Being charged with a criminal offense has serious ramifications for people who have business, professional, or occupational licenses. Their licenses could be suspended or revoked in the most extreme cases, and they could also be subject to probation or other career-limiting consequences. The law seeks to guarantee that professionals follow standards that maintain public welfare and confidence, which explains why convictions for professional obligations or ethical conduct can have serious consequences.
If you have received a formal notice from your specific licensing bureau or board, you can contact the San Diego License Attorney. Our team of attorneys is available to help you defend against any criminal charges and protect your professional license.
California Professional Licenses Affected By Criminal Convictions
Having a professional license signifies a dedication to maintaining certain ethical and professional standards. Criminal convictions affect a wide range of practitioners in many different kinds of professions, such as:
- Nurses and doctors—people working in healthcare are subject to heavy scrutiny because of the personal impact that they have on the well-being and safety of their patients
- Accountants—working with people's finances and other confidential details requires the highest level of integrity and reliability
- Lawyers—since it is their job to ensure that justice is served, lawyers and other legal professionals have a greater obligation to act with the utmost integrity at all times
- Teachers—since educators have a lasting impact on future generations, their code of conduct is essential to their status as professionals
- Pharmacists—pharmacists must adhere to strict standards of professionalism since they handle regulated medications and understand how important it is to administer proper medication dosages
- Dental professionals—dentists must uphold strict professional standards since, like other medical professionals, they are entrusted with the well-being of their patients
- Psychologists—professional psychologists are expected to act professionally since the foundation of their practice is trust
- Therapists—the ability to offer safe and sound treatment is critical in a therapist's profession, where personal behavior can have a substantial impact on one's professional standing
In every one of these occupations, a criminal record might call into doubt an individual's capacity to execute their responsibilities safely and with integrity, potentially resulting in disciplinary proceedings by the appropriate licensing boards. These steps guarantee that these professionals will continue to live up to the regard and esteem that the general public has come to expect from them.
Implications of Criminal Convictions on Professional Licenses
In California, a criminal conviction may hurt an individual's business, professional, or occupational license. The following consequences could be imposed on a licensed professional: administrative probation, a written or verbal warning, a suspension or revocation of their professional license, or both.
Determining the extent to which the professional will suffer any adverse effects requires consideration of numerous factors. There are never two situations that are precisely the same. This article aims to educate the reader on the basic principles, regulations, and procedures that apply to an individual who has been charged with a criminal offense in California while holding an occupation or professional license.
Firstly, the possibility of disciplinary action against the defendant or licensee in their profession is based upon multiple variables, such as:
- Whether the offense is classified as an infraction, a felony, or a misdemeanor
- Whether the purported crime involves serious moral turpitude
- If the licensee had been charged with an offense by the district attorney's office, instead of being arrested and cited by law enforcement without any additional criminal action by the DA
- The kind of business or professional license that the license holder possesses (or the occupational license)
- When the offense was committed (and how long ago)
- The criminal case's disposition, or how it was settled. For instance, by entering a guilty plea, being found guilty following a court trial, having the charges against the professional dismissed, receiving jail imprisonment and any necessary probationary orders, having the offense classification reduced, diversion or postponing entry of judgment, appeal to seal or erase arrest records, and so forth
- The professional license or profession's specific reporting requirements (such as self-reporting, yearly, or just in response to an event like a citation or an arrest, etc)
- Any rehabilitation steps undertaken by the professional following the occurrence that led to charges against them
- The licensee's circumstances at the moment of being charged, including if or not they were already on probation and how long they had been practicing their profession without facing any disciplinary action
- The actual circumstances that give rise to the criminal charge and if the license and the purported facts are substantially related. Assuming the claims are true, there must be some connection between the licensee and the facts
When deciding what kind of discipline, if any, should be imposed on a licensed practitioner following an arrest or criminal charge, licensing entities consider the reasons mentioned above. For instance, the medical community generally suspends the licenses of healthcare professionals (doctors, dentists, nurses, psychologists, pharmacists, and psychiatrists, to name a few) for a single felony criminal conviction. If an individual has even one minor conviction or charge, the board will also attempt to suspend their license.
Most of these variables are interrelated, so even if you might not do well in certain areas of the case review mentioned above, other facts are more likely to work in your best interests and be taken into consideration by a disciplinary board.
For instance, it may be advantageous for you if the underlying facts are not favorable and the case was filed several years ago, your life and habits have changed significantly, you accomplished exceptional charitable work or given back in different ways. It's also a well-known fact that certain California Boards, Commissions, and Bars penalize licensees more harshly than others.
Recognizing Your Rights to Due Process
Having a professional license gives you the right to a fair process and a vested stake in the license. Your license will not be immediately revoked due to a conviction. Rather, you will be facing an administrative inquiry. Here, the committee or board looks into how your conviction history impacts your capacity to carry out your professional obligations.
