A criminal conviction can adversely affect your California professional license and career. These consequences could include administrative probation, a written or verbal warning, suspension of the professional license, or even revocation. If you are being investigated for a criminal offense that could jeopardize your license, you should speak with a lawyer immediately.
We at San Bernardino License Attorney have extensive experience defending professional license holders against criminal allegations. Our attorneys know the impact a criminal conviction can have on your California professional license and are here to protect your rights. We understand the administrative disciplinary hearing process and will guide you through contesting the criminal accusations and help you retain your license.
Crimes that Lead to Disciplinary Proceedings
The state's licensing boards operate under the assumption that any criminal charge or conviction presented before them should be directly related to your duties as a licensed professional. Therefore, a licensing board cannot summon you for a violation that does not impact your job line. However, most criminal charges can harm your professional license, regardless of whether they are committed within the workplace.
Some of these criminal offenses include the following:
Sexual Abuse of Clients and Employees
The law forbids all forms of sexual abuse, particularly in workplaces. An example is when a harasser occupies a senior position of authority, forcing lower-ranking employees to consent to sexual involvement. If you are convicted of harassing your colleagues or employees at work, the case could be reviewed at a licensing board hearing based on the profession you are working in.
Furthermore, if you work in the medical profession, your patients could report you for improper conduct that constitutes sexual abuse. Some of the actions include making advances in private examination rooms or inappropriately touching the patients.
In this case, the patient is considered the complainant. Even before you are found guilty, the negative publicity about the clinic could cause serious damage. Additionally, your status as a sex offender following conviction will remain in effect. This will make it difficult for you to carry out your duties.
Alcohol and Drug Abuse in the Workplace
Your workplace should be drug-free so that you can respond to all duties and clients effectively. Therefore, if you choose to take alcohol or drugs while at work or you often arrive at work inebriated or high on drugs, you could be found guilty of gross workplace negligence. In turn, the licensing board in your field of expertise could decide to schedule a hearing, mainly because alcohol and drug use at work can endanger you and your coworkers.
Assume you are an accredited engineer who arrives at a construction site under the influence of alcohol. In this case, you could pose an imminent threat due to poor judgment when walking around without protective equipment or caution.
A physician who practices while high or drunk can misdiagnose patients or use vulgar methods while giving medications due to poor judgment at that moment. Therefore, being convicted of alcohol or drug use in the workplace is a severe malpractice offense that could cause license revocation or suspension.
Engaging in Workplace Tax Crimes
Tax evasion is another criminal violation that could cause the loss of a professional license. In most cases, professional licensees could encourage employees to use tax evasion strategies when billing patients or clients to increase profits.
If you are caught and charged for such an offense, your criminal record could damage your reputation as a certified professional. Suppose you manage a healthcare facility and overcharge the patients to offset tax charges. In that case, information could reach the Medical Board of California, which will order a hearing for disciplinary action.
With these types of convictions, it could be easier to identify several defenses, even though you did commit offenses related to tax evasion. Although a smooth process is not assured, the disciplinary body will be more concerned with whether you provided your services as intended. Nonetheless, the record must be considered to reach a decision.
Engaging in Theft at Work
If you work for a large corporation that runs its operations, you and your coworkers could conspire to steal the company's deliveries and supplies. For example, in the medical sector, medical supplies are shipped out and ready to be distributed through licensed sales.
Therefore, if you take part in the illegal purchase of medical supplies for sale or personal use, you could face grand theft charges if the substances stolen were worth more than nine hundred and fifty dollars. Even if the accusations you faced were minor, like petty theft, the convictions you would receive could be detrimental to your professional career.
Participating in or organizing theft plans can cause serious repercussions, even after a conviction. During the license hearing, the administrative law judge in charge of your case or licensing authority members could impose harsh penalties, including a permanent or indefinite suspension of your professional license.
How the Professional Licensing Board Obtains Your Criminal Record Details
If you have a California professional license, you should understand the techniques a licensing board uses to obtain a criminal record. You can better prepare to dispute and challenge some of these sources during the hearing if you know the various sources that provide information about your prior convictions. Furthermore, you can learn about your responsibilities in preparing your reports to avoid spreading misleading information.
Some of the information sources examined by the licensing board to find your criminal record include:
The Justice Department's Reports
The Department of Justice can forward all necessary records that demonstrate you were charged with a crime to the relevant licensing board since it is required to submit all relevant records regarding employees in different professions to various licensing bodies and employers. Normally, the Justice Department has all records on file, making it easy to access your case files and even provide the board with copies of documentation confirming your previous status as a convicted person.
