Your career and reputation are in danger when you have a state-issued professional license and are charged with a crime. A conviction may carry the court’s penalties and the penalty of your licensing board, and the future you have worked so hard to establish may be lost. Your criminal case and licensing issues are closely related and should be approached strategically and carefully. One can directly impact the other, and it is necessary to have knowledgeable representation in criminal and administrative law.
At the Fresno License Attorney, we have a long history of dealing with licensed professionals whose careers are threatened by criminal charges. Our license defense attorneys will create coordinated plans to defend your legal rights and professional status. Our license defense lawyers are ready to take you through every procedure and do our best to protect your license, reputation, and livelihood.
Understanding How a Criminal Conviction Can Lead to Professional Discipline
Any criminal charge, even a misdemeanor DUI, which appears minor, can be disastrous to a licensed professional in California. It is, however, a widespread misconception that any conviction will automatically lead to the suspension or revocation of your license. The truth is more subtle, yet just as threatening. The same applies when you disclose past convictions on new-license applications or license renewals.
The fundamental principle that the licensing boards in California abide by is that the crime should bear a substantial relationship (commonly referred to as a nexus) to the qualifications, functions, or duties of your profession. This legal test aims to determine whether your actions, as manifested by the criminal act, depict that you are not fit or safe to be vested with the serious duties of your employment.
As an example, a conviction of fraud or embezzlement of a Certified Public Accountant is a direct and obvious nexus. For a Registered Nurse, a DUI conviction casts serious doubts on the judgment and capability of the registered nurse to administer powerful drugs. Also, for a licensed contractor, a conviction of grand theft is directly connected to the contractor’s responsibility to deal honestly with client money.
You have to know that the board investigators and their attorneys will attempt to apply this substantial relationship in the broadest way possible to support disciplinary action. That is why you should have an experienced license defense attorney to create a counter-argument and get that interpretation to your side.
Key Elements that the Licensing Board will Examine
In addition to the primary nexus test, several other key elements will be carefully examined by a licensing board in its decision as to whether to proceed with discipline, and the severity of that discipline:
The Character of the Crime
The particular crime is the most crucial. Crimes of moral turpitude are of specific concern to boards, a legal term used to describe conduct that is deemed to be against the norms of honesty, good morals, or justice within the community. This encompasses crimes such as:
- Stealing
- Fraud
- Embezzlement
- Perjury
- Numerous types of assault
These offenses imply an element of dishonesty or corruption that boards cannot tolerate regarding a professional license.
The Seriousness of the Crime
The crime category has a lot of weight. The most serious one is a felony conviction, which is sure to cause severe discipline, which may involve summary suspension. Nevertheless, the threat of a misdemeanor should not be underestimated.
Any conviction of a misdemeanor DUI, domestic violence, or even shoplifting can result in license probation, suspension, or revocation, based on your profession and the situation.
Your Specialty
Various boards have varying standards depending on how much trust their licensees have in the community. The Medical Board of California, the Dental Board, and the Board of Registered Nursing, among others, have the highest standard of conduct that they expect of their licensees.
Any conviction on substance abuse, violence, or dishonesty is considered a serious risk to patient safety. On the other hand, a board such as the Contractors State License Board might be more concerned with financial crimes and fraud than a personal DUI that happened off the job, but it could even be an issue.
Status and Resolution of the Case
How the criminal case was finally resolved is a very crucial consideration. The best possible result is a complete acquittal in the trial or a pre-trial dismissal because this significantly undermines the board’s case against you.
However, a conviction based on a guilty plea, a no-contest plea, or a guilty verdict after trial will lead to a formal review of the board. The exact wording of your sentence, jail time, probation term, and court-mandated counseling will receive tremendous examination by the board to measure the seriousness of your behavior.
Testimony of Rehabilitation
This is one of the strongest arguments in your defense. A board is not merely examining the past crime but also your present suitability to practice. It can be compelling to prove that you have made significant and active steps towards rehabilitation.
This is much more than saying sorry. It is the ability to offer concrete evidence, like:
- Certificates of attendance at drug or alcohol treatment programs
- Records of regular attendance at therapy or AA/NA meetings(support group meetings for individuals recovering from alcohol or drug addiction)
- Letters of sponsors or counselors
- Evidence of payment of any victim restitution
Your Past Professional and Criminal History
A clean professional and criminal record can be a substantial advantage when defending your license. If you have practiced without complaints or disciplinary issues for years, your current charge may be viewed as an isolated lapse rather than a pattern.
On the other hand, the board will consider you a repeat offender. It will be far more likely to grant the harshest types of discipline, including outright revocation, if you are already on license probation or have a prior criminal record.
Types of Professional Discipline You May Face
Your licensing board may impose various penalties if it decides that your criminal conviction should be formally taken after completing its investigation. Protection of the populace is the central role of the board, and thus any disciplinary action is aimed at resolving the perceived threat you can pose to your clients, patients, or the community.
Although there is a possibility that the board will determine that the conviction is not significantly related to your practice and dismiss the case with a non-disciplinary warning, you need to be well prepared for the following possibilities:
Private Reprimand
This is the least serious of formal disciplines. The board will send you a confidential letter of censure, which will be put in your permanent licensing file, but will not be published. It is an official warning, but it does not affect your practice capability.
