A conviction can have a negative influence on your future career if you are accused of a crime and are a holder of a professional license. You should move fast to mitigate the potential consequences. Securing a professional license requires hard work, both through training and going through a demanding and costly application process. You should seek the services of a competent attorney with experience in defending professional licenses against all manner of claims. At the San Francisco License Attorney, we have qualified attorneys who can protect your professional license even if you face criminal charges.
Whether You Can Lose A Professional License Because Of A Conviction
A previous conviction can continue haunting you even if you have turned things around, fulfilled your probation conditions, or had your charges dropped. The following could happen if you were convicted of an offense that was considered related to your profession:
- Suspension of your professional license, or
- Revocation of your professional license
Some of the considerations that the regulatory board can make before revoking or suspending your license include:
- Diversion programs
- Practice restrictions
- Supervision
- Education or treatment for substance abuse
- Alcohol or drug testing
- Probation
- Fines, or
- Citations or warning letters
The board can deny you a professional license because of a previous conviction, which is related to your duties, functions, or qualifications of your profession.
Prior convictions can significantly affect your ability to secure or keep specific professional licenses. You should be honest with your licensing agency regarding your criminal record. Some agencies will demand to know about every arrest and charge, even if the charges were expunged, occurred several years ago, or were dismissed. The agency might also want to know even if you committed the offense while a minor.
The licensing agency can revoke your license or disqualify your license application even if the underlying offense is not severe. The agency can also consider a failure to report as a deliberate misrepresentation by you, even if you had honestly forgotten about the case.
Having a criminal record is not the only way to face punishment from the licensing agency. A pattern of problematic behaviors can be enough to jeopardize your license, including reports of you:
- Using illegal drugs outside of work
- Acting impaired at work
- Smelling of alcohol or marijuana at work
Ways In Which The Licensing Agency Can Learn Of Your Criminal Charge
You should self-report any arrest, conviction, or formal criminal charge to your licensing agency. The reporting differs from one agency to another. However, you should report quarterly or annually, upon being formally charged with an offense or receiving a criminal citation. You are required to contact your licensing agency to inquire about the reporting requirements and the statute of limitations. Your licensing attorney can also check for you.
Apart from self-reporting, the licensing board will also check regularly with the DOJ’s criminal record department. This will assist in accessing licensees’ records on arrests, tickets, and convictions. The licensing agency will send you a notice by mail upon establishing a criminal arrest or charge on record against you. The notice will notify you of what they have established and order you to reveal all essential information regarding the case.
The DOJ can also inquire with your licensing agency about any criminal arrest or charges. You should cooperate with the licensing board, but do not give them essential information before consulting your license defense attorney. Any information you provide to the investigators could be used against you.
A Hearing On a Disciplinary Case
You have the right to an administrative hearing in your disciplinary case, as outlined in the Administrative Procedure Act. An administrative hearing acts as a ‘’check’’ on overzealous enforcement efforts. The hearing ensures a balance between the public’s right to be protected from dangerous professionals and your right to earn a living.
The following factors will be considered during an administrative hearing:
- Whether your crime is a misdemeanor, an infraction, or a felony, you could face disciplinary actions for any of these offenses. However, a more severe crime will attract a more severe punishment.
- The status of your offense — You can escape professional discipline if you were arrested or secured a citation from the police, but never formally charged.
- The nature of your offense and whether it is considered an offense of moral turpitude. Offenses of moral turpitude show vile, reckless, or morally depraved crimes. A mere violation of regulatory rules cannot be as severe as an offense of moral turpitude. However, breaking regulations can still attract professional discipline.
- The kind of professional license you hold — Some licensing agencies or boards are stricter than others. For example, medical licenses can be suspended for any felony committed.
- If you were on probation when you committed a new offense
- The period you have practiced without a formal punishment before you committed the offense.
- Whether you have undergone any significant rehabilitative efforts if you were a drug or alcohol addict.
- If the court has already determined your case, and how it was resolved. Some of the resolutions can be pleaded guilty, or the charge may be reduced and the sentence lightened based on mitigating factors. Other resolutions include dismissal of the charges, being found not guilty at a jury trial, or deferred entry of judgment.
The Office of Administrative Hearing is like a mini-court trial with the following:
- Opening and closing statements
- Witnesses, and
- Evidence
The hearings often take place in specially designated courtrooms, and an administrative law judge (ALJ) presides over the proceedings. The ALJ works independently from the licensing agency, trying to revoke your license. He/she is often a competent professional who ensures you get a fair trial.
In a criminal case, a prosecutor can only win if he/she proves beyond a reasonable doubt that you committed an offense. The licensing agency must provide sufficient evidence that you do not deserve to hold a professional license. However, in the case of a statement of issues, the burden of proof lies with you to show that you deserve a professional license.