Self-Reporting to Your Licensing Board
You should also consider filing individual reports with the licensing board, as it offers many advantages. For example, you could utilize your self-reporting action to weaken the prosecutor's case while presenting your defense at the disciplinary proceeding. As a result, the board will likely reduce your sentence in this case because they will applaud your initiative in making personal reports.
Nonetheless, you should adhere to all instructions to avoid providing incorrect information that conceals your prior illegal activity. The board could assume you attempted to avoid being entirely accountable for your past convictions by making false statements.
If you provide inaccurate information, you risk having penalties increased and having your license revoked. Therefore, you need to understand the circumstances surrounding your charges thoroughly.
Also, it's a good idea to have your defense attorney with you when you fill out the self-report so you do not disclose anything that could hurt your case. Doing so will help you avoid saying anything that could lead people to question your motives or expose unnecessary information.
Results From Criminal Record Checks
Another thing that your licensing board does every year as part of their due diligence is to perform multiple criminal record checks. This exercise aims to help the committee find more details about any charges they might have missed. When the licensing board has finished reviewing the records and confirming they are accurate, you will receive a note about the findings.
The board could offer you an opportunity to respond to their findings. This is a good time to consult your lawyer about potential responses. But if you use false information to cover up your criminal past, some licensing agencies will swiftly stop you.
Prospective Outcomes From The Disciplinary Hearing
The board can give different instructions following the conclusion of the disciplinary proceedings, based on the seriousness of your prior criminal activities and their impact on your occupation. The disciplinary proceeding will likely result in the following four primary outcomes:
Paying Fines and Issuing a Public Citation
Your business can take a hit if prospective customers find out about your illegal activities due to the public citation issued by the board for your violations. Since you are required to publish the citation, finding new prospects for your business will be difficult. Furthermore, giving out free quotations could harm your company's finances, possibly prompting you to shut down your facility or office due to negative reactions from clients. Additionally, paying the fine could be expensive, leading to substantial financial setbacks.
Obtaining a Private Censure
Private censures, which have no bearing on your practice, could be the best possible result from your hearing. A private censure is another term for a cautionary note that includes comments and warnings against committing crimes in the future. Since this is a confidential message, the rules and regulations outlined in the document are for you alone to follow. Thus, you are free to keep operating, provided you comply.
A License Probation
If you are placed on a license probationary period, the licensing board will shield your license from being suspended. In this instance, the board can permit you to continue practicing while under surveillance until the end of the probationary period. The fact that you can keep working provided you complete your probation conditions, makes the conclusion even more favorable.
Suspension or Revocation of Your License
The most severe penalty is having your license suspended or revoked by the board’s disciplinary review committee. It means ceasing to practice for an extended amount of time. License suspensions are a form of punishment that prevents a professional from practicing for a particular time.
For example, if your license has been suspended for approximately six months, you could be forced to miss six months of work. On the other hand, you can have your license revoked and face harsher restrictions. Unlike a suspended license, the time you must avoid working is not stated for a revocation. It could cause a complete exclusion from ever being professionally licensed again.
Your defense attorney can help you raise defenses to prevent license suspensions or revocations and to receive lesser penalties. It is imperative to remember that every case will vary based on the specifics of your offense.
Below are a few potential defenses:
- After being found guilty, you enrolled in a rehab program.
- You had not put your clients or patients in physical danger.
- Following your conviction, you made amends to the affected parties.
- There are no additional criminal charges listed on your criminal record.
Does It Matter Whether There Was a Misdemeanor or Felony Conviction?
It is more common for licensing boards to reject applicants due to felonies instead of misdemeanors. That is particularly true for minor offenses, such as disturbing the peace or loitering. However, if the act was closely related to your work, even a minor conviction could bar you from obtaining or maintaining your professional license.
Can I File An Appeal If I Lose My Case in a Disciplinary Hearing?
If you have made it through the disciplinary hearing procedure with no success, including requesting an appeal of the order from the licensing body, there might be another option to consider. You can submit a petition, known as a "writ of administrative mandate," to the Superior Court. This petition requests the examination and potential overturning of the order issued by the licensing body.
Here, a judge will review the evidence to ensure you receive a fair hearing. Additionally, the court will ensure that no abuse of discretion was committed by disregarding the law, issuing a ruling without sufficient findings, or reaching certain conclusions without supporting evidence.
Find a Professional License Law Firm Near Me
We at the San Bernardino License Attorney can help protect your license from being suspended or revoked after facing criminal charges. Our lawyers know California's licensing boards’ guidelines and policies and can represent you in administrative hearings before the board and in court. We can also offer legal guidance on how to respond appropriately to any accusations made against you. Contact us today at 909-966-4095.
