer? I'm nervous they'll automatically deny me because of the license suspension.
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Jessica Nguyen
your not eligibe for UI if u got fired 4 misconduct, thats what my cousin found out. he got fired for a dui and they denied him benefits. licensing boards r super strict about arrests even if charges dropped.
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Isaiah Thompson
•This isn't entirely accurate. Misconduct generally refers to actions taken AT work, and licensing board actions aren't automatically considered misconduct for UI purposes. Also, each case is evaluated individually - a DUI that directly impacts job duties (like for a driver) is different from an off-duty incident unrelated to your work functions. The key is whether the claimant was at fault for losing their job through actions within their control that violated a reasonable employer policy. I would recommend applying and being honest - let EDD make the determination rather than assuming ineligibility.
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Ruby Garcia
You NEED to be careful about your benefit transition from SDI to UI. There should be no gap. The day after your disability certification ends, you need to file for UI. If you wait even a few days, they might question why you didn't file immediately if you were truly able and available for work. Also, since your license is suspended, make sure you indicate that you're looking for work OUTSIDE your licensed field. If you say you're looking for nursing jobs while your license is suspended, they'll likely deny your claim for not being available for suitable work. When I had my teaching credential temporarily suspended (completely different situation), I made it clear I was seeking administrative or non-credential-requiring positions in the meantime.
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Victoria Jones
•Oh wow, I didn't think about the work search requirements! That's really important - I definitely need to look for jobs outside of nursing then. Do you know if I need to wait until my SDI actually ends before applying for UI, or can I apply a few days before so there's no gap in benefits?
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Alexander Evans
When my husband lost his job (different situation) all I can say is apply apply apply!! The worst they can say is no and then you appeal. The EDD system is DESIGNED to frustrate you into giving up. Don't let them win! Fight for what you deserve!!!!
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Evelyn Martinez
I work in HR and can weigh in here. Your situation is actually quite nuanced. From EDD's perspective, they typically look at whether the separation was within your control and related to work performance/conduct. Since your arrest was off-duty and the charges were dropped, and your employer didn't fire you for job performance but rather regulatory requirement due to the license suspension, you likely have a good case for UI benefits. When you file your claim, be prepared for a phone interview. They will ask specific questions about the circumstances. Be honest but focus on these key points: 1. The arrest didn't result in charges 2. The incident was unrelated to your job duties 3. Your work performance was satisfactory 4. The separation was solely due to regulatory requirements beyond your control Also, have documentation ready - the dismissal of charges, your employment record, and the licensing board letter. And as others mentioned, be clear that you're seeking suitable work in fields you CAN work in despite the license suspension.
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Jessica Nguyen
•wat about the fact she got disability first? doesnt that mess up unemployment?
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Benjamin Carter
I'm so sorry ur going through this! The nursing board is RIDICULOUS sometimes. My friend's license got suspended for a 10-year old misdemeanor that she already disclosed when she applied for her license! Makes no sense. Anyway, have you tried calling EDD directly? I spent 3 WEEKS trying to get through - calling 50+ times a day, different times, different days. NOTHING worked. Finally I used this service called Claimyr (claimyr.com) and got through to a rep in like 20 minutes! They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The EDD rep was actually super helpful and explained exactly what I needed to do with my complicated situation. Sometimes you just need to talk to an actual human instead of trying to figure it out from their confusing website.
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Victoria Jones
•Thank you for the suggestion and for sharing your friend's experience! It's comforting to know I'm not alone in dealing with the nursing board. I'll definitely check out that service if I can't get through - the phone system is absolutely maddening.
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Ruby Garcia
One critical thing I haven't seen mentioned yet: You need to be very careful about how you handle the base period for your claim. Since you're transitioning from SDI, EDD will use the same base period for your UI claim that they used for your disability claim. If you had any significant reduction in hours before your disability began, it could affect your benefit amount. Also, when you certify for benefits, you'll have a question about "reason not available for work" - NEVER select "too sick to work" since that contradicts your claim that you're able to work (just not in nursing currently). This is a common mistake that causes payment delays.
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Victoria Jones
•Thank you for this specific advice! I worked full-time up until my license was suspended, so hopefully my base period will be good. I'll be very careful with the certification questions too - these details make a huge difference.
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Maya Lewis
my sister is a RN and back in 2022 she got a DUI (not at work) and they suspended her license temporarily too! she tried unemployment and they kept saying she was "fired for misconduct" even though it wasnt AT work. she had to appeal TWICE and finally won. took almost 3 months tho. what worked for her was getting a letter from her employer stating she was terminated solely due to the licensing requirement and not for work misconduct. might help your case!
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Victoria Jones
•That's brilliant! I'll reach out to my former employer and see if they'd provide a letter like that. My supervisor was actually really supportive and upset about having to let me go, so they might be willing to help. Thanks for sharing your sister's experience!
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Isaiah Thompson
To address your specific situation: Yes, you can apply for UI after your SDI ends. Here's what you need to know: 1. Timing: File your UI claim the day after your SDI certification ends 2. Eligibility: Your case has good potential because: - The arrest didn't result in charges/conviction - The separation wasn't due to work performance - The regulatory requirement was beyond your control 3. Application strategy: - For separation reason, select "Regulatory requirement" if available, or "Other" - Clearly explain the license was suspended pending investigation, not revoked permanently - State that charges were dismissed/rejected by DA - Indicate you're appealing the board decision 4. Work search requirements: - Show you're looking for suitable work you CAN perform without your license - Document at least 3 job contacts per week 5. Be prepared for a phone interview and possible initial denial requiring appeal The key distinction EDD will evaluate is whether this constitutes misconduct connected with work. Since the incident was off-duty and didn't result in charges, you have a reasonable case.
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Victoria Jones
•Thank you so much for this detailed breakdown! This is exactly what I needed. I'm going to screenshot this and follow it step by step when I apply. It really helps to have a clear plan for addressing all these points.
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