It can be stressful to deal with accusations or criminal charges, particularly if your professional license is in jeopardy. While designed to ensure fairness, the legal system can often become a maze of complexities. Evidence can accumulate rapidly, and the entire process may become increasingly opaque. You need an experienced professional license defense attorney by your side to defend both your rights and your career.
We at San Luis Obispo License Attorney provide you with the support you require to protect your professional license. Your voice will be heard at every turn, thanks to the expertise of our team. Schedule a consultation to talk about your particular circumstances. We will fight to secure the best possible outcome for your license and future.
When a Criminal Conviction Results in Professional Discipline
The type of offense and the rules your licensing board sets determine how grave the consequences will be. The crimes most closely associated with your line of work are considered felonies. Revocation or suspension are possible disciplinary measures that licensing boards could take in response to criminal convictions.
Convictions are not the only thing at risk. Even accusations have the potential to start an investigation if they cast doubt on your suitability to practice.
You could be subject to professional discipline if your criminal charges and convictions substantially impact your ethical obligations and standards. Attorneys representing license applicants often advocate for a broad interpretation of the term substantial relationship, which relates to the relationship between the charge or conviction and your ethical duties or the standards of your professional conduct.
The licensing board will consider several factors made apparent in an administrative hearing in determining the fate of your professional license. The following variables affect a licensing board's decision:
- The severity of your offense — Compared to misdemeanors or infractions, felonies are subject to harsher punishments.
- Classification of crimes — Seriousness of crimes is based on the level of "moral turpitude" as opposed to minor infractions. Crimes involving moral turpitude are taken more seriously.
- The status of your charges — Arrests or citations without official charges carry less risk than those with charges.
- Past misconduct — Being on probation, whether court-ordered or connected to your license, increases your chances of punishment.
- Practice history — You could benefit from having a spotless disciplinary record.
- Your licensing board — Standards differ throughout professions, but medical boards are frequently more stringent.
- Rehabilitation efforts — You can mitigate the penalties by proving that you are attempting to address the root causes.
- Case resolution — Depending on the criminal case's outcome, the board could proceed with a guilty plea or dismissal.
Types of Punishments Professional Licencing Boards Issue
Professional licensing boards function independently from the criminal court system and have the authority to initiate disciplinary actions before the conclusion of a criminal trial. The criminal case's verdict nonetheless influences the board's judgment. A conviction could result in more serious punishments and strengthen the case for discipline. Nevertheless, given the facts, the board can still have concerns, so an acquittal does not guarantee leniency.
Before your trial, the board could:
- Restrict your practice — They can make you work under supervision or restrict your independence.
- Hold a hearing — The hearing allows them to learn more and determine whether immediate action is required to safeguard the public.
Some of the punishments boards issue include:
- Private Censure
The board can give you a private censure as a possible result of your hearing. It is a formal but private warning. This less harsh punishment is frequently reserved for less serious crimes, especially misdemeanors or professionals with spotless disciplinary records. However, as some licensing boards use private censure more often than others, the chance of receiving one can differ by occupation.
You may be less likely to receive a private censure if you have a history of disciplinary measures.
- Public Citations and Fines
Your licensing board could impose fines and a public citation as possible consequences following a criminal conviction. A public citation is a more significant long-term threat to your career than the fines, even if both are serious.
While fines can be expensive, a public citation permanently tarnishes your record. It is challenging to attract new business when prospective customers can easily find this permanent mark through an internet search. You run the risk of further damaging your practice by alienating current clients. When a public citation casts doubt on your professionalism, it becomes difficult to market yourself properly.
- License Suspension or Revocation
The most grave consequences of a criminal conviction are license suspension or revocation, which can seriously harm or even end your professional career.
Suspension prevents you from practicing for a predetermined time and temporarily freezes your license. After serving out the allotted time and following any further conditions set forth by the board, like documentation or hearings, you can apply for reinstatement.
On the other hand, revocation ends your career by permanently removing your license. Although reinstatement is occasionally achievable, it is far more complex and involved than suspension.
The possibility of suspension or revocation depends on several factors, including:
- The seriousness of the conduct
- Your disciplinary record
- The possible risk you provide to the public
Serious offenses and offenses closely associated with your line of work will likely result in heavier sentences.
In these cases, having a knowledgeable licensing attorney is important. They can create a defense plan, bargain with the board for a reduced sentence, and, if necessary, assist you with the reinstatement procedure.
- License Probation With Stay of Suspension
After a criminal conviction, your licensing board could give you license probation with a stay of suspension in specific situations. This is a big benefit since it prevents your license from being immediately suspended or revoked and lets you continue your profession under the board's supervision.
A license on probation is still valid, but it is subject to certain restrictions and ongoing board oversight for a predetermined amount of time. Think of it as functioning under a provisional set of guidelines.
Conversely, a stay of suspension effectively halts the possibility of suspension as long as you adhere to the probationary conditions. Doing this shows you are committed to changing your previous conduct while keeping your license.
