A criminal conviction can have severe consequences for professionals. You could face potential fines and jail time, and your state-issued professional license could be at risk of revocation or suspension. The stress and uncertainty of the legal system are overwhelming, but you do not have to face them alone.
If you are a professional facing criminal charges or investigations in Santa Cruz, our professional license defense attorneys at Santa Cruz License Attorney are ready to help. We understand your challenges and have a proven track record of defending professionals' licenses across various areas. Do not overlook the potential repercussions until you are suffering.
Do not let a criminal charge derail the career for which you have toiled. Contact us for a free consultation and step-by-step guidance throughout your criminal defense.
A Criminal Conviction Could Trigger Professional Discipline
A criminal conviction, whether a felony or misdemeanor, does not automatically lead to professional discipline. However, it significantly increases the risk and obviously ‘bad publicity,’ especially if your prospects learn of your criminal record.
Licensing boards have a responsibility to protect the public. They may take action if they believe a conviction reflects poorly on your ability to practice your profession safely and ethically. The crime you are accused of should be connected to your job. If your job is to be a safe driver, and you get a ticket for reckless driving, that's connected.
The prosecution might stretch that connection and amplify an infraction to appear like a severe crime. That is why you need a good license defense lawyer who knows the rules and can argue for you.
Several factors come into play when a licensing board evaluates a criminal conviction during an administrative hearing. These include:
- The severity of your offense. Infractions, misdemeanors, and felony offenses could attract professional discipline. The more severe your crime is, the more likely you'll be punished and the harsher that punishment will be. That means felonies are more likely to trigger discipline than misdemeanors or infractions.
- Nature of your offense. Crimes of moral turpitude, such as fraud, theft, or violence, are viewed more harshly than regulatory violations or minor offenses.
- The status of your charge. For example, if the police stopped you or gave you a ticket, but the district attorney never officially accused you of a crime, you have a better chance of not losing your professional license.
- Relevance to your profession. If the alleged crime is directly related to your professional duties or raises concerns about your competence or integrity, the board is more likely to take action.
- The time that has elapsed since your conviction. A recent conviction is more likely to trigger discipline than an older one, especially if you have a clean record in the intervening years.
- Evidence of rehabilitation. Demonstrating rehabilitation through therapy, community service, or other measures can mitigate the consequences of a conviction.
- Your professional history. A history of prior disciplinary actions or complaints will weigh against you.
- License type. Some professions, such as healthcare and law, have stricter standards than others.
- Specific board policies. Each licensing board has its own rules and procedures regarding criminal convictions.
- How did you or the court resolve your offense? Here are some ways the case could have ended:
- You plead guilty
- The judge or jury found you guilty
- The judge sentenced you to jail and/or probation
- Your charge was reduced/sentence lightened due to special reasons
- Instead of the usual punishment, the court gave you an alternative/diversion sentence
- Deferred entry of judgment – You were not officially convicted but followed certain rules.
- The court dismissed your charges because there wasn't enough evidence
- The court found you innocent
Possible Professional Disciplinary Actions You Could Face
As mentioned above, the specific disciplinary action taken by the board will depend on several factors, including the severity of the crime, your professional history, and any mitigating evidence you can present.
Sometimes, the board could wait until the court concludes your case because they deem your case not compelling enough for an administrative hearing or not linked to your profession. If a licensing board decides to take disciplinary action against you because of a conviction or charge, the consequences can range from mild to severe.
The specific disciplinary action hangs on the following circumstances:
- Private admonition/ censure – This is essentially a warning letter, kept confidential within the board, that highlights your misconduct and cautions against future violations.
- Public reprimand—A more serious form of discipline, a public reprimand or citation is a formal statement of disapproval that becomes part of your public record. It can damage your reputation and deter potential clients or employers.
- License suspension – Your license may be temporarily suspended, preventing you from practicing your profession for a specific period. The length of the suspension varies depending on the severity of the offense and other factors.
- License revocation—In the most severe cases, your license may be permanently revoked, ending your career in that field. While revocation is rare, it is a real possibility for serious offenses or repeated violations. Losing your license is the worst possible punishment, but we at Santa Cruz License Attorney have a good track record of helping our clients avoid this outcome.
Due to the repercussions mentioned above, you want to seek the help of an experienced professional license attorney to advocate for the most lenient outcome possible.
How Does the Board Find Out About Your Criminal Charge?
Licensing boards have several ways of discovering criminal charges or convictions against licensed professionals.
Most licensing boards require licensees to self-report criminal charges or convictions within a specific timeframe. This can be done through a written disclosure form, and failure to report can lead to additional disciplinary action.
