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How Criminal Convictions Impact Professional Licenses in California

Many licensees, as well as some criminal defense attorneys, are not fully aware of the impact a criminal conviction can have on their occupational or professional license. If you have been convicted of a criminal charge, a licensure investigation will likely follow, and could result in the revocation or suspension of your license. Every bit of the money, effort, and time you put into obtaining your professional license could be placed in jeopardy if the situation is not managed correctly.

Fortunately, the California professional license defense lawyers at Gould, Hahn & Reinhardt are here to help you avoid this worst-case scenario. Keep reading to learn about the way in which a criminal conviction can affect your professional license and what steps you can take to mitigate the damages of a California license investigation.

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How a Criminal Conviction Can Impact a California Professional License

According to the California Business and Professions Code 480, some California state licensing agencies have the authority to revoke, suspend, or otherwise discipline your license should you be convicted of a crime related to the duties, functions, or qualifications of the profession or business for which your application was made.

For instance, if a licensed physician commits a crime that injures or harms their patient, the act is related to their professional duties, so the licensing board will be able to take disciplinary action. While that is the most straightforward application of the code, many licensees are surprised to find that charges that are seemingly unrelated to their professions can still be grounds for discipline. 

Committing a crime that is not readily associated with your career can still impact your license. For example, if you are charged with driving under the influence, your licensing agency may still take disciplinary action, regardless of the nonoccupational context of the incident. Although a DUI is not directly related to your profession or your performance, California case law supports a broad interpretation of “substantial relatedness”, meaning that charges that may be unrelated can still result in license discipline

Criminal Charges That Can Affect Your Professional License

Any criminal conviction will lead to a formal investigation from your California licensing agency. Some offenses are considered more severe and can lead to the denial or revocation of your professional license. By working with a skilled California professional license defense attorney, you can avoid this outcome.

Charges that could potentially affect your professional license are: 

  • Felony charges
  • Crimes subject to mandatory registration per Penal Code section 290
  • Misdemeanor convictions that are substantially related to the qualifications, functions, or duties of the profession. 

What Are the Five Most Common Violations for Which Citations Are Issued?

In California, a criminal conviction can elicit serious repercussions for professionals, since licensing agencies review these records to determine if a person’s conduct meets the criteria required to practice in their field. The most common violations include:

  • Unlicensed activities: These are legal violations committed by unlicensed parties, often involving property management, mortgage loan origination, and property sales.
  • Recordkeeping and trust account handling: Violations include allowing unbonded and/or unlicensed signatories on the broker trust accounts, failing to reconcile trust accounts monthly, trust account shortages, and using bank accounts that are not expressly set up as trust accounts in the broker’s name. 
  • Inadequate supervision: This occurs when a broker fails to oversee their agents and ensure they comply with the law.
  • Failure to comply: Not reporting your conviction or arrest to the California Department of Real Estate. 
  • Additional compliance issues: Common violations involve team name requirements, advertising, and license disclosure requirements. 

Ensuring compliance with state laws and regulations is the best and easiest way to protect your professional license. 

Potential Disciplinary Outcomes

Depending on the seriousness of your crime and the relevance of the charge to your profession, the licensing board can choose to enforce a wide range of disciplinary measures. These include:

  • Citations
  • Probation
  • Official warning notices
  • Required supervision or license restrictions
  • Fines
  • License suspension or revocation

An agency is only the first step in the license disciplinary process, and California licensees are entitled to substantial due process protections before any of these actions can be taken. This is one reason why it is paramount to hire a California professional license defense lawyer to guide you through the disciplinary process. 

How to Help Your Case

If you have been accused of a crime and are concerned about the standing of your professional license, there are some steps you can take to mitigate the situation. These include:

Judge with gavel writing in papers
  • Call a license defense attorney: If you haven’t already contacted a California professional license defense attorney, do so as soon as you are able. The sooner you sign with a knowledgeable lawyer, the more successful your case is likely to be. 
  • Review your agency’s reporting requirements: Most professional and occupational licensing agencies have specific rules about what actions must be reported, and when. For example, some agencies require you to report an arrest, while others only require you to report a conviction. Others will require the report the charging of a felony, but not a misdemeanor. Revisit your agency’s rules, or contact a license defense attorney to assist you. Failure to report an arrest, charge, or conviction can be considered an additional cause for discipline beyond the conviction itself. 
  • Be patient: For some people, this will be the most challenging part. Unfortunately, California occupational license investigations often take several months or more to complete. In many cases, the final ruling won’t be issued until the following year. Getting annoyed, angry, or frustrated with the licensing board will only make your situation worse.

The Gould, Hahn, & Reinhardt Difference

With nearly three decades of professional experience, the California professional license defense lawyers at Gould, Hahn, & Reinhardt have the experience and resources you need. We understand the requirements and nuances of administrative hearings and know how to effectively advocate for you to the administrative law judge and your licensing board.  

The skillful representation of a California professional license defense attorney can make a world of difference in the outcome of your case. From reviewing complaints to negotiating settlements and appearing at hearings on your behalf, a lawyer can help ensure that your case is properly handled and your rights are protected.

If you are facing criminal charges or are simply looking for advice on how to remain compliant with state licensing requirements, contact Gould, Hahn, & Reinhardt today at (800) 428-2207 or via the contact form on our website to learn how we can help you. From our San Francisco Bay Area office, we effectively serve clients across California.