Criteria for Notification and Reporting
Many employees are not required by law to disclose their criminal activity to their current employers. In most private industries, you do not have to tell your employer about any charges or convictions, except if there is a documented contract stating otherwise.
Reporting requirements vary throughout occupations. Certain professions, like nursing and elder care, as well as medical professionals, may have quarterly reporting obligations. This would imply that you would have to notify your employer about any changes in your record once in three months.
There are additional professions that have self-reporting obligations, such as those in law. A lawyer would have to report their DUI, for instance, within a certain amount of time once it occurs if it occurs over the weekend.
Most licensed professionals have a formal organization that verifies their criminal histories regularly with the California Department of Justice (DOJ). Not only do convictions and citations appear in DOJ records, but so do arrests.
When the licensing body learns that you were recently detained or charged for an offense, it will send you a written notice informing you of your need to provide your employer with all relevant information regarding the arrest or citation.
These reporting requirements help licensing boards uphold professional ethics and public credibility by making sure that people facing criminal accusations get treated impartially and properly in light of their duties.
The Role of an Attorney in Securing Your California Professional License
If you are charged with a crime, it could affect your career and professional license. However, hiring a skilled criminal defense lawyer provides a tactical advantage. Such attorneys do more than just defend against criminal charges. They try to mitigate the impact on your professional reputation. Here is how a defense attorney can help:
Advocacy for Diversion Programs
Certain charges, especially nonviolent and first-time offenders, could be eligible for a diversion program. Successful completion can often result in the withdrawal of charges, thus eliminating the threat to your license. A lawyer can advocate for your candidacy and assist you in meeting the program's conditions.
Expungements
In general, anyone who serves in the State of California or holds a professional license must disclose any convictions to their employers, regardless of whether they later obtain an expungement. Most people can indicate on employment applications they don't have any criminal records following a successful appeal for expungement.
However, this does not apply to those who hold professional licenses. Simply reporting this information does not guarantee an individual's ability to later obtain a professional license after suspension, even if they were studying at the time to eventually get a professional license.
If your conviction has been erased, you could be eligible for a California professional license. Again, each professional license is unique, as are the conditions for reinstatement, if possible.
Preventive Measures
Defense attorneys can negotiate before charges are filed. This proactive approach could push the prosecutor to withdraw prospective charges, thus protecting your career and license.
Strategic Measures for License Reinstatement and Retention
The following are some steps you and your lawyer can pursue to guarantee that your professional license is either reinstated or retained:
Early Legal Intervention
Hiring legal counsel as soon as you are arrested can help you avoid getting charged. This early defense tactic is essential for professionals with licenses at stake.
Navigating Diversion Program Opportunities
An attorney's experience with the diversion program specific to your jurisdiction and charges allows them to efficiently advocate for your participation. This can help you avoid a conviction and the associated license penalties.
Help with Expungement
For prior convictions, legal experience in an expungement process could be important. Although an expunged record does not completely remove the conviction, it can greatly reduce its influence on the status of your professional license.
In summary, the right lawyer does more than just defend against the charges. They also play an important part in protecting your professional future, using a combination of diversion advocacy, preventative strategies, and expungement measures to keep your professional license valid.
How A Professional License Lawyer Can Help
An arrest can negatively affect your career and professional license. However, if you engage an experienced attorney, you could be able to reduce the potential damage to your professional reputation. A criminal defense lawyer can intervene in the criminal proceedings, through a pre-filing investigation to consult with prosecutors and law enforcement about the prospect of avoiding any charges being brought against you.
Other methods could include deferred entry for judgment (DEJ), commonly referred to as diversion. Certain charges could be diverted, which entails entering a guilty plea to one charge, having your sentence extended to fulfill court conditions, and then returning to the court to have the case dropped. This is unlikely to end in a conviction, but it could suggest that the case has been dismissed on your file.
Additionally, the charge could be shifted to a separate charge. This could help demonstrate that there were no victims in the case, like battery or domestic violence charges. Most licensing agencies treat these more leniently, and they appear better on your file.
These and other issues are why it's critical to engage a lawyer who is experienced in handling matters involving professional license holders who have been charged with crimes.
Are Disciplinary Actions Public Records?
All disciplinary hearing results are made public. Most licensing agencies and boards currently post both pending proceedings and final results online. Anyone can easily access your license status and history on the internet. In highly competitive fields like mortgage brokering or real estate, a competitor will likely spread the word about your licensing discipline issues.
Find a San Diego Professional License Defense Attorney Near Me
A lawyer can help you vigorously defend your license by preparing early and collecting all of the facts you need for your defense. They can also help you avoid a disciplinary hearing, which could be costly and unpleasant for you and your witnesses.
If you are facing criminal allegations that could jeopardize your professional license, the San Diego License Attorney team can help. Our legal team specializes in cases involving professional licenses and uses efficient defense methods to protect your career prospects. We value your need for accessibility and flexibility and thus offer a free initial consultation for your case discussion. Call us today at 858-665-2455.