Apart from self-reporting, licensing boards routinely conduct criminal background checks on applicants and licensees with the state DOJ's criminal record department. These checks can reveal arrests, charges, and convictions, even if they have not been self-reported. If you are found to be facing a charge, the licensing agency sends you a notice via mail concerning their discovery. The notice is usually a request that you give an in-depth account of the incident leading to your charge.
In some cases, law enforcement agencies may notify licensing boards of arrests or convictions involving licensed professionals, especially if the offense is related to the individual's profession.
Court records and other public documents can also alert licensing boards to criminal activity. News articles, online databases, and social media posts can all be sources of information.
You want to be proactive and transparent with your agency about any criminal charges you face. While it may be tempting to hope the board will not find out, the consequences of non-disclosure can be severe. Therefore, it is advisable to cooperate with the agency. However, resist giving confidential and critical details before speaking to a professional license attorney.
How to Save Your License When Facing a Criminal Charge
Your criminal charge could be considered ‘substantially’ connected to your career. Even if you are convicted of a California crime, it is not necessarily the end of your professional career. At Santa Cruz License Attorney, we can take proactive steps to build a strong defense.
With a solid defense strategy, you may be able to save your license and minimize the impact on your livelihood.
Moreover, if you are found guilty of a crime, or even if you plead guilty in a plea deal to get a lighter punishment, you will probably have an administrative hearing with the licensing agency. The hearing might happen even if you are not found guilty in court.
Ideally, you want to avoid the official hearing by talking to the agency and having them drop the accusation against you. But if a hearing happens, you have the chance to defend yourself. You can prove you did nothing wrong or at least lessen the punishment.
The administrative hearing is focused on mitigating factors that might improve your situation, such as showing that you have changed or are sorry for what happened.
Below are five mitigating factors that can help reinstate your license or have a suspended one turned into license probation:
- There is no evidence of you causing harm to clients or the public. If your offense did not directly harm any clients, patients, or members of the public, you could argue that your ability to practice your profession safely and ethically remains intact.
- You have no prior disciplinary or criminal record. A clean professional and criminal history demonstrates your commitment to upholding ethical standards and can be a powerful mitigating factor.
- You cooperated with the licensing agency during their investigations. Being open and honest with the board, providing all requested documentation promptly, and demonstrating a willingness to comply with any disciplinary measures can show your respect for the regulatory process.
- You made requisite rehabilitation efforts. If your offense was related to drug/ substance abuse or mental health issues, completing a rehabilitation program can demonstrate your commitment to recovery and reduce the risk of future misconduct.
- Character references. Letters from colleagues, supervisors, or clients attesting to your good character, professional competence, and ethical conduct can be valuable evidence in your defense.
- You self-reported the charge to the agency without being compelled to do so.
Besides mitigating factors, other strategies can help you save your license if you are facing criminal charges.
Your lawyer can send a letter to the prosecutor before charges are filed to convince them not to press charges. You can legally slow the process, buy time to work out a plea deal, or avoid reporting too early to the licensing board.
If the court has enough evidence to find you guilty, you can take a plea deal that keeps you out of jail. This could be probation or a program instead, which saves your license.
If the court grants you felony or misdemeanor probation, make it as short as possible. A shorter probationary period helps with any potential punishment from the licensing board, as their punishments often match the length of your probation.
Handling a Past Conviction
Even if you have a past criminal conviction, it is not necessarily a permanent barrier to obtaining or maintaining a professional license. There are several options available to mitigate the impact of a prior conviction:
If you are convicted of a misdemeanor crime, you can have your conviction expunged. This means it is removed from your criminal record. This can significantly improve your chances of obtaining or keeping a license, as most licensing boards do not consider expunged convictions.
If expungement is impossible, you can have your record sealed to limit public access to criminal records. While sealed records may still be visible to licensing boards, they can be less damaging than a public conviction.
Earning a certificate of rehabilitation can demonstrate that you've successfully rehabilitated yourself since the conviction. It can be a powerful tool in persuading a licensing board to grant or reinstate your license. You could also earn a pardon from the governor and restore many of your rights, including the right to obtain a professional license. However, pardons are rarely granted and require a compelling case for rehabilitation and good conduct.
Even if you cannot pursue these options, an experienced professional license attorney can help present your case to the licensing board. With the right legal strategy and guidance, you can overcome this obstacle and continue your career.
Contact a Santa Cruz License Attorney Near Me
Your livelihood, reputation, and future career prospects hang in the balance when your professional license is at stake. In this case, you should take decisive action and secure the legal representation you need.
At Santa Cruz License Attorney, we have the expertise and experience to fight for your rights and protect your license. Our team of skilled attorneys deeply understands professional licensing laws and has a proven track record of success in defending professionals from all walks of life.
We will thoroughly investigate your case and gather evidence for your defense. Then, we will develop a customized legal strategy and negotiate with the licensing board on your behalf. Contact us today at831-732-4390 to schedule a meeting and case review.