The Disciplinary Actions The Licensing Agency or Board Can Impose on You
The licensing agency can act on your criminal conviction in many ways. They will wait for the outcome of the proceedings. Sometimes, your offense might not be related to your practice. This means your case will not be compelling. However, you could face the following penalties if the licensing agency decides to take disciplinary action against you:
License Probation With Stay Of Probation
In most situations, the licensing agency can grant a stay on the suspension of your license. This can occur after a brief actual suspension, allowing you to continue practicing on probation and under supervision. You will be restricted and monitored. However, you are also expected to comply with the probationary terms and complete your probation period. Your license will be fully restored if you meet this requirement.
Suspension or Revocation Of Your License
You may lose your right to continue practicing for a designated period if the licensing agency suspends or revokes your license. This is one of the most severe disciplinary actions you can face, and it requires the representation of a skilled licensing attorney. However, a revoked or suspended professional license can be reinstated after a specific period. Your license can be reinstated after completion of the necessary paperwork and attending a special hearing.
Fine And Public Citation
A citation can be worse because it can cause potential clients to avoid your practice. However, you can also face hefty fines.
Private Censure
Private censure is often a warning letter, which the public cannot access.
The Common Offenses For Which Citations Are Issued
A criminal conviction in California can attract severe consequences for professionals. Licensing agencies often review the records to ascertain if your behavior meets the criteria required to practice in your field. The following are the common violations for which citations are issued:
- Failure to report your arrest or conviction to the licensing agency
- Common crimes involving team name requirements, license disclosure requirements, and advertising.
- Insufficient supervision occurs when a professional fails to oversee their agents and ensure they adhere to the law.
- Unlicensed activities or crimes committed by unlicensed professionals. This often involves property sales, mortgage loan origination, and property management.
Whether You Can Appeal After Losing At The Administrative Hearing
There are other options if you have gone through the hearing without success. You can present a writ of administrative mandate petition requesting the Superior Court to review and change the licensing agency’s order. This is a special hearing in which a trial court judge reviews everything to determine if you had a fair trial. The judge will also determine if the licensing agency abused its powers. Sometimes, the licensing agency can fail to comply with the law. The agency can impose an order on you that is not supported by findings. It can also make findings that are not supported by evidence.
For example, the Department of Real Estate and ALJ can reject your application because of your prior conviction for making false statements related to unemployment benefits. The law allows you to file a petition for a writ of mandate in this situation. The agency’s order can be overturned if it is established that the evidence did not prove the relationship between your conviction and your ability to engage in future broker activity.
Maintaining Your Professional License Amid Criminal Proceedings
Winning an acquittal or a dismissal in your case is essential. However, winning a sentence that enables you to maintain a professional license is also beneficial. This could be the best result in some cases.
You should also exercise your right to have an administrative hearing even if you plead guilty. The hearing can also be avoided by negotiating with the licensing agency or having your charges dropped. You will have a chance to clear yourself if you are granted an administrative hearing. Through an administrative hearing, your penalties can be reduced because your attorney will present mitigating factors in your favor. The hearing will not rehearse the proceedings once the court convicts you. It will only concentrate on mitigating factors. The following are some of the mitigating factors that can help you keep your professional license:
- Self-reporting the offense early to your licensing agency without being coerced
- Going for rehabilitation early and making voluntary restitution to any person or victim. However, you should not do this at a time or in a way that shows you are guilty because it can attract unnecessary criminal conviction.
- Cooperating with the investigators of the licensing agency
- Lack of a criminal record or no previous disciplinary action
- No harm is caused to the patients if you are a medical professional
Other factors that help you keep your professional license in a criminal case include:
- Pre-filing a litigation letter to the District Attorney to prevent filing a criminal charge against you
- Using specific legal and ethical delay tactics can delay reporting to the licensing agency while a plea deal is being negotiated.
- Negotiating for a deferred entry of judgment or securing a diversion program if you cannot avoid a conviction in the criminal trial. This will help you get out of custody, but you will be on probation or have to complete a rehabilitation or other program. If this happens, you maintain your professional license and continue practicing.
- Pursuing a short criminal probationary period
The court can impose probation that will require you to avoid committing additional offenses. The probationary terms are often meant to protect the public from harm, alleviate the fears of your licensing agency, and help you keep your license.
Find A Reliable License Attorney Near Me
If you face an arrest as a licensed professional, you will likely face more than criminal charges. Your license could also be at risk, and you will be dealing with a potential adverse effect on your reputation, career, and future. At the San Francisco License Attorney, we understand the challenges that professionals face when accused of committing an offense. We have helped numerous professionals to mitigate their convictions and safeguard their professional licenses.
We have collaborated with numerous professionals from diverse backgrounds, including nurses, doctors, real estate agents, accountants, financial advisors, and others. With our experience and well-calculated license defense strategies, we can minimize the impact of an arrest or criminal conviction on your professional license. Contact us today at (415) 707-6383 to speak to one of our license attorneys.
