The Impact of Criminal Charges on Professional Licenses in California

A criminal conviction in California carries significant consequences for those with professional, occupational, or business licenses. These individuals may face probation, encounter obstacles to career growth, or, in the most severe instances, see their licenses suspended or entirely revoked. The law aims to ensure that professionals adhere to standards that protect public safety and trust, which is why convictions related to professional duties or moral character can trigger such serious repercussions.

Who is Affected?

Holding a professional license marks a commitment to uphold specific standards of practice and ethics. The impact of criminal convictions spans across various professions, affecting a wide array of specialists, including:

• Doctors and Nurses: Healthcare professionals face strict scrutiny due to their direct impact on patient safety and welfare.
• Lawyers: Legal professionals must maintain high moral and ethical standards, given their role in upholding justice.
• Accountants: Trust and integrity are paramount in professions dealing with financial matters and personal information.
• Pharmacists: The handling of controlled substances and the importance of accurate medical dispensing place pharmacists at a high threshold for professional conduct.
• Teachers: Educators influence future generations, making their moral and ethical conduct crucial to their professional standing.
• Psychologists: The therapeutic relationship relies on trust, making psychologists’ personal conduct a matter of professional concern.
• Dentists: Like other healthcare providers, dentists are trusted with patient care, requiring them to adhere to high professional standards.
• Therapists: The ability to provide safe and ethical care is vital in therapy professions, where personal conduct can significantly affect professional credibility.

In each of these professions, a criminal conviction can question an individual’s ability to perform their duties safely and ethically, potentially leading to disciplinary actions by licensing boards. These measures ensure that the professionals remain worthy of the trust placed in them by the public and their respective fields.

Impact of Criminal Convictions

The nature of the offense greatly influences the consequences of a criminal conviction. DUI charges, for example, hit healthcare professionals hard. Licensing agencies look for a strong link between the criminal act and professional responsibilities before they act. However, they often find such connections, affecting licenses for crimes that might not seem related to work duties at first glance.

Understanding Your Due Process Rights

When you hold a professional license, you gain a vested interest and a right to due process regarding that license. A conviction alone won’t directly strip you of your license. Instead, you face an administrative hearing. Here, a board or committee examines how your criminal conviction affects your ability to perform your professional duties.

Factors Influencing Licensing Decisions

California’s licensing boards take several critical factors into account when determining the impact of a criminal charge on a professional license:

• Nature of the Charge: Boards differentiate between felonies, misdemeanors, and infractions to assess the severity.
• Relation to Professional Duties: The direct relevance of the charge to the licensee’s professional activities is a key consideration.
• Time Since Conviction: The amount of time that has passed since the conviction can influence the decision.
• Prior Disciplinary Record: A history of disciplinary actions can weigh against the licensee.
• Rehabilitation Efforts: Boards consider efforts made towards rehabilitation, including any counseling or community service undertaken.
• Specifics of the Criminal Act: The details and implications of the criminal act itself are critically evaluated.

Notification and Reporting Requirements

The requirement to report criminal charges varies by profession, affecting the license status:

• Legal Professionals: Must disclose any criminal charges promptly, adhering to a strict timeline.
• Nurses and Medical Professionals: Are required to report charges on a quarterly basis, ensuring ongoing transparency.

These reporting obligations serve as a mechanism for licensing boards to maintain standards of professionalism and public trust, ensuring that individuals with criminal charges are evaluated fairly and appropriately in the context of their professional responsibilities.

How the Right Attorney Can Help

Navigating the potential repercussions on your professional license following a criminal charge requires expert legal assistance. A skilled criminal defense attorney can work to mitigate the impact, possibly avoiding charges being filed, pursuing diversion programs, or altering the charge to lessen professional licensing implications.

Options for License Retention and Reinstatement

• Prefiling Investigations: Early legal intervention can sometimes prevent charges from being filed.
• Diversion Programs: Certain charges may be eligible for diversion, potentially leading to dismissal and avoiding a conviction.
• Expungements: While a conviction might still need to be reported, expungement can aid in the process of license reinstatement or retention.

Securing Your Professional License: The Role of a Defense Attorney

Facing criminal charges can jeopardize your professional license and career. However, enlisting a seasoned criminal defense attorney provides a strategic advantage. Such an attorney doesn’t just defend against charges; they actively work to minimize the fallout on your professional standing. Here’s how they can help:

• Preventive Measures: Before charges formalize, a defense attorney can engage in pre-filing negotiations. This proactive step may persuade the prosecuting authority to drop potential charges, shielding your license and career from potential damage.
• Diversion Program Advocacy: Certain criminal charges, particularly first-time and non-violent offenses, may qualify for diversion programs. Successful completion often results in dismissal of charges, effectively erasing the threat to your professional license. An attorney can argue for your eligibility and guide you through fulfilling the program’s requirements.
• Expungement Strategy: Post-conviction, an attorney can navigate the expungement process. While some professions still require disclosure of expunged convictions, removing the conviction from your public record can bolster your case for retaining or reinstating your professional license.

Strategic Actions for License Retention and Reinstatement

• Early Legal Intervention: Immediate engagement of legal counsel upon arrest can preempt charges from being filed. This early defense strategy is crucial for professionals whose licenses are at stake.
• Navigating Diversion Opportunities: An attorney’s familiarity with diversion programs specific to your charge and jurisdiction means they can effectively argue for your participation, thereby dodging a conviction and its consequent licensing penalties.
• Expungement Assistance: For convictions that have already occurred, legal expertise in the expungement process can prove invaluable. An expunged record, while not entirely erasing the conviction’s existence, can significantly mitigate its impact on your professional licensure status.

In essence, the right attorney doesn’t merely defend against a charge; they play a pivotal role in safeguarding your professional future, employing a combination of preventative tactics, diversion advocacy, and expungement proceedings to maintain the integrity of your professional license.

Protect Your Professional License

If you’re facing criminal charges with your professional license at risk, The Law Offices of Arash Hashemi offers expert legal defense. Specializing in cases that impact professional licensing and careers, Attorney Arash Hashemi employs effective defense strategies to safeguard your future.

Located in the Westside Towers of Los Angeles, our firm serves a wide area including Santa Monica, Beverly Hills, and Westwood, with easy access from the Expo/Bundy Station. We prioritize your need for flexibility and accessibility, offering weekend appointments and jail visits for case discussions.

Contact The Law Offices of Arash Hashemi at (310) 448-1529 for dedicated assistance. Let us help you protect your professional license and career.