Facing criminal charges is stressful enough, but when your professional license is on the line, the stakes are even higher. Criminal allegations can lead to board investigations, disciplinary action, or even the loss of your livelihood.
Taking swift, strategic action can help you protect both your legal rights and the career you’ve worked so hard to build.
Learn How Criminal Charges Affect Your Professional License
When a licensed professional is charged with a crime, the impact extends beyond the courtroom. Many professional licensing boards are legally required to review any allegations against their members, especially those involving dishonesty, violence, or actions that could compromise public trust (for ex: a dui, abuse arrest, felony theft crimes, etc). Additionally, the charges alone can trigger an investigation; a conviction is not necessary.
Criminal allegations related to your professional license can be particularly detrimental to your career. For instance, a licensed nurse who is charged with possession of a controlled substance may be at risk for a license suspension, even if the charges did not involve patients or their place of work.
Understand the Role of a License Defense Lawyer
One of your first steps after getting charged with a crime as a licensed professional should be to supplement your defense by hiring a license defense lawyer. You don’t want to rely solely on a criminal defense attorney who may not be familiar with the nuances of licensing board procedures.
A license defense lawyer understands how to coordinate a defense that protects your right to work, while the criminal defense attorney will work to exonerate you from criminal allegations.
The world of law is incredibly complex, which is why attorneys choose focused practice areas. Hiring a lawyer for each aspect of your case is the wisest move for protecting your professional future.
Know Your Self Reporting Requirements
In many professions, you are required to report criminal charges to your licensing board within a set timeframe. Sometimes, you have just 30 days to make a report. Failing to do so could result in additional disciplinary measures.
When in doubt, review online resources published by your licensing board or speak to a license defense lawyer. Your lawyer can help you determine whether you are subject to self-reporting requirements or if you may be able to wait until the criminal proceedings have been settled.
Start Gathering Documentation Immediately
Once you are charged, begin collecting all relevant records, such as:
- Police reports
- Witness statements
- Employee evaluations
- Any other evidence that supports your professional conduct
Your lawyer can use these documents to build a narrative that highlights your competence and integrity. In some cases, providing context for the alleged incident can help the board see that your actions do not reflect on your ability to perform your job safely and ethically.
Prepare for the Board’s Perspective on the Criminal Conviction
Licensing boards focus on protecting the public. While a criminal court will weigh guilt or innocence, the board will consider whether your actions raise concerns about your ability to serve clients or patients safely.
Your license defense lawyer can help frame your case in a way that addresses these concerns directly. This might include showing a history of ethical practice, evidence of remediation, or proof of compliance with legal requirements, such as attending court-ordered classes.
Avoid Making Public Statements About the Case
If you are in a profession where your reputation has a direct impact on your ability to earn clients, you may feel compelled to make a public statement about a pending case. Generally, though, you want to avoid doing so.
Public comments may be misrepresented and used against you by prosecutors or licensing boards. All communication about your case should go through your attorney.
Even seemingly harmless statements like, “It’s all just a misunderstanding,” could be construed as an admission or an attempt to downplay the seriousness of the charges. If your license defense attorney determines that making a public statement is warranted, they can help you compose a statement that does not compromise your defense.
Consider Interim Steps to Demonstrate Professional Responsibility
If the charges relate to a specific aspect of your work, voluntarily take corrective steps to show the board that you are committed to professional responsibility. This could include signing up for additional training or partnering with another licensed professional for oversight.
For instance, individuals who work in healthcare could voluntarily participate in continuing education courses. While this may seem like a simple gesture, it demonstrates an ongoing commitment to patient safety.
Respond Promptly to All Board Communications
Ignoring or delaying responses to the licensing board can severely damage your case. Boards may interpret non-responsiveness as a lack of cooperation. In turn, they may be more prone to take serious disciplinary action against your license.
If you are unsure how to answer a question or request, let your lawyer handle the communication. Timely, professional responses demonstrate that you take the process seriously.
Keep Your Professional Network Informed
In some situations, having colleagues, supervisors, or clients provide character references can be invaluable. These testimonials should focus on your professional competence, ethics, and contributions to your field. Ask participants not to discuss the details of the criminal charges.
Your lawyer can act as an intermediary. They will know how to request these references without unduly influencing the content.
Work Closely With a License Defense Lawyer
The process of defending both your license and your freedom is complex. Maintain regular communication with your license defense lawyer and provide all requested information as quickly as possible.
Facing Criminal Charges That Could Impact Your License? Unlock Legal Can Help
Criminal charges don’t have to mean the end of your career. However, you need to act fast. Every step matters, as does the timing of your response. Waiting too long or responding in the wrong manner could increase the risk of lasting career impacts, especially if you get a criminal conviction at the end of your case. By working with an experienced license defense lawyer, you can protect your livelihood while addressing the legal challenges ahead.
If you’re facing criminal charges that could impact your professional license, our experienced team at Unlock Legal can protect your career through personalized guidance and a fierce defense strategy. Contact us to find out how to safeguard your future today.
