Licenses, Permits and Certifications
Whether you hold a professional or other licensee, permit or certification, a criminal conviction may result in either suspension or revocation. If you have a license or permit issued by the State of California for which you had to submit to a background check, odds are that you now have to deal with protecting that license. Numerous professions and vocations are regulated by the State of California through various boards, bureaus or agencies. A few examples include:
- Liquor sales license (Alcohol and Beverage Control Board)
- Automobile sales license (Department of Motor Vehicles)
- Smog test mechanic license (Bureau of Automotive Repairs)
- Medical license (Medical Board)
- Nursing license (Nursing Board)
- EMT certification (Emergency Medical Services Authority)
- Real-estate sales license (Department of Real Estate)
- Contractor’s license (Contractors State License Board)
- Insurance sales license (Department of Insurance)
- Law license (State Bar)
Generally, the rule for whether you are subject to disciplinary action such as suspension or revocation is whether the offense for which you have been convicted is substantially related to the duties you perform under the license, permit or certification you hold. This seemingly logical approach, however, is not carried out the way it sounds. For example, if you are convicted of any felony or even a misdemeanor involving theft or fraud, virtually every board and agency has taken the position that fundamental honesty is part of their licensees’ duties.
Even seemingly unrelated things have caused people problems– a real estate salesperson’s license was suspended for a DUI conviction under the reasoning that real estate sales people drive potential clients around and, thus, driving under the influence directly bears on their ability to do that job. Surprisingly, some professions which require a great deal of training (doctors, dentists, nurses and lawyers) may get the most leeway in avoiding revocation if they are convicted of a non-theft crime, such as a drug offense. This is because the boards that regulate those professions recognize the inequity of automatic revocation for an offense not rationally connected to the job.
While your criminal case is underway, having your criminal defense team keep your professional future in mind when negotiating a resolution to your case is crucial. When the criminal case is over, you still have to earn a living. Wegman & Levin has had extensive experience representing doctors, dentists, nurses, lawyers and other professional and non-professional licensees in administrative actions following the criminal case.
Call us at (818) 980-4000 to see if we can help. Initial consultations are always FREE.