If you are a licensed professional arrested or charged with a criminal offense, your livelihood, and career could be on the line. A criminal arrest, charges, or conviction can subject you to disciplinary action by your licensing board, possibly resulting in revocation or suspension of your professional license. You need an attorney experienced in both license and criminal defense to have the best chance of achieving the most favorable outcome for your case.
At Oakland License Attorney, our skilled lawyers understand the intricacies of criminal laws and strategies that can help defend your license after being arrested. If you are accused of a crime, we will work tirelessly and aggressively to safeguard your legal rights, guard your reputation, and help you preserve your license. Contact us today for a complimentary consultation and obtain the legal defense you require.
Overview of Criminal Defense for Professionals
Being a licensed professional means that strict legal and ethical standards regulate you. A criminal arrest can place your career at risk, even when the court later dismisses or reduces your charges. In California, a licensing board might initiate its own investigation, independent of the criminal court process. Understanding what to anticipate and acting immediately is essential in safeguarding your future.
Remember, the licensing board investigations and the criminal case are distinct processes. Even when the criminal court drops or reduces the charges against you, you might still be subject to disciplinary action. Licensing boards usually have lower standards of proof than criminal courts. That means they can pursue legal action against you even if you are acquitted. Having an attorney who comprehends both legal landscapes is essential.
Particular professionals are subject to increased scrutiny when they face criminal charges compared to others. These include the following:
- Financial professionals (stockbrokers, insurance brokers, and CPAs). Trust is imperative in the financial field. Any criminal charge or conviction can result in the termination or suspension of your license.
- Licensed contractors. Even a minor conviction could jeopardize a contractor’s license.
- Real estate brokers and agents. The board responsible for licensing real estate agents requires strict compliance with ethical and legal conduct.
- Educators and teachers. Educators and teachers are usually held to higher moral standards. Criminal charges might lead to credential revocation.
- Lawyers. The legal profession imposes higher ethical standards on professionals. Any criminal conviction or charge can lead to disbarment or suspension.
- Nurses, doctors, and other healthcare professionals. Due to strict rules and regulations governing patient trust and care, healthcare providers risk severe discipline if they face any criminal accusations.
Licensed Professionals’ Mandatory Reporting Conditions
When arrested under California law, you will generally undergo the police booking process. After that, you may be held in police custody or be allowed to post bail for your pretrial release, contingent on the seriousness of the crime. If you are a professional, you might also be subject to immediate employment repercussions and professional licensing consequences.
Many California licensing boards obligate professionals working in the state to self-report a criminal conviction, charges, or arrest within a specified timeframe, typically within weeks or days after the incident occurred. This includes self-reporting any criminal accusation, formal count, or guilty verdict to the licensing board. The reporting timelines vary, with some boards necessitating quarterly reports while others mandate annual reports.
Failure to adhere to self-reporting conditions can result in further disciplinary actions to add to the legal troubles you already have. For example, you can face automatic license suspension or fines, even before the criminal court resolves your case. A lawyer can assist you in navigating these reporting requirements and mitigating their effect on your profession. They can ensure that you do not miss any reporting deadlines, so you do not have problems with the law.
Besides self-reporting, licensing bodies can learn about criminal charges, arrests, or convictions against you from the California Department of Justice’s (DOJ) criminal records. The DOJ stores records of criminal arrests, citations, or convictions. Thus, when your licensing body discovers that the authorities cited or apprehended you for breaking the law, it will inform you in writing of your duty to provide all the relevant details about the conviction, arrest, or citation.
The DOJ sometimes notifies the licensing board of formal charges, a conviction, or an arrest. Therefore, even when you fail to self-report, the licensing agency will still know about your criminal record, and this way, you risk more severe discipline for failing to report.
Nevertheless, even though you must comply with the self-reporting requirements, be careful not to disclose self-incriminating details. Any information you give to the licensing agency investigators may be used against you. Therefore, you should do your self-reporting with help from a knowledgeable license defense attorney to avoid giving statements that the investigators could use against you during your disciplinary proceedings.
Prevalent Criminal Accusations That Jeopardize Professional Licenses
Professional licensees are especially susceptible to crimes that raise doubts about their judgment, ethical standing, and capability to do their work responsibly. The following are the prevalent crimes that can place a professional’s license in jeopardy:
Sex Offenses and Crimes of Moral Turpitude
Any crime of moral turpitude or sexual misconduct may lead to severe repercussions for professional license holders or applicants. Healthcare workers, legal professionals, and educators, in particular, are subject to increased scrutiny from licensing agencies regarding charges of a sexual offense. Convictions for crimes like solicitation, possession of unlawful materials, or sexual assault often result in automatic license suspension, revocation, or a permanent ban from practicing your profession.
Embezzlement, Fraud, and Financial Violations
Financial crimes, such as embezzlement and fraud, are taken particularly seriously by the licensing authorities that regulate lawyers, healthcare administrators, and financial professionals. A conviction could result in immediate license revocation, suspension, or, in certain fields, permanent banning from practicing. Licensing boards usually conduct their independent investigations distinct from the criminal court proceedings, and even a fraud allegation can severely affect a license holder’s standing.
