When convicted of a criminal offense, navigating professional and personal life can be extremely challenging due to the associated prejudice of the criminal conviction. Your career as a licensed professional could also be jeopardized when your licensing board holds an administrative disciplinary hearing to learn more about the accusations against you. During these proceedings, the board will decide whether to revoke or suspend your license as punishment for the crime you committed.
You should have a skilled criminal defense attorney to help you prepare for your hearing, regardless of the circumstances. We at the Sacramento License Attorney offer legal defense assistance focused on professional licenses. With our assistance, you can build a strong defense, increasing the likelihood of a favorable outcome.
Criminal Convictions and How They Can Affect Your California Professional License
Any state licensing body in California has the authority to revoke a professional license under the California Business and Professions Code 480 when an act that led to conviction is linked to the "credentials, functions, or obligations of a business or practice for the license application is made."
For instance, if a licensed chiropractor commits a crime that causes harm or injury to a patient, that offense is said to be linked to the chiropractor's duties, allowing the licensing board to take disciplinary action against them. While this is the most straightforward application of the code, it may also apply to actions more general than those that occur during work hours.
Your license can be affected by committing a crime that appears unrelated to your line of work. For example, if you’re caught and charged with driving under the influence of alcohol while off-duty, you may still face disciplinary action from your licensing board.
Although the DUI didn't directly impact your work performance, the licensing board can consider this charge as unprofessional conduct. This could be enough to suspend your license until the board completes its investigation.
The licensing board does this to ensure that practitioners uphold high ethical standards in their personal and professional lives. They should also ensure that the general public is protected and the board’s integrity is upheld. Criminal convictions, even for driving under the influence, violate these standards and pose a risk to any licensee’s career.
How Your California Licensing Board Obtains Criminal Record Details
Assume you are pursuing a professional career that requires a license to practice in the State of California. In this case, it’s crucial to understand the various methods licensing disciplinary boards use to obtain criminal records of professionals. Familiarizing yourself with these information sources will better prepare you to dispute or question any reports of your previous convictions.
You’ll also understand your obligation to write accurate reports to prevent the spread of misleading information. To learn about your previous criminal conviction, the board will examine various data sources, including:
The United States Department of Justice's Reports
The U.S. Department of Justice could send all relevant records showing your criminal charges to the appropriate board. This is because the DOJ should send information about workers in different sectors to various licensing bodies and employers. Usually, the Department holds everyone’s criminal records, making retrieving your case’s proceedings easier, providing copies of your record to the board, and verifying your previous status as a convicted individual.
Self-Reporting to the Licensing Board
You can consider submitting individual reports to the licensing board, which could offer several advantages. For instance, if you raise a defense at a disciplinary hearing, you could use your self-reporting as a mitigating factor. The licensing board will likely acknowledge your initiative in making personal reports, potentially reducing punishment in such scenarios.
It is important to heed all provided rules to avoid giving incorrect information that conceals your prior criminal convictions. If the licensing board finds out you misrepresented yourself in your report, they may suspect you are attempting to avoid legal responsibility for your criminal record. Submitting false information may result in the following consequences:
- Incurring additional penalties.
- Having your license revoked for longer periods.
Therefore, it is crucial to fully comprehend all the details and facts that triggered the criminal charges. In light of this, you should seek the advice of your criminal defense attorney with you when self-reporting. This will help you avoid disclosing excessive information that could be utilized to implicate you during your trial.
Doing so will prevent making remarks that might draw unnecessary attention to information you do not need to disclose.
Results from Routine Background Check with the California Department Of Justice Criminal Records
To fulfill its due diligence obligation, the licensing body conducts multiple checks annually with the department responsible for maintaining criminal records. By doing this, the board aims to uncover new information about any criminal charges you might have received. After completing the verification process and receiving your records, the licensing board will notify you of their findings.
The board could allow you to reply to their discovery claims in certain circumstances. This opportunity also lets you contact your defense attorney to prepare your defenses. However, certain licensing boards may take prompt measures to discourage you from creating information that backs the criminal acts and convictions.
Disciplinary Hearing Procedures
The administrative hearing is typically conducted by a committee of licensing administrators who will ask queries about your criminal accusations and allow you to respond to each one. In most cases, a summoned professional must appear before the board. The disciplinary committee will schedule a hearing to assist you in preparing for the case. This may involve hiring an attorney to help you answer tough questions from the board members.
You don't need to summon witnesses or surveillance videos for the administrative hearing. Unlike criminal proceedings, administrative hearings place less emphasis on evidence and require a lower burden of proof to establish a case.
On the other hand, you should prepare sufficiently to respond appropriately to all queries. When the trial starts, board members will decide which form of questioning best suits your case. To make their final verdict, they will consider several elements, including:
The Nature or Severity of the Criminal Offense
During a disciplinary hearing, one of the most crucial topics covered is the nature of your criminal actions before conviction. It addresses the actual act you committed. If you were involved in a crime equivalent to a misdemeanor, your defense attorney may more easily negotiate a less serious punishment to maintain or suspend your license.
