A conviction could significantly impact your career, especially if you are convicted of a criminal offense and hold a state-issued professional license. You should act as fast as possible to counter the potential impacts before it is too late. Securing a professional license is not easy. You must work hard to fulfill prerequisite training and undergo an expensive and tedious license application process. If you are a licensed professional facing criminal charges, you should hire an experienced license attorney to help preserve your license. At the Kern County License Attorney, we have experienced attorneys who can represent you and ensure you receive a fair ruling.

How The Licensing Board Can Access Information Regarding Your Criminal Charge

You should notify the licensing board if you have been arrested or are facing criminal charges. The time within which you should notify the board varies from one board to the next. However, you should notify the board within the shortest time possible after receiving a criminal citation or after being charged with an offense formally. The DOJ can also contact your licensing agency regarding the criminal arrest or charge.

You could be required to contact your state licensing board to determine the reporting requirements and the designated reporting time. A professional license defense attorney could also help confirm this information. Apart from reporting yourself, licensing agencies conduct regular checks with the state DOJ's criminal record department. This enables them to access records on arrests, convictions, and tickets.

Your licensing agency will notify you after discovering a criminal accusation against you. The licensing agency will likely inform you by mail. You could be ordered to provide all necessary details regarding the criminal incident.

You should cooperate with your licensing board during the investigation period. However, giving out crucial information to the board is not advisable before consulting your attorney. Anything you disclose to the investigators could be used later against you in court.

When a Criminal Charge Could Lead to Professional Discipline

Bad publicity can result if a professional is convicted of a misdemeanor, infraction, or felony. The situation could be worse if your potential and existing clients learn about your case. Fortunately, not all criminal charges will affect your professional license. Whether your license will be affected will depend on the type of your crime and other relevant case-specific information.

The standard rule is that your criminal charges must bear a "significant relationship" to the duties of your profession. However, the prosecutor can interpret the term "significant relationship" expansively to ensure you are convicted. Therefore, you need a skilled, licensed defense attorney to fight the prosecutor's allegations.

Other Factors That Could Make Administering Professional Discipline

The other factors that could make you face professional discipline include:

Your Case Is Categorized as a Misdemeanor, Infraction, Or Felony

You could face professional discipline if your case falls under these categories. However, the more severe the crime, the more likely the professional discipline.

The Status of The Case

If you were arrested or given a citation by the police but never charged formally by the District Attorney, you stand a better chance of avoiding professional discipline.

If Your Case Has Been Resolved

How your case was resolved also matters. The following are the possible case resolutions:

  • The judge considered you guilty.
  • You pleaded guilty.
  • Serving a jail term or probation.
  • Found innocent at a jury trial.
  • Dismissal of the charges as unsubstantiated.
  • Deferred entry of judgment.
  • Alternative or diversion sentencing.
  • Your charges were reduced, and your sentence was lightened based on mitigating factors.

Rehabilitation Efforts

You can avoid professional discipline if you have undergone significant rehabilitation, but not exclusively alcohol and drug rehabilitation.

Your Practice Period

The board will consider the time you have conducted your practice without any formal discipline before you were charged with the crime.

Prior Record

The board will check if you were already on license probation or probation imposed by the court when you committed another crime.

The Board You Are Dealing With And The Type Of Professional License You Hold

Some licensing boards or agencies are harsher than others. For example, medical licenses are suspended for all felonies, but they are sometimes suspended for misdemeanor accusations.

The Nature Of The Crime

The board will determine if you committed an offense of moral turpitude. An offense of moral turpitude shows a particularly reckless, vile, or morally depraved conduct. A mere regulatory violation cannot be as heinous as an offense of moral turpitude. However, violating any law could still lead to professional discipline.

Types Of Professional Discipline That The Board Could Impose

The licensing board could administer professional discipline in various ways. The board will, however, wait for the trial outcome. A licensing board can impose the following disciplinary actions:

License Probation With Stay Of Suspension

The licensing board can allow you to continue your practice on probation under supervision and allow your suspension to be stalled. This could happen after a short actual suspension. You will be restricted and monitored. You can have your license fully restored if you comply with the terms of probation and complete your probationary period.

License Suspension Or Revocation

The board could withdraw your legal right to continue your practice for a designated period. This is a harsher punishment that would require the help of a licensing attorney. On the other hand, your license could be reinstated after a certain period after completion of the necessary paperwork. It could also be reinstated after the board holds a special hearing.

A Public Citation And Fine

A citation is the worst discipline because it can cause most prospective clients to avoid your practice or services. Sometimes, the fine could also be very high.

Private Censure

In this case, the licensing board could issue you a warning letter that the public cannot access.

Avoiding License Suspension While Facing A Criminal Charge

Winning an acquittal or a dismissal in a criminal case is essential. In certain situations, winning a sentence that will enable you to retain your license is also crucial. On the other hand, you should exercise your right to have an administrative hearing if you are convicted of a crime. You can do this even if you plead guilty to the crime. An administrative hearing can also happen even if you are acquitted. You can avoid the administrative hearing by agreeing with the board to have your charges dropped.

