License Disciplinary Considerations When a Criminal Case Is Pending
Your tireless work to acquire a professional or occupational license can be placed in jeopardy by a single misstep: a criminal conviction. This issue is important to a wide variety of licensed professionals, and it is important to keep in mind that different agencies will react to criminal convictions differently. For this reason, it is important to understand the potential repercussions of a criminal case or conviction, as is being equipped with practical strategies to safeguard your license and career from being compromised.
The Impact on Your License
When a licensee is convicted of a crime, it can have far-reaching consequences for their career. Although the impact of the conviction depends on the nature and severity of the offense, professional and occupational licensing boards have the authority to suspend or completely revoke a license based on their assessment of the risk posed to public safety. Even seemingly minor convictions, such as driving under the influence (DUI), can result in a citation, a probationary license, or even license revocation.
The implications of criminal charges also extend to the license application process. Applicants with a criminal record may be denied a license, but typically have the opportunity to appeal that decision and present their evidence of rehabilitation in an administrative hearing. . Applicants face a far greater challenge than existing licensees, therefore it is critical that individuals with a criminal conviction retain counsel unless the charges are exceedingly remote.
Reporting Requirements
Most, if not all, professional and occupational licensing agencies require their licensees to report criminal convictions, either upon renewal or in many cases – within a specific number of days after the conviction date. If you are found guilty of a misdemeanor or felony in any jurisdiction, you should contact an attorney to determine the specific reporting requirements for your particular licensing board or agency. Additionally, there are specific circumstances that necessitate you to notify your licensing authority if you are charged with a crime or convicted of one.
Failure to notify the licensing agency of a conviction is a common mistake, and unawareness of the rule is never a defense. While convictions often trigger disciplinary measures against a licensee, failure to report a conviction only amplifies the problem.. Licensing agencies will ultimately be informed of your conviction through public records, therefore it is critical that licensees take a proactive approach and comply with their agency’s specific reporting requirements.
Other Negative Consequences
License disciplinary actions, whether arising out of a criminal conviction or not, can lead to a range of negative consequences. For instance, dentists and doctors may encounter challenges in renewing their malpractice insurance, with increased difficulty and costs. They may also face removal from insurance service provider lists or have their hospital privileges revoked. Furthermore, license disciplinary actions can trigger the posting of a negative report to the National Practitioner Data Bank.
To Learn More About License Disciplinary Considerations, Contact Gould, Hahn, & Reinhardt Today
At Gould, Hahn, & Reinhardt, our professional licensing attorneys help professionals overcome the complex legal hurdles involved in obtaining the professional and occupational licenses and zealously defend existing licensees. We provide invaluable support in license suspension or revocation cases, as well as guide clients through appeals or requests for reinstatement.
To learn more about license disciplinary considerations when a criminal case is pending, contact Gould, Hahn, & Reinhardt today and speak with our team.