Facing arrest and a criminal conviction can be a daunting experience. Being convicted of violating California law will not only land you in jail or prison but can also have a devastating impact on your professional license and career.
For most professions requiring a license to practice, you must undergo years of education and training to obtain the license. Unfortunately, all your efforts could be thrown down the drain if you are convicted of a crime. You should disclose your criminal convictions to your licensing board.
However, even when you do not report, they will be notified and launch an investigation to determine the legitimacy of the allegations. A criminal conviction can trigger a wide range of disciplinary actions, including permanently losing your right to practice in your field. If you risk losing your license due to a criminal conviction in Fresno, CA, you will benefit from our expert legal insight at Fresno License Attorney.
An Overview of Criminal Convictions and How They Affect Your Professional License
Different California professionals need licenses to practice their respective fields. A practice license is frequently required for medicine, dentistry, nursing, teaching, and law. Completing the educational requirements and passing the licensing exam in your field may take years of commitment and effort.
Obtaining a professional license will require you to undergo educational training and pass a licensing exam in your field, which could take years of hard work and effort. Unfortunately, your career could go down the drain when your license is suspended or revoked.
Your licensing board could impose disciplinary action against you for various acts, including criminal convictions. Your license can be suspended or revoked even when your conviction is unrelated to your work or ability to offer safe and quality services.
Factors that determine if your Criminal Conviction will Affect your Professional License
Obtaining a professional license requires hard work, training and passing a licensing examination. Therefore, facing a criminal conviction does not automatically result in the loss of a professional license.
Instead, you must go through an administrative hearing where the officials of the licensing board will determine the relationship between your crimes and your ability to practice in your field. Common factors of your crime that could affect the fate of your license and career include:
Nature of the Crime
Whether your offense is a felony, misdemeanor, or infraction, it will affect how the licensing board moves forward with your case and how it will affect your license. If you are charged and convicted for a felony offense, the licensing board could impose harsher disciplinary action than when you are charged with a misdemeanor.
For example, you may walk away with a warning or reprimand letter when you are convicted of misdemeanor trespass. On the other hand, if you are convicted of felony robbery, the licensing board can suspend or revoke your license.
The Outcome of Your Case
Your professional licensing board may be notified of your crimes when you face an arrest. While allegations without a conviction may still impact your profession, your license will be more severe if you go to trial and face a conviction for the offense.
The Type of Professional License you Hold
Different licensing boards have varying regulations on the effect of your criminal convictions on your license. Some boards have stricter rules than others. Therefore, the type of license you hold will impact the outcome.
Whether you Seek or Already Hold Your License
If you committed a crime while still training, obtaining your professional license may prove more challenging. The licensing board may take proactive measures, including suspension and revocation, for individuals who already hold the license.
Steps you Have Taken After the Conviction
The steps you take to change your situation after a conviction for a criminal offense may be critical in determining the outcome of your professional license. If you have sought an expungement or a governor’s pardon for your crime, you may have a better chance to protect your license and career.
Effects of a Criminal Conviction on Your Professional License
When notified of your criminal conviction, your professional licensing board will launch an investigation against you. This is to discover the circumstances of your crimes and how your case ended. You will be notified of this discovery, and the professional board will hold an administrative hearing.
Before you attend the hearing, you must thoroughly prepare by collecting evidence about your case and building a defense strategy for your license. Unlike in criminal trials, where the burden of proof is beyond a reasonable doubt, the evidence in administrative hearings is by preponderance of evidence.
At your hearing, the board must prove that your conviction directly impacts your career.
It's important to remember that the board does not support you when you fight for your license in an administrative hearing. Most of the time, they want to move on and discipline you.
You will require knowledgeable legal counsel to navigate the hearing, defend your rights, and advance your interests. After an administrative hearing, the licensing board can impose the following types of disciplinary action against you:
Formal Warning or Reprimand Letters
A formal warning or reprimand is the lowest level of disciplinary action that your professional licensing board can take after a criminal conviction. It includes a board order that your license has been reprimanded. With the reprimand, the board will issue conditions you must follow, including additional training or supervision.
Probation
Your professional licensing board can impose probation on your license. In this instance, the length of your probation varies from one to two years based on the type and severity of your prior criminal conviction. Among other things, probation entails reporting to the board regularly, following work-hour limitations, and being subject to drug testing.
After your professional probation, you must submit a probation report to the board. The results of this report may be crucial in deciding whether you can get your license back.
Treatment for Substance Abuse
The licensing board has the authority to mandate drug misuse treatment if you are found guilty of a drug-related offense, such as possession of a controlled substance or driving while intoxicated. This may be done as a stand-alone disciplinary measure or as a component of your professional probation.