How the Professional Board Finds Out About a Criminal Charge
Licensing boards use several avenues to find criminal charges against licensees. The most popular method is fingerprinting, which compares your information with national criminal databases during background checks. This comprehensive search effectively uncovers past offenses.
Public records are an additional information resource. Depending on the seriousness of the charge and the accessibility of court documents in your area, your criminal case could be available for viewing. It could also come to the board's attention through routine checks or a complaint brought against you.
Law enforcement must also report charges against licensees to the appropriate licensing bodies in certain situations. This is an additional way for the board to learn about your circumstances, but it may not always be applicable.
You also have some control. A few boards mandate that license holders self-disclose any convictions for crimes. The board is able to address the issue directly. When you self-disclose, you show transparency because you are proactive. Self-disclosure can be more advantageous than the board finding out about the charge through other channels.
Can I Save My License Despite Facing Criminal Charges?
A criminal charge or conviction can significantly impact your professional license, even if you win in court. The main concern of licensing boards is whether the infraction is "significantly related" to your line of work, which directly impacts your capacity to carry out your responsibilities, or violates the code of ethics in your industry.
A criminal charge could be considered substantially related in one of two ways.
- If the violation directly impairs your ability to do your work — For example, a commercial driver's DUI or an accountant's theft conviction raises grave questions about their professional competency.
- Even if they do not immediately affect particular duties, crimes involving violence or dishonesty can damage the public's perception of your profession. Regardless of their medical qualifications, a doctor convicted of assault, for example, can be declared unsuitable to practice medicine.
You must show that the transgression does not affect your capacity to carry out your work responsibilities or adhere to moral principles. This is the best approach to refuting these allegations. Evidence of a clean disciplinary record may be very important in separating the violation from your professional behavior.
Even a successful criminal defense might not shield your license. Even in the event of an acquittal, licensing boards could convene an administrative hearing to decide on disciplinary punishment. The only "mitigating elements" that are the subject of this hearing are:
- Evidence of remorse
- Attempts at rehabilitation
- An ongoing commitment to upholding professional standards
It is not necessary to review the guilt or innocence found in court during the hearing.
The administrative hearing is a critical opportunity to minimize the consequences of the violation for your career or to clear your name. Mitigating factors can lead to a less severe punishment than a complete license revocation. It is possible to have the case dismissed if you negotiate with the board before the hearing.
It is possible to mitigate conditions by turning a license suspension into probation. Among these are:
- Early self-reporting — Honesty and accountability are demonstrated by proactive reporting to the board before being required.
- Cooperation — Being completely cooperative with the licensing board's inquiry demonstrates transparency.
- Minimal harm — It helps your argument if there are no patients, clients, or members of the public at risk.
- Clean record — A criminal and disciplinary record free of infractions indicates conscientious behavior.
- Proactive rehabilitation — Showing a dedication to betterment by initiating early phases of rehabilitation, such as counseling or education.
- If applicable, voluntary restitution — Showing regret through restitution does not hurt your case.
Can You Get Your Professional License Back After a Criminal Conviction?
Your professional career is not always over after a felony conviction and license suspension. You can demonstrate your dedication to rehabilitation and move forward by choosing one of several choices to increase your chances of getting your license back.
A pardon, record sealing, or expungement can significantly strengthen your case.
- Record Sealing
While sealing prevents most inquiries from accessing the record, expungement erases it.
- Expunging Your Records
Expungement has the main advantage of generally preventing licensing boards from denying a license based only on the sealed record. You have a fresh start because the board cannot view or consider the expunged record while reviewing your application.
Nevertheless, certain exceptions exist. There may be more stringent criteria for occupations like childcare or law enforcement. Depending on the regulations, alternative methods of accessing erased records could be available in specific fields. These are rare yet significant exceptions.
The board could nevertheless consider the actions that resulted in the arrest or conviction, which is another restriction. They can ask about the specifics of the case, particularly if it relates to your suitability for a job, even though they cannot use the expungement as evidence. The board could examine your application more carefully, for instance, if you have an erased conviction for dishonesty and are asking for a license that requires high trust.
Transparency is still crucial. Even during an expungement, you could still be required to report the arrest or conviction on your license application. If the board requests further details, be ready to discuss the matter honestly.
- Pardon and Certificates of Rehabilitation
Although the record is still there, a pardon shows forgiveness for the offense. These acts demonstrate that you have proactively corrected your previous errors.
You can also secure a certificate of rehabilitation. This official court document certifies your progress toward recovery since the conviction. A rehabilitation certificate attests to your progress and may persuade the licensing board.
Governor’s pardons and certificates of rehabilitation are more appropriate for cases where expungement is not an option because not all crimes can be expunged.
Find a Professional License Defense Attorney Near Me
A criminal charge can have far-reaching effects outside of the courts. It can often threaten your career and future, risking your professional licenses. Our legal team at San Luis Obispo License Attorney has the knowledge and experience to handle the complexity of professional license defense. We know how serious the situation is and will do everything we can to keep the damage to your reputation as little as possible. Contact us today at 805-465-2766.