Citation and Fine
More serious than a reprimand, a board may permanently issue a public citation, which marks your professional record. This quote is frequently posted on the board’s site and can be seen by any prospective client or employer doing a background check. There is nearly always a fine to pay in case of citation.
Probation of the license
It is a highly prevalent consequence of a criminal conviction. Probation of a license means you are not suspended, but you can practice under a series of very restrictive conditions and terms over several years.
Such probation conditions are usually cumbersome and costly, and may involve:
- Direct supervision by a fellow professional
- Obligatory ethics training
- Worksite observation
- Random drug and alcohol testing
- Frequent reporting to a probation monitor
The breach of any of the terms of probation, however minor, may lead to an immediate suspension or revocation of your license.
Suspension of a license
In more severe situations, the board may suspend your right to practice your profession during a specific term, for example, six months or a year. At this time, you are not allowed to practice in your field.
Your license is not automatically reinstated at the end of the suspension period. You have to officially request the board to re-license you, which is not an easy task and may involve demonstrating that you have reformed and are fit to work.
License Revocation
This is the most extreme punishment that a licensing board can give, and it is commonly known as the death penalty to a professional career. The board permanently deprives you of your license and legal power to practice your profession in California. You can petition the board to be reinstated within a specified duration, usually one to three years. However, it is a very tough, uphill task that demands overwhelming evidence of total and permanent rehabilitation and repentance.
How Licensing Boards Learn About Your Criminal Charge
Most licensed professionals in California are legally and ethically obliged to report a criminal conviction to their licensing board, and frequently within a minimal period (for example, 30 days).
Not reporting a conviction is another professional violation and may result in discipline, sometimes even more than the discipline for the underlying crime. Your license defense attorney may recommend what your particular board requires in its reporting and assist you in drawing a well-crafted disclosure that gives the information needed without unnecessary admissions that might be detrimental to your case.
In addition to self-reporting, the licensing boards directly connect to law enforcement databases. When you were initially licensed, you probably had your fingerprints taken and entered into a system known as Live Scan.
This system offers continuous tracking, and the California Department of Justice (DOJ) will automatically report to your licensing agency when you are arrested and booked at the local jail, or when a conviction is registered in the state criminal record system.
When your board receives this notice, an investigation will be opened, and you will be sent a formal letter requiring you to explain in some detail the occurrence of the incident and to submit copies of all court papers.
You should not talk to a board investigator or give any written statement without consulting an experienced license defense attorney. Board investigators do not work on your side.
All they do is collect evidence that will be used against you by the board’s prosecutor (usually a Deputy Attorney General). Whatever you say to them may and will be used to build the argument to suspend or revoke your license. The same care and legal tact you dealt with the police should be observed in your communications with the board.
How to Keep Your License Despite a Criminal Charge
When facing criminal charges as a licensed professional, you are literally fighting on two fronts, one in Fresno County Superior Court and the other in your licensing board. All the decisions taken during the criminal process may influence the result of your license review, and this is why both of them should be approached with care and tactics.
The ultimate aim is always to seek a dismissal of the charges or an acquittal during trial. Winning a case in court can significantly influence the decisions of the board and even result in the closure of the case without any additional proceedings. Nevertheless, if conviction is inevitable, the emphasis is laid on the minimization of the professional impact by using the damage control and mitigation strategies.
This can involve plea bargaining agreements to mitigate the effects on your license. For example, a DUI could be reduced to a wet reckless, or a domestic violence case could be reduced to a mere battery, neither of which is taken as seriously by most licensing boards.
Although you may be found guilty, you can defend yourself during an official administrative hearing as a constitutional right. This hearing is your chance to put your case forward and bring strong mitigating evidence to persuade an Administrative Law Judge, and ultimately the board, that you are fit to practice. This is not a second trial of the criminal case; it is a matter of your character, work history, and rehabilitation attempts.
The extenuating circumstances that may convince a board to impose a light sentence, probation rather than actual revocation, are:
- Extensive documentation of your rehabilitation (treatment, therapy)
- An extended and untainted history of safe and ethical practice
- Complete cooperation with the investigation of the board (under the advice of your attorney)
- Showing that no harm was caused to any client or patient in reality
- Good references and character testimonies by fellow employees, managers, and local leaders
When there is strong evidence that your criminal conduct was an isolated incident caused by unique circumstances unlikely to happen again, this can be a decisive factor in your defense. Gathering and presenting this evidence is essential to building a persuasive case for leniency.
A comprehensive mitigation strategy will show the board the full context, including your rehabilitation efforts, professional history, and character references. During the administrative hearing, this information is presented carefully and strategically to demonstrate that you remain fit to practice and that your license should be preserved.
Find a Fresno Professional License Defense Attorney Near Me
At Fresno License Attorney, we focus on the intersectional point between criminal defense and professional license protection, which is a critical one. Our lawyers are familiar with the California Penal Code, administrative practices in the state, and the discipline regulations governing a broad spectrum of licensing boards. This experience will enable us to create effective defense mechanisms to protect your freedom and career status. Selecting an attorney who is only familiar with one side of this process may risk losing your whole career.
If your professional license is at stake due to a criminal charge, do not delay in seeking the services of an experienced license defense lawyer. Contact us today for a free and confidential case evaluation at 559-388-5402.
