As a professional license holder or applicant, you are held to strict legal and ethical standards. Being charged or convicted of an offense can jeopardize your career, livelihood, and reputation. For one, you may be subject to bad publicity should the case become exposed to your possible clients. Criminal charges or a conviction can also trigger discipline by your licensing authority, which may include license suspension or revocation. Knowing what to expect and taking quick legal action is essential to safeguarding your future.
At San Luis Obispo License Attorney, we boast experienced lawyers who understand the nuances of criminal and administrative laws and how to defend clients’ careers after a criminal arrest. We work diligently to protect our clients’ rights and livelihoods and help them retain their licenses. Call us for a cost-free consultation and review of your case, and let us provide the necessary defense.
Criminal Defense for Licensed Professionals
For any licensed professional or license applicant in California, a criminal conviction or charge, whether for a felony or misdemeanor, can be detrimental to their career. However, not all crimes automatically result in disciplinary action against a professional’s license.
The standard rule is that the crime for which the professional is convicted or charged be substantially related to the qualifications, duties, and functions of their profession. However, licensing bodies have a broad interpretation of the phrase “substantially related.” Therefore, if you are charged with or convicted of a crime, you will have to challenge your licensing board’s administrative measures with the help of an experienced license defense lawyer who also understands criminal law.
The same standard rule of substantial relationship also applies to prior criminal convictions and charges. Whether and how prior convictions or charges impact your license will depend on the type of crime and other specific factors in your case.
Other elements the board can consider during an administrative proceeding or private review of your criminal case include the following:
- Whether the crime is a felony or a misdemeanor: A felony or misdemeanor crime can subject you to board disciplinary action, provided it is substantially related to the duties, functions, and qualifications of your profession. However, the more severe the violation, the harsher the disciplinary action.
- Whether or not charges were filed: If a law enforcement officer only arrested or cited you, but the District Attorney never officially filed charges, you will have higher odds of avoiding disciplinary action.
- The kind of license you have and the licensing agency you are up against: Some licensing authorities are stricter than others. For example, if you are in the medical field, your license will be suspended for a felony or even a misdemeanor accusation that has yet to be proven.
- Whether you have taken substantial rehabilitative measures: This is particularly, though not exclusively, applied to alcohol- and drug-related offenses.
If the criminal court has already resolved your case, the manner of resolution can also matter. Potential case resolutions are you entering a guilty plea, the jury finding you guilty, the dismissal of charges, or the jury finding you not guilty.
If, for example, the jury finds you not guilty, your licensing agency may not impose disciplinary action. However, this is not always the case. Licensing board investigations and criminal court proceedings are distinct processes. In some cases, your licensing board may still impose discipline against you even if the criminal court acquits you of your criminal charges or the charges are reduced or dropped.
Licensing boards usually have lower standards of proof than criminal courts. That means they can impose disciplinary action even if there is no conviction.
Mandatory Self-Reporting Reporting Requirements
Most licensing agencies in California require professionals to report criminal convictions and sometimes charges against them within a specific period, often within weeks or days of the occurrence. Failure to report can trigger automatic professional license suspension and other forms of discipline, even before you know the outcome of your criminal case. Your legal counsel can ensure you fulfill the reporting requirement while mitigating its impact on your license.
Apart from self-reporting, boards can also learn about convictions through:
- Whistleblowers or complaints
- Court notifications
- Public criminal records
Once the board substantiates misconduct, it may initiate official administrative proceedings, whereby you will have the right to a hearing and legal representation.
Common Crimes That Can Threaten Your Professional License
As a professional licensee, you are specifically susceptible to criminal accusations that cast doubt on your judgment, ethics, and ability to execute your duties responsibly. These are the most prevalent violations that can prompt board disciplinary action against you:
DUI and Narcotics-Related Violations
Being found guilty of driving under the influence or a drug violation can subject you to harsh consequences, especially if you are in the legal or medical industries. Even if it is your first violation, it could prompt a board review, which could then trigger disciplinary action. California licensing boards deem substance abuse incidents as posing a danger to the public.
Consequently, commercial drivers, medical care providers, teachers, and other professional licensees whose work involves interacting with vulnerable persons may be required to enroll in mandatory rehab or counseling programs or face license suspension if they are convicted of a DUI or drug crime.
Domestic Violence-Related Crimes
Domestic abuse convictions can damage your career, especially if your profession involves caregiving, for example, if you are an educator, nurse, or doctor. Many licensing agencies in California view violent violations as an indication of bad morals and a threat to the safety of a workplace. Even if you are acquitted, domestic violence accusations may subject you to board investigations and discipline thereafter.
Financial Offenses
Licensing boards regulating financial professionals, healthcare administrators, and lawyers take financial crimes, including embezzlement, tax evasion, and fraud, seriously. Being convicted can result in an immediate revocation or suspension of your license or irreversible disqualification from working in some fields. Often, licensing bodies conduct their investigations separately from criminal proceedings, so an Accusation of fraud may seriously affect your professional standing.
