A conviction could have significant impacts on your professional license and future career. If you face criminal charges and hold a state-issued professional license, contact an experienced license attorney immediately. Considering the tedious process of obtaining a professional license, you should not wait until it is too late to save your license. 

The process of obtaining a professional license is lengthy. You have to meet the prerequisite training, which is expensive, and you must endure the tedious license application process. You, therefore, require a skilled license attorney to walk with you if you face criminal allegations related to your profession. At the San Jose License Attorney, our experienced license defense can defend your professional license. We have fought for professionals facing different criminal allegations for years and obtained favorable outcomes. 

When Will a Crime Attract Professional Discipline?

Facing criminal charges like a misdemeanor, felony, or even a mere infraction could taint your reputation if prospective clients learn about the case. If the judge finds you guilty, each crime attracts distinct penalties. The penalties you would face for a misdemeanor offense differ from those for a felony. However, not all offenses automatically lead to an action against your professional license. This principle is also applicable to prior criminal convictions. Whether a crime will affect your license depends on the nature of the crime and other relevant details. 

The general rule is that an offense must have a ‘’substantial relationship’’ to the standards or duties of the professional behavior expected of an individual holding your type of license. However, the prosecutor could interpret the term ‘’substantial relationship’’ widely. At this point, you require a skilled license defense attorney to challenge the prosecutor’s legal moves. 

Other factors that could determine whether the board would administer professional discipline include:

  • Whether your case has already been resolved — in this situation, how your case was resolved is crucial. Some resolutions could include being found innocent at a jury trial, dismissal of the case as unsubstantiated, deferred entry of judgment, or alternative or ‘’diversion’’ sentencing. The judge can also reduce your charges and the accompanying penalties based on mitigating factors. Other possible resolutions include sentencing to jail or probation, being found guilty, or pleading guilty.
  • Whether you have taken any significant rehabilitative efforts, especially for cases revolving around alcohol or drugs
  • The period for which you have conducted your practice without any formal discipline before you were charged with the crime
  • Whether you were already on probation imposed by the court or license probation when you committed the new crime
  • The board you are dealing with and the type of professional license you hold — Typically, some licensing agencies or boards are harsher than others. For example, the board could suspend your medical license automatically if you commit a felony. A license suspension could result even from a misdemeanor accusation without sufficient evidence.
  • The nature of the offense and if it amounts to a crime of ‘’moral turpitude’’ — in this case, it involves moral turpitude if it shows a particularly vile, reckless, or morally depraved crime. Committing a mere regulatory offense cannot be as egregious as a moral turpitude offense. However, you could still face professional discipline if you commit any offense. 
  • The status of the conviction — You stand a better chance of avoiding professional discipline if you were arrested or given a citation by law enforcement but were not charged formally.
  • Whether your crime is categorized as a misdemeanor, felony, or infraction, you could face professional discipline if convicted. However, the more severe the offense, the more likely discipline is, and the more severe it would be if administered. 

How The Board Could Know That You Are Facing A Criminal Charge

You are personally required to let the licensing board know of any arrest, formal criminal charge, or conviction. When you should inform, the board varies from one board to the next. However, most boards require license holders to self-report every quarter or year after being formally charged with a crime or upon receiving a criminal citation. 

You should reach out to your state licensing board to review the requirements for reporting and the period within which you should report. Your license defense attorney can help you check on this information. 

Apart from reporting yourself, the licensing board checks regularly with the state DOJ’s criminal record department. This allows the board to access arrest records, tickets, and convictions. The board will send you a notice by mail after discovering a criminal accusation or arrest record against you. They will also order you to reveal all necessary information regarding the incident. 

The DOJ could contact your licensing board regarding the criminal arrest or conviction. You should cooperate with the licensing board but do not share crucial information with them before consulting your attorney. Any information you divulge to the investigators could be used against you in court. You should first seek sound legal guidance.  

The Kind Of Professional Discipline You Could Face

The licensing board could react to a criminal proceeding or conviction against you in several ways. They could wait for the trial outcome to see whether they will find a case against you. However, the board can sometimes establish that the offense is not substantially related to your practice. 

Generally, if the board decides to take disciplinary action against you, the following are the main possibilities:

License Suspension Or Revocation

You will not continue your practice for a specific period if the board suspends or revokes your license. This is the most severe form of discipline the board could impose. If you have a competent license attorney, the attorney will negotiate to avoid severe discipline. You should not give up, even if the board suspends or revokes your professional license. A suspended or revoked license could be restored after a designated period. It could also be restored after completing the necessary paperwork and scheduling a special hearing. 

License Probation With Stay Of Suspension

In most situations, the board will allow your suspension to be stayed. This could happen after a short actual suspension, after which the board will allow you to continue practicing on probation and under supervision. You will be restricted and monitored. The board will fully restore your professional license if you comply with the conditions of probation and complete your probationary period.

