Your professional license is likely your primary means of earning a living. However, facing a criminal charge or conviction can jeopardize this vital asset, threatening your career and financial stability. So, what strategies can you employ to save your license? The first step is to hire a reputable license attorney.

At Oakland License Attorney, we have extensive experience protecting the professional licenses of individuals facing criminal charges and convictions. Our team of experienced license attorneys in Oakland is well-versed with California's licensing laws and regulations. We will protect your rights and ensure your professional future remains secure. Contact us today for personalized advice and support.

How Can a Criminal Charge Result in Professional Disciplinary Proceedings?

Facing a criminal charge, whether it is a misdemeanor, felony, or even a minor infraction, can trigger professional disciplinary proceedings. This is especially true if the case becomes public knowledge. However, not all criminal charges automatically trigger actions against your professional license.

The impact of a criminal charge on your license depends largely on whether the offense bears a "substantial relationship" to the duties or ethical standards expected in your profession. Licensing boards typically exercise discretion in deciding whether to initiate professional disciplinary proceedings once informed of your criminal charge. Various factors can influence their decision, such as the following:

  • The degree of severity of your criminal offense
  • Whether your criminal offense involves serious moral misconduct
  • Whether your offense violates certain professional rules and ethics
  • Whether you were already on probation at the time of the alleged offense
  • Your professional history
  • Your criminal history
  • Efforts demonstrated by the licensee towards rehabilitation

The type of license held and the board overseeing it also matter during decision-making regarding appropriate disciplinary action. Certain boards are stricter than others; for example, the Medical Board of California may suspend a license even for low-level misdemeanor allegations.

How Will the Licensing Board Know About Your Criminal Charge?

The licensing board typically becomes aware of your criminal charge through several channels. As a licensee, you are legally obligated to promptly self-report any criminal charges or convictions. This requirement ensures transparency and allows the board to assess whether the charges are relevant to your professional practice or warrant disciplinary action.

Moreover, licensing boards often conduct background checks through the Department of Justice (DOJ). These checks are standard practice to verify the status of license holders and uncover any criminal history. If a criminal charge appears on your record during such a check, the board may initiate an investigation to gather more details about the incident.

Additionally, the DOJ may independently notify the licensing board of your criminal charge or conviction. This can occur if the offense is serious or involves matters of public safety, prompting the DOJ to inform the relevant licensing authority. In such cases, the board will receive information from the DOJ and may then send you a formal notice requesting specific details about the incident.

What Kind of Professional Discipline Can You Face?

As a professional, facing a criminal charge can result in various disciplinary actions from licensing boards. These measures are designed to protect the public and uphold the integrity of the profession.

Here are some common forms of professional discipline you may face:

  • Reprimand or censure — This is a formal written rebuke issued by the licensing board, typically for minor offenses or first-time infractions.
  • Probation — Your license may be placed on probation for a specified period, during which you must comply with certain conditions set by the board. These conditions could include regular reporting, continuing education requirements, or practice restrictions.
  • Suspension — Your license may be temporarily suspended, prohibiting you from practicing your profession for a specific period. Suspension is often imposed for more serious offenses or until certain conditions are met.
  • Revocation is the most severe form of disciplinary action. It results in the permanent loss of your professional license. Revocation typically occurs for egregious offenses or repeated violations that pose a significant risk to public safety or trust.
  • Fines — You may be required to pay a fine as part of your disciplinary action.
  • Restitution — In cases where clients or the public have suffered financial harm due to your actions, you may be required to make restitution payments to compensate for losses incurred.
  • Additional requirements — Depending on the nature of the offense, the board may impose additional requirements such as community service, ethics courses, or mandatory counseling or rehabilitation programs.

Strategies You Can Use to Save Your License

Proactive and strategic actions can significantly impact the outcome of disciplinary proceedings initiated by licensing boards. Here are some strategies you can use to safeguard your professional license:

  1. Pre-filing a Litigation Letter to the District Attorney

Your lawyer can send a litigation letter to the District Attorney (D.A.). This is a proactive measure to prevent or delay formal charges from being filed.

The letter will contain compelling arguments and evidence challenging the basis of the criminal charges. It will also demonstrate weaknesses in the prosecution's case or highlight mitigating circumstances, such as lack of evidence or procedural errors. This way, the D.A. may be dissuaded from pursuing charges that could jeopardize your professional standing.

  1. Delaying Self-Reporting to the Board During Plea Negotiations

Remember, you have a legal obligation to self-report to the licensing board once a criminal charge has been filed against you. However, timing is critical when self-reporting criminal charges to the licensing board, especially during plea negotiations with prosecutors.

Delaying self-reporting allows you to negotiate favorable plea deals without prematurely triggering disciplinary actions. You need to balance this strategy with compliance with reporting obligations to avoid additional penalties for failure to report on time.

  1. Arguing that the Criminal Charge Does Not Impact Professional Duties or Standards

Upon receiving formal notification from the licensing board about your criminal charge, you can mount a defense asserting that the offense does not affect your ability to perform your professional duties or uphold high ethical standards. This defense strategy involves presenting evidence of your professional competence, ethical track record, and contributions to your field. Character witnesses, testimonials from clients or colleagues, and evidence of ongoing professional development can support your argument that the charge is unrelated to your professional capabilities.