Sex Violations and Crimes Involving Moral Turpitude
A sex offense or violation that involves moral turpitude can subject you to severe consequences. Particularly if you are a healthcare worker, legal professional, or educator, you will face high scrutiny from your licensing agency regarding the sex crime allegations against you. A conviction for an offense such as solicitation, possessing unlawful sexual materials, sexual assault, or child pornography can trigger automatic revocation and irreversible disqualification from your career.
Legal Strategies to Defend Your Professional License
When facing disciplinary action because of criminal charges or a conviction, you can apply various strategies with help from your lawyer in an effort to protect your license. The following are some of the steps you can take:
Seek Alternative Sentencing or Negotiate Charges
Negotiating for an alternative sentencing option or reduced charges is among the most effective legal strategies to protect your professional license. Your lawyer may seek a plea bargain, a lesser charge, or a diversion program, which may lower the effect on your license. Alternative sentencing, like community service, rehabilitation programs, or probation, can, at times, satisfy licensing agencies, preventing license suspension and revocation.
Develop a Solid Defense Strategy for Board Disciplinary Proceedings
A well-crafted legal defense strategy is essential when facing a licensing agency. Your lawyer can submit mitigating circumstances, rehabilitation efforts, expert testimony, and character references to defend your right to keep your license. They can also challenge the conviction as not being substantially related to the duties, functions, and qualifications of your profession. Expert legal representation can mean the difference between a complete license revocation and a mere disciplinary warning.
Note that early intervention is essential. Statements made in a criminal case are usually admissible as evidence in licensing board proceedings.
Dismissal and Record Sealing
If you have already been convicted, a record sealing can be a valuable tool for reducing the long-lasting repercussions of the conviction. Even though licensing bodies may still access your sealed record in some instances, sealing the record can show you have been rehabilitated and have adhered to imposed legal requirements, helping in professional license reinstatement.
Possible Disciplinary Action for Professionals Charged or Convicted in Criminal Court
Your licensing board may take several steps if it learns that you have been convicted or charged in criminal court. If your case is ongoing, the board may wait for its resolution before taking disciplinary action. Alternatively, it might rule that your case is not compelling enough for disciplinary action or is not substantially related to the duties, qualifications, and functions of your profession.
A private reprimand is one of the actions you may face. This disciplinary action will formally censure or reprove you for unlawful or unprofessional conduct, without making the details public. Other disciplinary actions include:
Citation and Fine
A citation and fine order is not a formal disciplinary action, but it is a matter of public record. A citation order contains a formal directive requiring you to stop unlawful activity or correct your violation within a specified timeframe. The amount of fine imposed depends on the severity of the crime you committed, your intention, and your record of prior violations. A fine and citation may not seem like a severe action, but because they are public records, they may cause potential clients to stay away from your practice.
License Probation
When the board places your license on probation, it means it has allowed you to practice, but with various restrictions. Your practice will be under supervision. The board will direct you to comply with the probation terms and conditions imposed to allow you to continue to practice. Some of these conditions include regular performance reviews, random alcohol or drug testing, and mandatory participation in mental health programs. If you complete your probation sentence and follow all the conditions, the board will reinstate your license. But if you fail to complete your sentence or violate the probation conditions, your license will be suspended.
License Revocation or Suspension
With a license suspension, you will lose your right to practice your profession for some time. Once that period ends, the board can reinstate your license. If your license is revoked, you will lose your right to practice indefinitely. License revocation is the harshest disciplinary action. However, in certain instances, you can reinstate your revoked license after a specified period has passed, you have completed the necessary paperwork, and you have attended a special board hearing.
Licensing agencies review criminal convictions on a case-by-case basis, regardless of whether you entered a plea, the jury gave its verdict, or the offense happened in California or a different state. The laws that govern licensing board procedures do not distinguish between felony and misdemeanor charges. Depending on the particular board’s rules and regulations, even a minor violation can attract disciplinary action. For many agencies, the standard rule is whether the offense is significantly related to the professional’s duties, qualifications, and functions.
Many licensing agencies have disciplinary guidelines in place that recommend specific discipline for specific criminal violations. And even though these guidelines do not provide a legal distinction between misdemeanor and felony convictions, the discipline imposed for felony convictions is often more severe. A vital element of board disciplinary action imposition is the board’s administrative hearing. However, you will not be subject to this hearing unless you demand it, and you have only a limited time to do so.
If your professional licensing body has informed you of an Accusation being filed against you due to your criminal charge or conviction, contact legal counsel immediately. An expert attorney understands how licensing boards operate, the mitigation factors that can work in your favor, and the disciplinary options you can be subject to.
Find an Experienced Professional License Defense Lawyer Near Me
If you are a professional licensee facing criminal charges, you need to act fast and consult a professional license lawyer who also understands criminal defense. A knowledgeable attorney can develop a strategic defense tailored to both the administrative hearing process and the criminal case. This might include negotiating plea bargains, challenging evidence, seeking alternative sentencing options, or representing you before your licensing body.
Without expert representation, you risk losing your license and ability to continue practicing the profession you have worked so hard to have. At San Luis Obispo License Attorney, our lawyers strive to work proactively with licensing boards to obtain the most favorable outcome for our clients. Call us today at (805) 764-9771 for a complimentary consultation and case review to increase your chances of retaining your license.
