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Criminal Charges And Professional Licenses

Posted on January 24th, 2025

Whether you hold a license as a doctor, nurse, engineer, architect, therapist, cosmetologist, plumber, electrician, accountant, or a host of other professions regulated by a professional licensing board or program in Montana, working through the difficulties of professional license regulation is daunting enough without the added burden of legal troubles. Criminal charges can cast a long shadow, potentially leading to disciplinary actions against your license. Here’s how such charges may impact your license and what you can do to protect your career as shared by our Kalispell, MT attorney licensing lawyers:

Understanding The Stakes

For licensees regulated by a professional licensing board or program, holding a valid license obtained through standardized tests and exams is not just a formality — it’s a necessity. Your license provides you the privilege to practice in Montana, and it is a testament to your qualifications and adherence to industry standards. However, criminal charges, including felonies and misdemeanors, may place your license at risk especially if you are dealing with a professional licensing complaint.

How Criminal Charges Affect Your License

  • Immediate Reporting Obligations:

Many boards require licensees to report criminal convictions promptly. Failure to do so may result in disciplinary actions in addition to, and apart from, the conviction.  Even being charged with a criminal act, depending on the circumstances surrounding the charge, could trigger your obligation to self-report.

  • Investigation and Disciplinary Actions:

Once charges are reported, an investigation may be initiated to determine whether the conduct at issue is “unprofessional conduct,” as defined by statute or rule, and whether such conduct warrants disciplinary action against your license.  This could lead to a hearing to assess the nature of the allegations, your professional history, and the potential impact of your continued practice on public health, safety, and welfare.

  • Potential Outcomes:

Depending on the findings of an investigation and the result of a hearing, outcomes can range from no action (i.e. dismissing the complaint), to requiring you to pay a fine, complete a program of remedial education or treatment, or comply with conditions of probation.  Sanctions can also include suspension or revocation of your license. Such sanctions can be devastating and affect your ability to work and earn a living.

  • Public Record and Reputation:

Not only can a board or program impose sanctions, as discussed above, but disciplinary actions and their outcomes are public records. This can impact your professional reputation and future employment opportunities.

Protecting Your Professional Future

Understanding the potential impact of criminal charges on your career is crucial. Here’s how you can safeguard your license:

  • Seek Legal Advice Early:

A lawyer who understands the intricacies of professional licensing law can provide invaluable guidance, help you build a strong defense, and help mitigate potential consequences.

  • Comply with Reporting Requirements:

Ensure you are aware of your board’s reporting requirements concerning criminal charges and adhere to those requirements. Transparency can often work in your favor.

  • Participate Actively in Hearings:

In the event of an investigation, respond to requests from the board or program, participate in any scheduled hearings, and provide evidence of your professional competency and commitment to ethical practices.

  • If Necessary, Demonstrate Rehabilitation and Competency:

If you engaged in misconduct that could lead to disciplinary action, show evidence of your commitment to rehabilitation and learning from past mistakes, as well as the value you have added to the profession. You may want to discuss your participation in relevant remedial courses or community service.

How We Can Help

At Silverman Law Office, PLLC, we understand the challenges that professionals face when dealing with criminal charges as they relate to professional license regulation as we have been dealing with this area of law since our founding in 2012. With a background in resolving complaints, we offer unique insights and experience to help you protect your license and livelihood.

If you are a licensed professional who has been charged with a criminal citation, please reach out to connect with our Montana professional licensing defense attorneys — that were featured on Lawyer.com — today for assistance.

 

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