Assault and Domestic Abuse Charges
Assault and domestic violence convictions can be especially detrimental for professionals in caregiving roles, like educators, doctors, and nurses. Many licensing authorities view violent crimes as a sign of bad moral character and a possible threat to workplace safety. Even if there is no conviction, domestic violence allegations may result in board investigations, disciplinary processes, and disciplinary action.
DUI and Drug-Related Crimes
A conviction of DUI or a drug crime can have harsh consequences for professionals, especially those in legal and medical fields. Even a first-time violation can result in a licensing authority holding a review and possibly subjecting you to discipline.
Licensing agencies consider drug abuse matters a possible risk to public safety. That is why commercial drivers, healthcare providers, and other professionals working with vulnerable populations might be subject to mandatory rehab programs or license suspension after an arrest for DUI or a drug-related crime.
Possible Consequences for Professionals Convicted or Accused of a Crime
A significant section of license agency disciplinary actions is due to criminal convictions and charges. With virtually instant electronic reporting avenues, licensing agencies are notified of their license holders’ convictions and when prosecution files criminal charges.
Even the pressing of charges against you might result in temporary disciplinary action against your professional license, often in the form of an interim suspension. If, for example, you are a nurse accused of sexually abusing a patient or a doctor accused of stealing or reselling drugs from the hospital facility’s stock. The licensing agency may serve you with a motion for an administrative law judge to impose the interim suspension order. This is pending the outcome of the criminal case.
You may challenge this motion, but you must act quickly if you wish to continue to practice while your criminal case remains pending. A skilled license defense lawyer, who also understands criminal defense, can investigate the board’s allegations, gather evidence, and contest any interim suspension order.
Other possible consequences involving your license, based on the seriousness of the criminal accusations you face, include the following:
- Fines and assessment costs from licensing authorities. Many licensing authorities will impose financial penalties if you are accused of a crime.
- Increase professional liability insurance rates. Criminal charges or a conviction can make it impossible or more costly to acquire professional insurance.
- Mandatory rehabilitation or ethics programs. Based on the case facts, the board may require you to complete further rehabilitation or training before you are reinstated to your position.
- License revocation or suspension. The board suspending or revoking your license prevents you from continuing to practice, even if your criminal case remains pending or is ultimately dismissed. If your license is suspended, it means you will temporarily cease practicing and can reinstate it after a specific period or by taking a particular action as directed by the board.
For example, if charged or convicted of DUI, the board may suspend your professional license and direct you to complete DUI classes before you can seek reinstatement. When your license is revoked, on the other hand, it means you are permanently prohibited from practicing your profession. But a professional with a revoked license can sometimes reinstate it or apply for a new one, depending on the respective board’s rules and regulations.
- Permanent reputational damage. Criminal charges, convictions, and licensing authority actions are usually public records. That means everyone can access them, which could severely damage your professional standing.
Licensing boards assess a criminal conviction on an individual case-by-case basis, whether due to a guilty plea or jury findings of guilt, and regardless of whether it occurred within California or another state. The administrative laws governing procedures do not differentiate between felonies and misdemeanors. Based on the specific licensing board’s rules, disciplinary action can be imposed even for a minor conviction. For many boards, the standard measure is whether the crime is substantially related to the functions, duties, and qualifications of the license holder.
Most licensing boards and authorities have established disciplinary guidelines that recommend particular disciplinary actions for particular crimes. Despite there being no lawful difference between a felony and misdemeanor conviction, the disciplinary action is virtually always more serious for felony convictions. A critical element of the disciplinary actions is the administrative board hearings. However, this hearing will not be conducted unless you request it, and the timeframe for requesting it is limited.
If your licensing board has notified you that it has filed an Accusation against you, do not wait to contact a lawyer. Before the licensing board proceedings, preparing evidence and assembling evidence that contests the board’s actions is essential. A skilled professional license defense lawyer knows how different boards work, the types of mitigation they can accept, and the available disciplinary options.
Safeguarding Your License After a Criminal Arrest
Immediate steps to take after being arrested for a crime include the following:
- Do not talk to the police without a lawyer present. Anything you say could be used against you in court or during disciplinary proceedings.
- Contact a license defense counsel who understands criminal defense laws to start developing your defense strategy immediately.
- Collect any relevant documentation in favor of your case. This includes character references, employment records, and any communication with your licensing authority.
- Do not discuss your case online or with your colleagues. Public discussions could complicate things. They may be used as evidence against you.
- Adhere to the reporting requirements while you seek legal advice to ensure you meet the necessary deadlines without risking your license.
Find an Expert Professional License Attorney Near Me
As a professional license holder, your initial step after a criminal arrest should be to contact a skilled professional license attorney who is also experienced in criminal defense. Early attorney intervention can avert damaging missteps, like failure to satisfy reporting deadlines or self-incrimination. The lawyer will also review your case, assist you in understanding your legal rights, and develop a robust defense strategy aimed at dismissing or reducing the charges you face.
At Oakland License Attorney, we can do more than this. We boast skilled attorneys who can work proactively with the licensing board to present your case in the best possible light, reducing the odds of license revocation or suspension. Do not hesitate to call us at 510-250-4709 for a consultation if you have been arrested or convicted. We will do everything possible to obtain the most favorable outcome for you.
