A criminal arrest and conviction in San Jose can significantly impact your career if you hold a professional license. Your licensing board can issue a citation against you, or suspend or revoke your license, depending on the seriousness of the charges against you. Thus, do not ignore the possible impact of a criminal charge, but take action immediately when you learn of the allegations to protect a career that has taken you years to build. Working closely with a skilled license attorney can help change the outcome of your situation.
At San Jose License Attorney, we understand how important maintaining a good reputation and your license is for you as a licensed professional. We can help you defend your license and livelihood against any kind of criminal allegation. We can also help you navigate all administrative processes successfully. Our skilled and experienced license defense attorneys will fight alongside you until you are satisfied with the outcome of your case.
Criminal Convictions and Professional Discipline
Licensed professionals are held in high regard in California. Any conduct that leads to bad publicity can significantly affect your career. This includes criminal charges, whether an infraction, a misdemeanor, or a felony. Your reputation as a licensed professional earns you clients or makes you a reliable worker in your job or field of specialization. Anything that affects your reputation, if your clients or potential clients learn about it, can profoundly impact your career and livelihood.
Professional licensing bodies are very particular about how licensed professionals must conduct themselves. In addition to demonstrating competence and serving clients professionally and safely, you must be careful to conduct yourself professionally, even on a personal level. Most licensing bodies have dos and don’ts that can lead to professional discipline if a license holder violates them. Engaging in criminal acts is a severe violation for most licensed professionals. It can result in criminal penalties upon conviction, and can also result in professional discipline by your licensing body.
These basic principles apply to past and future criminal convictions. You can lose your license for a past criminal conviction you failed to disclose when applying for a professional license. If a criminal conviction will affect your career, its impact is mainly determined by the nature and the specific details of the allegations. A skilled attorney can explain the possible implications of a criminal accusation on your career and help you determine your options and the right defense strategies for a favorable outcome.
Generally, a criminal charge or conviction must substantially impact your professional standards or duties and affect your license. Since the law does not have a specific definition of ‘substantial impact’, the prosecutor can expand its interpretation to include an innocent or less impactful behavior. An aggressive attorney can skillfully counter this to protect your license and livelihood.
Factors that Determine Professional Discipline After Criminal Allegations
When you face criminal allegations as a licensed professional, your licensing body can hold an administrative hearing to determine the nature and severity of the allegations. This is critical in determining the proper disciplinary measures to take against you. Remember that if the allegations affect your reputation or ability to serve clients professionally or safely, your licensing body can suspend or revoke your license. However, several factors are considered before the administrative judges decide on your license. They include the following:
- The nature of the criminal allegations against you, whether an infraction, misdemeanor, or felony. Although all these can result in professional discipline, the discipline’s nature depends on the severity. A felony allegation will likely have more impact on your career than an infraction or misdemeanor.
- The status of the allegations against you, whether it was only an arrest or an arrest that resulted in a trial and conviction. If the police gave you a citation, and the prosecutor did not file formal charges against you, you could face more leniency than if criminal charges were brought against you, resulting in a conviction.
- The specific nature of the allegation, whether it is a crime of moral turpitude or a demonstration of disregard for human life. A crime that portrays moral depravity or recklessness could profoundly impact your career more than a simple crime.
- The kind of license you have and the disciplinary measures your licensing body issues against such violations. Remember that different licensing bodies in California have various ways to handle criminal violations. For example, holders of medical licenses will likely lose their licenses for any felony charge they face, even if they have not been proven guilty.
- If you were on probation, or your license was on probation, when you were arrested or convicted for the crime.
- How long have you been conducting your practice without a formal discipline by your licensing body before the current allegations were brought up against you
- If you have taken a substantial rehabilitative effort after the allegations, for example, by seeking counseling or treatment for an underlying condition
If the administrative process against you is for a past criminal conviction, the judge will also consider how the matter was resolved, including whether you pleaded guilty or not guilty to the charges. They will also consider if you were convicted, and the penalties issued during sentencing. If you were sentenced to probation, the judge can assess your performance during probation and how you have conducted yourself since.
Working with a skilled license attorney ensures that your best interests are considered in all administrative processes you will undergo. Your attorney will also be present during the hearing to defend your rights and fight for a good outcome in your case.
Types of Professional Discipline You Can Face After a Criminal Allegation
All licensing bodies in California require applicants to disclose any criminal arrest, charges, or convictions when applying for a license. After obtaining a license, you must report the same after specific periods, depending on your license. It can be quarterly or yearly, and should be immediately after receiving a citation or facing a formal criminal charge. You can contact your licensing body to determine its reporting requirements.