A Public Citation and Fine

The worst disciplinary action to face is a public citation because prospective clients could avoid your practice. The fines involved can also be high.

Private Censure

This is a warning letter. The public cannot access the warning letter. 

Preventing License Suspension After a Criminal Charge

Winning an acquittal or a dismissal in your case is essential. Winning a sentence that allows you to retain your license is also a significant achievement and the best possible result in some situations. If you are convicted of an offense, you should exercise your right to have an administrative hearing, even if you plead guilty. You could request an administrative hearing even if you are not convicted. You could also avoid the hearing by negotiating with the board or having them dismiss the formal accusation. 

You can get a chance to clear your name if you attend an administrative hearing. Requesting and attending an administrative hearing also allows you to reduce the potential for professional discipline since your attorney will present mitigating factors in your favor. Unlike a trial, the administrative hearing will concentrate on the mitigating factors. 

The following mitigating factors could prevent license suspension and turn it into license probation:

  • When you report the incident to the board without being coerced to do so
  • Seeking rehabilitation early and making voluntary restitution to any victims or individuals affected. However, you should not do this in a way or at a time that implies guilt and leads to an unnecessary criminal charge.
  • Cooperating with the board’s investigators
  • Lack of any prior criminal or disciplinary record
  • If no patient suffered an injury

Some additional mitigating factors could also help you avoid a license suspension. First, you could pre-file a litigation letter to the district attorney and prevent a formal criminal charge. You can use specific ethical and legal ‘’delay tactics’’ in some situations. The delay tactics could help you delay self-reporting to the board in some cases as your attorney negotiates for a plea deal. 

The best plea to negotiate for is deferred entry of judgment if a conviction in the criminal trial is unavoidable. Your attorney could also negotiate for a diversion program. This will keep you out of custody, though you will be on probation. The judge can also order you to complete a rehab or other program. This will enable you to keep your license and continue practicing because you cannot practice while incarcerated. 

Your attorney could negotiate with the court to keep your criminal probationary period brief. A short probationary period is a less severe sentence. Usually, a license probation period takes the same time as criminal probation. 

However, the court cannot make probation requirements overly lenient to the point that the board feels you are likely to commit another crime while on probation. Additionally, the court does not impose severe probation terms, but only those that seek to protect the community and keep you from committing a repeat crime. 

Previous Conviction And License Suspension

All is not lost if you lose your license after a conviction. Your attorney can work to have:

  • Your criminal conviction was expunged
  • Your crime pardoned
  • If your record is sealed or
  • You have secured a certificate or rehabilitation

Any of the above strategies could assist you in filing a successful petition for the reinstatement of a suspended license. Generally, you cannot be denied a professional license if all crimes on your criminal record go through expungement. You can only be denied it in a few sensitive professions. Unfortunately, not all convictions qualify for expungement. If you do not qualify for an expungement, the best course of action is to secure a certificate of rehabilitation or a governor’s pardon.

You should seek an official ‘’factual finding of innocence’’ if your criminal case is dismissed. This will help increase your chances of retaining your license. Typically, administrative board punishments are independent of the decisions made by the court. 

Frequently Asked Questions About Professional Licenses

The following are the frequently asked questions regarding professional licenses:

Do Complaints From The Public Always Lead To A Disciplinary Investigation?

Not all the complaints result in an investigation. Often, complaints lead to a review of the complaint and sometimes result in an investigation. A complaint will likely not lead to a disciplinary investigation if:

  • The complaint raises issues that are beyond the jurisdiction of the licensing board
  • The complaint raises issues that are barred by the statute of limitations

If a disciplinary investigation does not occur, the board will notify you of the complaint’s dismissal in writing. 

What Could Happen If I Fail To Renew My Professional License On Time And Continue To Practice?

This will depend on your profession. However, you have a grace period of 30 to 60 days, during which you can continue to practice under your old license as long as you have fulfilled the requirements for your license renewal. It will be a crime for you to continue practicing if you have not completed the renewal process by the end of the grace period. Practicing without a valid license is a felony in California, and the penalties could include license revocation, jail term, and significant fines. 

What Are My Options If I Lose At A Disciplinary Hearing?

The law allows you to appeal the administrative ruling to the superior or trial court. You could also petition the licensing board to restore your license after the designated waiting period. 

Find An Experienced Professional License Defense Attorney Near Me

Obtaining a professional license in California is no easy task. You must be willing to put in many hours of training, pay the necessary fees, and fulfill all the licensing requirements. Having a single criminal allegation put your license at risk would be detrimental. If you are a professional license holder and learn that you are under investigation for an offense, you must act first. Your first step should be to contact an experienced license defense attorney. An attorney will evaluate the facts of your case and determine the best course of action. If you need a reliable yet affordable license defense attorney, contact the San Jose License Attorney. Our attorneys are compassionate and responsive. We will go out of our way to protect your license. Contact us at 408-850-3740 to speak to one of our attorneys.