If you are suspected of committing a crime or are facing an ethical complaint, your professional license could be put at risk. That is why contacting a competent license defense attorney is critical as soon as possible. We at Riverside License Attorney can help you navigate the licensing process and protect your professional license from being suspended, revoked, or harmed in any way.

Our lawyers can also advise you on addressing any claims against you and equip you with potential defense strategies. Simply owning a professional license does not exempt you from harm. Our skilled license defense lawyers are available to help protect your legal rights and professional license.

The Effects of a Criminal Conviction on Your Professional License

Having a criminal conviction on your file can be overwhelming. When it comes to professionals and criminal records in California, even if you have turned things around, completed your probation, and had your case dropped, previous convictions can haunt you.

If you are found guilty of an offense that the regulatory agency or board believes is "substantially linked to the functions, duties, or qualifications of the profession or business for which your license is issued" under the Business & Professions Code (BPC) 480, it could be able to either:

  • Suspend your license
  • Revoke your license

Besides revoking or suspending your professional license, the licensing board can also take the following disciplinary measures:

  • Probation
  • Fines
  • Drug and alcohol testing
  • Warning letters and citations
  • Diversion programs
  • Supervision
  • Rehabilitation for drug or alcohol abuse
  • Restrictions on practice

If you have applied for a professional license but do not currently own one, you could have been issued a Statement of Issues. The licensing board can decline your license application if you have a prior conviction linked to your profession or business's qualifications, responsibilities, or obligations.

However, you may consider the following:

     1. Do Not Panic Since It Is Not The End

Your defenses could be able to drop the case entirely or lessen the severity of the punishment.

     2. Keep Track Of Deadlines And Remain Vigilant

Making decisions and meeting deadlines are essential to winning your case, regardless of whether you choose to hire an attorney. To protect your right to a hearing, you should contact the licensing board within fifteen days of receiving a complaint. If you disregard the complaints and fail to take action, the regulatory agency could cancel your professional license as a default verdict.

     3. Consider Engaging A Lawyer

You are entitled to legal representation during disciplinary hearings. An attorney can agree on a fair settlement with the licensing body or convince the administrative law judge to rule in your favor. An attorney can assist you in understanding the "bigger picture" and determining how alternative techniques could result in different results.

Past criminal convictions can negatively affect your ability to secure or maintain your professional license. Therefore, you should be open with your licensing agency regarding your criminal background.

Some licensing boards demand to know about any arrests and charges, regardless of whether the case:

  • Occurred several years ago
  • Was dismissed
  • Occurred when you were still a minor
  • Was expunged

Failing to reveal your criminal past can be grounds for licensing departments or boards to reject your application or cancel your professional license. This also applies if the specific charges were minor. The board could consider your refusal to report as deliberate misrepresentation, even if you simply forget about the issue.

It should be noted that past convictions are not the only way to be punished by the regulatory board. You could risk losing your license even if there is just a pattern of poor conduct, including complaints about you:

  • Using drugs or alcohol at work
  • Smelling marijuana or alcohol at the workplace
  • Using illicit substances outside of the workplace

Methods Used By The Licensing Board To Acquire Information About Your Conviction

The licensing board uses several techniques to learn about your previous criminal conviction. These include the following:

     1. Self-Report to the Licensing Board

Submitting personal reports to the licensing board is an alternative since it offers many advantages. For example, you can use your self-reporting tactic as an argument during a disciplinary proceeding to help lessen the severity of your case. As a result, you could receive a lesser punishment in this situation because the disciplinary committee will acknowledge your efforts in providing personal reports.

However, you should adhere to all rules to avoid providing misleading information that conceals your previous illegal activities. If the licensing board discovers you made false statements while reporting yourself, you could be considered guilty for attempting to avoid full responsibility for your past convictions.

Therefore, giving inaccurate information can result in increased penalties and prolonged license revocation periods. As a result, you should be well-versed in all the facts and circumstances behind your charges.

Furthermore, it is advisable to include your criminal defense attorney when filing the self-report to avoid providing excessive details that could be utilized against you during the proceedings. In this manner, you can avoid making statements that draw attention to information you do not have to share.

     2. The Department of Justice Report

The Department of Justice (DOJ) must report information about employees to various regulatory bodies and employers. They can provide all the necessary records showing that you were charged with a crime to the relevant authorities. Usually, the DOJ has all records of criminal convictions on file, making it easy to access your court hearings and even providing the licensing board with copies of documentation confirming your previous status as an accused person.

     3. Results of Regular Background Checks with the Criminal Records Department

The licensing board also performs due diligence by conducting several background checks with the law enforcement records department each year. In doing so, the board aims to uncover new information about any past convictions you could have received that might have gone unnoticed. Once the licensing authority receives and confirms your records, you will be notified of their findings.

In some situations, the board could offer you the opportunity to respond to their allegations of discovery while still allowing you to contact your criminal defense attorney to prepare your defense. However, certain licensing boards could take prompt action to stop you from fabricating evidence to support your illegal actions and conviction.