In addition to making these reports, licensing agencies regularly check in with the Department of Justice, specifically with the Department of Criminal Records. This gives them access to licensed professionals’ criminal records, including arrests, citations, and convictions. From these check-ins, your licensing agency will know if you have reported an arrest or criminal charge against you. If not, it will notify you of its discovery and could ask you to provide relevant information.
Also, the Department of Justice can contact the licensing agency with information regarding a criminal arrest or charge against you.
If any of this happens, your licensing agency can start an administrative process against you to determine how the criminal allegations against you affect your license or career. You should cooperate with the licensing board to avoid further issues compromising your situation. However, you should be careful not to divulge incriminating information. Consult with a skilled license attorney first to understand the severity of your problem and options.
After learning about the criminal allegation against you, your licensing agency will react, depending on the nature and severity of the allegations. Sometimes, the agency will wait until your criminal trial results are out. In other cases, it will initiate an administrative process, independent of the prosecution against you. Your attorney will ensure you understand the possible outcome of your situation and the proper defense for a fair result.
The board does not always take disciplinary action in case of criminal allegations. It can dismiss or pursue your case, depending on its details and your track record of performance. If your agency decides to take action, here are the possible disciplines you could face:
A Private Censure
This comes in the form of a warning letter, issued privately by the board to you. It is the mildest form of discipline by a licensing agency to a professional license holder. Since it is a private reprimand, it does not necessarily affect your reputation. A private censure is also a warning against similar conduct in the future. It does not result in the suspension or cancellation of your license.
A Private Citation
The agency can issue a public citation against you, requiring you to pay a particular fine. The citation also warns against similar conduct in the future. However, since it is publicly issued, your employer, colleagues, and other members of the public can learn about it. This can affect your reputation, your job, and your ability to find clients in the future. The fine can also be hefty, affecting your financial situation.
License Suspension
In more severe criminal violations, your licensing agency can suspend your professional license before or after determining your case. Although a license suspension is only for a predetermined period, it will affect your career, reputation, and ability to earn a living. It leaves you out of work for the suspension period, and the suspension is generally made public.
Once the suspension ends, you are expected to apply for a license reinstatement, which can be difficult without legal help.
License Revocation
This is the worst form of discipline because it involves canceling your professional license. It means you will not be able to work again under your license or in your specialization. License revocations are also publicly made, meaning your clients and the general public can learn about them. This can damage your reputation and the ability to find work in the future. You are also left without a livelihood.
How a License Attorney Can Help
A criminal charge can have a detrimental effect on your career as a professional license holder. If the prosecutor proves the charge is substantially related to your profession, you could lose your job and livelihood to suspension or revocation. However, a skilled license attorney can help you fight for a license that took years and cost you a substantial amount to build. They can counter any allegation by the prosecutor, provide supporting evidence to prove your innocence, or use other factors to fight for a favorable outcome during the administrative hearing.
An attorney can start fighting for you before the administrative hearing. They can negotiate for a case dismissal with your licensing agency if there is insufficient evidence against you. The agency will conduct an independent investigation after learning about the criminal charges against you. If the evidence against you is inadequate to build a solid case against you, the agency will likely dismiss the allegations against you.
Your attorney can also negotiate for leniency after the administrative hearing. If the agency chooses to issue a public citation, suspend, or revoke your license, they can issue a compelling statement for the agency to reconsider. For example, your attorney can argue that, although a citation does not directly affect your license, it will affect your reputation and livelihood in the long run. If you have had a good track record of performance, an attorney can convince the agency to be lenient if this criminal allegation is the first in your record.
Here are some of the factors that a skilled attorney can use in fighting for a reasonable outcome in your case:
- Arguing that your patients or clients did not suffer any actual harm through your actions
- Proving that you do not have any prior criminal or disciplinary record
- Stating that you cooperated well with the agency during their investigation
- Proving that you took measures to seek treatment or rehabilitation early in the process, before the administrative hearing
- Proving that you reported the incident immediately it happened, and were forthcoming with the case’s details
Find a Competent Professional License Attorney Near Me
If you face criminal charges in San Jose and are a professional license holder, determine how your charges or conviction will affect your career and livelihood. In most cases, your licensing board will take disciplinary action against you, independent of the criminal case’s outcome. You could receive a public citation or lose your license through a suspension or revocation. The help of a skilled license attorney is needed to protect your livelihood and reputation.
At San Jose License Attorney, we can help you understand what is at stake and develop a solid defense against the allegations. We can also protect your rights and fight for a good outcome in your case. Call us at (669) 330-4517 to learn more.