  1. Negotiating with the Board to Drop Disciplinary Proceedings

After arguing that the criminal charge does not affect your ability to perform your professional duties, the board may still decide to institute disciplinary proceedings against you. In that case, negotiation becomes crucial.

Your attorney can negotiate with the board to seek the dismissal or reduction of disciplinary actions. Negotiating a settlement agreement may involve agreeing to certain remedial measures, such as additional training or supervision, to address board concerns while preserving your professional license.

  1. Attending and Defending Yourself at the Disciplinary Hearing

If the board negotiations fail, you will be invited to a disciplinary hearing where you will be allowed to defend yourself. Your lawyer will represent you during the hearing. During the hearing, you and your attorney can challenge the evidence presented by the board, cross-examine witnesses, and assert legal arguments to refute allegations of professional misconduct.

  1. Presenting Mitigating Factors to Reduce Penalties

In the event of a guilty finding by the board, presenting mitigating factors can influence the severity of penalties imposed. Mitigating factors can influence the board's decision-making process and potentially result in more lenient disciplinary measures that allow you to retain your professional license with conditions.

You can use any of the following mitigating factors to protect your license:

  • Demonstrate genuine remorse and accept responsibility for your actions.
  • Provide evidence of proactive steps you have taken towards rehabilitation, such as completing counseling, rehabilitation programs, or continuing education courses.
  • Highlight your professional achievements, positive performance evaluations, and endorsements from colleagues or clients that can attest to your overall competence and ethical conduct throughout your career.
  • Showcase any active involvement in community service or voluntary work. This can illustrate your dedication to giving back and making positive contributions outside of your professional responsibilities.
  • Explain how losing your license can affect your dependents, who rely on you for income and support.

Can You Appeal a Board Decision to Suspend or Revoke Your License?

In California, you can appeal a licensing board's decision to suspend or revoke your professional license. This appeals process allows you to challenge the board's decision on several grounds, including procedural errors, biased decisions, or incorrect interpretations of the law or evidence.

To initiate an appeal, you should file a petition for a writ of administrative mandamus under California Code of Civil Procedure Section 1094.5. This petition must typically be filed within 30 days after the board's decision.

The petition is filed at the superior court. Along with the petition, you must provide a record of the administrative proceedings, including transcripts, evidence, and detailed arguments outlining the grounds for your appeal. You will also be required to pay a filing fee.

The superior court will review the record of the original proceedings to determine if any legal or procedural errors warrant reversing or modifying the board's decision. You may also be required to attend a hearing to defend the appeal.

If the appeal is successful, several outcomes are possible. The court may overturn the board's decision entirely, resulting in the reinstatement of your license. Alternatively, the decision may be modified, and a less severe penalty will be imposed. Sometimes, the case may be remanded to the board for reconsideration with specific instructions on addressing identified errors. However, if the appeal is unsuccessful, the original decision to suspend or revoke your license will stand.

During the appeals process, the status of your license may be affected based on the board's initial decision. If your license was suspended or revoked, this status may remain in effect until the appeal is resolved. However, your lawyer can file an interim application with the appeal to mitigate the impact of the board’s initial decision on your professional license.

Regaining Your Professional License After a Criminal Conviction

Not all hope is lost, even if you have already been convicted. Below are several steps you can take to regain your professional license after a criminal conviction:

  1. Expungement and Reapplication for Your License

You can apply for an expungement of your criminal record. This will set aside your conviction and release you from all the penalties and disabilities associated with it.

However, not all convictions are eligible for expungement. Generally, expungement is available for misdemeanors and some felonies, particularly those where probation was granted and completed. Crimes involving serious violence or sexual offenses are often ineligible for expungement.

Once your record is expunged, you can reapply for your professional license. When reapplying, you should be prepared to disclose the expunged conviction if asked, as licensing boards may still consider it. However, the expungement can demonstrate your commitment to rehabilitation and legal compliance, which can positively influence the board’s decision.

  1. Applying for a Governor’s Pardon or Certificate of Rehabilitation

If your conviction cannot be expunged, you might consider applying for a Governor’s pardon or a certificate of rehabilitation.

A certificate of rehabilitation is a court order declaring that you have been rehabilitated following a conviction. It is the first step toward obtaining a Governor’s pardon. To be eligible, you must have completed your sentence and lived an honest and upright life for a significant period (typically seven to ten years). A certificate of rehabilitation can also serve as an official recommendation for a pardon.

A Governor’s pardon is a more comprehensive form of relief that can fully restore your civil rights, including the ability to hold a professional license. It is granted at the Governor's discretion and is generally considered for individuals who have demonstrated exemplary behavior and rehabilitation over an extended period. The process for applying for a pardon involves submitting a detailed application, often supported by a certificate of rehabilitation, and may include a hearing.

Find a License Attorney Near Me

Defending a professional license after being charged or convicted of a criminal offense requires careful planning and legal knowledge. In California, professional licensing standards are stringent, and even a minor mistake can jeopardize your license.

If you are worried about the impact of a criminal charge or conviction on your professional license, contact the Oakland License Attorney for a confidential consultation. Our experienced team in Oakland is ready to provide you with expert legal advice to safeguard your license. Call us today at 341-234-0408 and let us help you secure your professional future.