The Administrative Hearing

You have a right to administrative hearings under the Administrative Procedure Act in your disciplinary case. An administrative hearing acts as a "check" on aggressive enforcement measures. They help in ensuring an optimum balance between:

  • Your legal right to make a living
  • The public's legal right to be shielded from potentially dangerous professionals

The Office of Administrative Hearings (OAH) oversees administrative hearings and processes more than 10,000 cases annually.

What to Expect During an Administrative Hearing

Similar to a mini-trial, an OAH administrative hearing takes place in a special courtroom and includes the following:

  • Witnesses
  • Evidence
  • Opening and closing remarks

An administrative law judge (ALJ) oversees the proceedings. The licensing body attempting to revoke (or refuse to issue) your license cannot influence the ALJ's decision. The experienced ALJ is responsible for ensuring you receive a fair trial.

A lawyer will ask the licensing authorities whether or not you hire legal representation. If you choose to proceed alone, you may wish to speak with the OAH regarding "representing yourself." In an administrative hearing, there is no jury.

You should expect the following during the administrative hearing in these proceedings:

Burden of Proof

To prevail in a criminal case, the prosecution must establish the defendant's guilt beyond a reasonable doubt.

Since there are fewer stakes in an administrative case than in a criminal one, the "burden of proof," or standard by which a licensing body must prove its case, is lower in administrative cases. No one is being imprisoned.

When a licensing authority attempts to revoke your license based on an accusation, they typically have to provide "clear and convincing" evidence to support their claim that you are unfit to hold a professional license.

In the case of a statement of issues, the burden of proof shifts to you. You have to demonstrate your suitability for the relevant license.

Pre-Trial Discovery

A lot of effort is made before the hearing, and parties acquire evidence for their cases during this time. However, the discovery process is less involved in an administrative hearing than it is in other types of trials.

However, you can still have access to important resources like:

  • The identities of the people whose testimony the licensing authority plans to request
  • Copies of remarks made by or on behalf of the licensing authority that are related to the case being investigated by the licensing authority

Evidence and Testimonials

Administrative proceedings have additional, less formal procedures governing testimony and evidence. However, you can:

  • Present pertinent data
  • Call and question witnesses
  • Cross-examine witnesses on the other side

Although you are free to testify on your behalf, the licensing authority may still summon you to testify as if under cross-examination if you refuse to do so. Evidence demonstrating the following is frequently helpful in disciplinary proceedings on convictions:

  • The offense for which you were found guilty had nothing to do with your line of work
  • Your offense has led to your rehabilitation

Proposed Verdict

After the hearing, the ALJ will propose a decision on your case to the licensing body, usually within a month. This is also known as a "proposed verdict."

After that, the licensing body has a hundred days to determine whether or not to adopt the ALJ's recommended ruling. The licensing body will frequently concur with the ALJ's recommended ruling, as demonstrated by the California Dental Board and the Board of Registered Nursing cases mentioned above.

However, things do not always work out that way. Occasionally, the licensing body issues a different disciplinary ruling, disagreeing with the ALJ.

Factors Considered Before Reaching a Final Decision

Before the ALJ reaches a decision, they will consider several factors, such as:

The Nature of the Crime You Were Accused Of

The nature of your illegal activity is one of the most important topics covered at a disciplinary hearing. It goes directly to the wrongdoing you committed. Therefore, if you were charged with a misdemeanor offense, it might be easier for your defense attorney to negotiate a less harsh penalty, such as retaining or suspending your license.

On the other hand, if you committed grave offenses like fraud or rape in your place of employment, the board would be unlikely to allow you to resume your practice in that situation. This is primarily because committing such violations puts your patients or clients at risk should they occur again.

The Practice Period

The board may want to inquire about your practice history during your disciplinary hearing to determine whether you are a repeat offender. These questions seek to quickly assess your overall behavior and competency levels by reviewing your entire practice history.

Therefore, if you have a long history in your profession without any past convictions or incompetent reports from clients, you could convince the disciplinary board to consider your good record and issue a warning. However, based on the facts obtained, the board may still exercise discretion in making the final decision.

Appealing to Court After Losing Your Hearing

If the hearing proceedings and your request for a re-examination of the licensing authority's order have failed, another option could be available.

You have the right to challenge the licensing authority's decision by filing a petition for administrative review with the Superior Court. You will not be "re-trying" your case because this is not a new trial. A trial court judge will review all the details in this case to ensure you were given a fair hearing.

Also, the judge will ensure that the licensing body did not "abuse its discretion" by:

  • Disregarding the law
  • Issuing an order devoid of findings
  • Making conclusions without supporting documentation

Find a Professional License Defense Law Firm Near Me

The outcome of a license disciplinary hearing may determine whether you continue to provide professional services. To assist you in keeping your professional license and carrying on working, consider consulting with a professional license defense lawyer who will support you in defending yourself during the license committee hearing. At Riverside License Attorney, we will provide expert license defense services to keep your practice intact if a prior criminal record threatens your license. Call us today at 951-404-0569 to speak to a professional license lawyer.