License Suspension
When your license is suspended for a criminal conviction in California, you can no longer practice in your field for a specific period. In this case, the length of the license suspension will vary depending on the circumstances of your conviction and how it affects your career.
When your suspension period has ended, and you have met all the conditions imposed by the board, you can petition for reinstatement. The board will review your performance and actions during the suspension period before reinstatement.
License Revocation
A revocation of your professional license is the harshest disciplinary action you could face from your licensing board after a criminal conviction in California. Facing a revocation means you will surrender your license to the board and cannot practice. Unlike a suspension, which lasts for a specific time, a revocation is indefinite.
If you seek to practice in your field, you can apply to reinstate the license, which could be lengthy and tedious. You can avoid the harsh consequences for your license or career by hiring and retaining a license defense attorney to help you navigate your case.
Reinstating your Professional License in California
If your professional license is suspended or revoked due to a criminal conviction, you can apply for reinstatement when the suspension period ends. The process of reinstating your professional license will take the following steps:
Meet the Eligibility for Reinstatement
You must meet the eligibility criteria before petitioning your licensing board to reinstate your license. You must not serve a prison sentence or probation for your crimes. Additionally, there should be clear evidence that you have been rehabilitated from the criminal acts that resulted in a suspension or revocation of your license.
Meet Time Limitation
A licensing board can suspend your professional license for a given period, depending on the seriousness of your conviction and the type of license you hold. Before you are eligible for a reinstatement, you must ensure the suspension period has ended.
Besides completing the suspension period, you must have followed through with all the conditions imposed by the board.
File a Petition for Reinstatement
If you meet the eligibility criteria, you can petition your licensing board to reinstate your license. This involves completing the petition form and attaching the supporting documents. Some of the information required when you seek to reinstate your license includes:
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How did you earn your living during the suspension period? You cannot continue to practice with a suspended or revoked license. Therefore, you must prove how you earned a living during the suspension period.
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Your rehabilitation efforts. You must prove to the board that you attempted rehabilitation while your license was suspended or revoked. Additionally, you should show how your rehabilitation efforts will prevent you from repeating the conduct that caused your suspension.
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Your plans after license reinstatement. The professional board will require you to explain what you plan to do or how you plan to move forward with your career after the license reinstatement.
Frequently Asked Questions on the Impact of Criminal Convictions on your Professional License
Holding a valid professional license to practice in different fields in California is an honor. After extensive education and training, your license represents your career and livelihood.
The thought of having restrictions or, far worse, losing the license is challenging. The following are frequently asked questions on the effects of a criminal conviction on your license:
How will the licensing agency learn of my conviction?
You do not have to do so unless you have a signed contract requiring you to disclose your crimes to your employer. However, different professions have varying reporting regulations. Professionals like nurses and caregivers must submit their criminal reports every three months.
Other professionals, like lawyers, have self-reporting policies. You must notify your licensing board of your arrest or conviction within a reasonable time. Most licensing boards regularly check with the California Department of Justice, which has records of arrests, citations, and criminal convictions.
Therefore, even when you do not report your conviction, your licensing board will find out and can take disciplinary action against you. After discovering your arrest or conviction, the licensing board will notify you and your employer. This allows you to seek legal representation and respond.
Am I obligated to report an expunged conviction to the licensing board?
An expungement is a legal process that allows defendants to avoid the collateral consequences of their criminal convictions. Although employers cannot deny you a job due to an expunged conviction, you may still be required to report it to your licensing board, which will inform your employer.
If you faced a conviction before obtaining your professional license, you must disclose the expunged conviction in your application. Whether the licensing board will deny your license application depends on the nature of your crime and how it affects your ability to offer quality services in your profession.
Find a Skilled License Defense Attorney Near Me
In California, a criminal conviction can have severe implications on your career. Whether you seek a license from your professional board or are a license holder, a felony or misdemeanor conviction could impact your ability to practice in your profession.
Different licensing boards have varying regulations on the type and nature of crimes that could cause disciplinary action. Before the licensing board decides on your fate, a board hearing will be held where you can fight to protect your license and right to practice.
Common disciplinary actions that could be imposed include formal citations, professional probation, license suspension, and revocation. While battling the licensing board hearing to avoid these repercussions on your license, you will require expert legal guidance.
At Fresno License Attorney, we understand a criminal conviction's impact on your professional license and career. We will guide you through your licensing board investigations and hearings to ensure a favorable outcome for your situation. Contact us at 559-777-7040 from any location in Fresno to discuss your case.