However, if you committed major offenses in your workplace, such as fraud or rape, the licensing board will be hesitant to let you keep practicing. This reluctance stems from the fact that such acts endanger your patients or clients were they to occur again.
Determining the severity of your criminal act and establishing whether you've been officially charged are crucial. Police may arrest and release you promptly due to factual errors or insufficient probable cause. In such cases, you might not face official charges, but your name may still appear in records, particularly if you were booked at the police station.
It's important to comprehend that facing disciplinary licensing hearings without formal criminal charges puts you in a more suitable position to defend yourself. In the best scenario, you might avoid harsh penalties and obtain only a letter warning you of such conduct.
How Long You Have Practiced
The board may inquire about the duration of your practice during the disciplinary hearing to determine if you're a recidivist. These questions help them quickly assess your general conduct and proficiency levels by reviewing your full practice record.
If you've worked in a professional sector for a considerable time without criminal convictions or client complaints of incompetence, you might convince the disciplinary committee to evaluate your outstanding track history and release you with a simple warning. However, the board has the ultimate authority to make the final judgment depending on the acquired information.
The licensing panel will schedule a follow-up meeting shortly after your trial to deliver the final judgment. In certain cases, particularly for uncomplicated or minor incidents, the licensing board may only need several hours to reach their verdict.
Alternatively, the licensing body might request a hearing in a small court proceeding overseen by the Organization of Administrative Hearings (OAH). The Administrative Law Judge (ALJ) will preside over this hearing to reach a definitive conclusion. The board typically bears the duty of proving you've been convicted of an offense that jeopardizes your professional license. They will have to get your criminal records from the DOJ to validate their allegations.
After hearing all arguments, the ALJ will make a recommendation to the licensing board. The board retains ultimate discretion in obeying the court's recommendations or picking a different course of action. Therefore, the court's decisions are advisory and not legally binding on your respective licensing authority.
Potential Consequences of The Disciplinary Hearing
After completing the disciplinary hearing procedures, the board could decide on other directives to give you. These directives will depend on the seriousness of your previous criminal activities and their impact on your practice. At the end of the disciplinary hearing, you can anticipate four basic outcomes:
Payment of Fines and Issuance of a Public Citation
If the licensing board requires you to issue a public citation due to your violations, it could affect your business and practice by alerting potential customers to your involvement in criminal activities. Publishing this negative citation will likely hinder your ability to generate new leads.
Moreover, providing free quotes to bring more clients to your practice could have serious financial consequences. Negative reviews by customers might force you to shut down your office or practice for an extended period. The fines could be expensive, potentially leading to significant financial losses.
Receiving Private Censures
If the board issues private censures, it can be the most favorable result for your hearing. This is because it doesn’t impact your practice. Private censures, also called warning letters, contain reprimand statements and warn against future misconduct. Since this warning is confidential, you'll be the sole recipient mandated to obey the standards and restrictions outlined. This means you can keep working, provided you comply with what the board requires.
License Probation
If you are placed on probation for your license, the board won't force you to face possible license suspension. Instead, they'll permit you to keep practicing under careful observation until the probationary period ends. This outcome is beneficial, as you can continue practicing provided you meet all probation conditions.
License Suspension or Revocation
The most severe punishment is the disciplinary committee's decision to revoke or suspend your license. This process will close your practice for a considerable amount of time. If your license is suspended, you'll be prohibited from practicing for some time. For instance, a six-month suspension would require you to stop working for six months. License revocation carries more severe restrictions. Revocation, unlike suspension, may result in a permanent license ban.
A criminal defense attorney can help you present defenses to evade license suspension or revocation and aim for less severe penalties. These arguments will vary depending on the severity of the offense.
Some possible legal defenses include the following:
- You attended a rehab program after your conviction.
- Following your conviction, you made compensation payments to injured customers or patients.
- No other criminal charges have been filed against you.
- You didn’t put your patients or clients at risk of physical harm.
Why Do You Need a Professional License Attorney?
A professional license defense attorney assists you by preparing a defense for you and securing the best possible results. Your attorney will play an essential role in your case by:
- Looking into the charges brought against you by the licensing board.
- Ensure the licensing body adheres to its disciplinary regulations.
- Ensuring your rights to a fair trial are upheld.
- Providing arguments and evidence that challenge potential disciplinary actions.
Hiring a professional license attorney does not guarantee that you will retain your license. However, your attorney will keep the licensing body accountable and work toward the best possible outcome for your case.
Find a Professional License Defense Attorney Near Me
After being accused or charged with a criminal offense, a disciplinary hearing may determine whether you can continue practicing as a professional licensee. If you are at risk of losing your career over a criminal accusation or conviction, consider engaging a professional licensing defense attorney to help defend you. At the Sacramento License Attorney, we can assist you in retaining your license and help you continue to earn a livelihood. Call us today at 279-242-4711.