You can clear yourself or reduce the form of discipline if you attend an administrative hearing. At the hearing, you can present mitigating factors to have your charges reduced or dropped. The hearing will not rehearse the trial once you are convicted but will focus only on mitigating factors.

The following mitigating factors can turn your license suspension into license probation:

  • Reporting the incident personally to the licensing board without being coerced or forced.
  • Making voluntary restitution to any affected persons or victims. However, you should not do this in a way that shows guilt because it could lead to unnecessary criminal convictions.
  • Making early rehabilitation efforts.
  • Cooperating with the licensing board investigators.
  • Lack of prior disciplinary or criminal history.
  • No harm or injury was caused to the patients or clients.

Other Factors That Could Save Your Professional License In A Criminal Case

  • Keeping any criminal probationary period as brief as possible.
  • Negotiate for a deferred entry of judgment if you cannot avoid a conviction in the criminal trial. In this case, you could be released and serve probation or have to finish rehabilitation or another program. This will help you retain your license and continue practicing.
  • You could employ certain legal and ethical "delay tactics" in some situations. For example, you could delay reporting to the board while your attorney negotiates a plea deal.
  • Pre-filing a litigation letter to the District Attorney and prevent formal filing of a criminal charge.

A Hearing On Your Discipline Case

According to the Administrative Procedure Act, you have a right to an administrative hearing in your professional discipline case. An administrative hearing will be a "check" on overzealous enforcement efforts. The administrative hearing also ensures a proper balance between your right to earn a living and the public's right to be protected against dangerous professionals. The Office of Administrative Hearings (OAH) is responsible for managing the process of administrative hearings.

An OAH administrative hearing is a mini-court trial with witnesses, evidence, and opening and closing statements. The hearing usually takes place in a unique courtroom. An administrative law judge (ALJ) presides over the hearing. The ALJ is independent of the licensing authority attempting to deny or remove your license. The ALJ is a competent attorney who works to ensure you receive a fair judgment.

Pre-trial Discovery

A lot of work takes place before the actual hearing. This is the period when your attorney gathers evidence for your case. The discovery process is not complex in the context of an administrative hearing. You can access essential materials like:

  • Investigative reports made by or on behalf of the licensing authority.
  • Copies of statements necessary for the licensing authority's case.
  • The names of the witnesses the licensing board intends to call to testify.

Evidence And Testimony

The rules governing the evidence and testimony are straightforward in an administrative hearing. However, the law allows you to do the following:

  • Present necessary evidence.
  • Call and examine witnesses.
  • Cross-examine opposing witnesses.

The law allows you to testify on your own behalf. On the other hand, the licensing board can still call you to testify "as if under cross-examination, even if you choose not to testify.

It is always advisable in conviction-related disciplinary hearings to table the evidence proving that:

  • You have been rehabilitated from your offense.
  • Your charge was for an offense that is not related to your profession.

Proposed Ruling

The ALJ will recommend your case to the licensing board about a month after the hearing concludes. This is referred to as the "proposed decision." The licensing board will have 100 days to determine whether to adopt the ALJ's proposed ruling. The licensing board will always agree with the ALJ's proposed ruling. Sometimes, however, the licensing board disagrees with the ALJ's ruling and issues another disciplinary order.

You can appeal to the court if you lose at the administrative hearing. You could do so by filing a "writ of administrative mandate" petition requesting the Superior Court to review and reverse the order issued by the licensing board.

The Supreme Court's work is to ensure that the licensing board does not abuse its discretion by failing to follow the law. The Court does this because the licensing board could issue a disciplinary action unsupported by the findings.

Previous Charge and License Suspension

There is always hope, even if you lose your license or are convicted of a crime. You could gain a certificate of rehabilitation or have your crime pardoned. You could also have your criminal conviction expunged or your record sealed. Any of the above strategies could help you petition for a license reinstatement.

You cannot be denied a professional license in California if all offenses against you are expunged. Unfortunately, not all charges qualify for expungement. If your expungement is not possible, the best course of action is to seek a governor's pardon or secure a certificate of rehabilitation.

Additionally, you should seek a "factual finding of innocence" if your criminal case is dismissed. This finding can enhance your chances of retaining your license. Typically, administrative board disciplinary actions are independent of court decisions. Sometimes, however, court decisions influence administrative board disciplinary actions.

Find a Professional License Defense Attorney Near Me

Criminal charges can hurt your professional license. You should hire a skilled licensed attorney if you risk losing your California professional license. At the Kern County License Attorney, we know how distressing it can be to have your hard-earned license at risk. We have helped many clients defend their licenses across various professions, from educational to medical to contracting licenses. We protect our clients' rights to ensure they receive a reasonable ruling. If you or your loved one faces criminal charges that could jeopardize your professional license, we can help. Contact us at 805-702-8560 to speak to one of our attorneys.