Criminal convictions may adversely impact your ability to get a professional or occupational license in some cases. While felony convictions are a primary cause for concern in these circumstances, misdemeanor convictions also may be an issue in professional licensure applications, depending on the type of conviction and nature of the license involved.
An experienced professional license defense attorney at Bertolino LLP can represent your interests in any proceedings that you may face before your professional licensing agency, including denied applications for licensure. We can review the legal issues involved in your case and work to develop strategies to resolve those issues most effectively.
Factors that Determine Whether Misdemeanors Affect Professional Licensing
All professions are different and involve various duties and responsibilities. As a result, some professions have laws or rules that specifically prohibit licensees from holding licenses if they have some criminal convictions.
While many of the prohibited offenses are felonies, some also are misdemeanors. Whether a profession bans individuals with a misdemeanor conviction depends to at least some degree on the type of profession involved.
Types of Misdemeanor Convictions
The type of misdemeanor criminal conviction also is relevant to whether it excludes a person from obtaining a professional or occupational license.
More specifically, Tex. Occ. Code §53.021 generally provides that a Texas licensing authority can disqualify a person from receiving a professional or occupational license on the basis that a person has been convicted of one or more of the following criminal offenses:
- An offense that directly relates to the duties and responsibilities of the licensed occupation;
- An offense listed in Article 42A.054, Code of Criminal Procedure; or
- A sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
Some offenses may fall within these categories, even if they are misdemeanors. However, this section also states that a Class C misdemeanor conviction cannot result in disqualification, unless the applicant is seeking a license that authorizes them to carry a firearm or is an offense involving domestic violence.
Other Factors to Consider
Tex. Occ. Code §53.022 further states that a licensing authority must consider certain factors in determining whether a crime directly relates to the duties and responsibilities of a licensed occupation. These factors include the following:
- the nature and seriousness of the crime;
- the relationship of the crime to the purposes for requiring a license to engage in the occupation;
- the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
- the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and
- any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.
Deferred Adjudications
Aside from a few exceptions, a deferred adjudication does not constitute a conviction. Therefore, if an individual pleads guilty or nolo contendre, enters a deferred supervision program, is successfully discharged, and the court dismisses the charges, there is no conviction.
However, this rule is inapplicable to individuals who hold licenses in law enforcement, public health, education, safety services, or financial services in specific industries or who have committed certain offenses.
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State Board for Educator Certification (SBEC)
Some occupations have statutes that specifically define what criminal offenses “directly relate to” those occupations, which may include misdemeanors.
For instance, 19 Tex. Admin. Code §249.16(a) defines several different criminal offenses that directly relate to the duties and responsibilities of education professions, including offenses involving:
- Moral turpitude;
- School property or funds;
- Any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;
- Offenses occurring wholly or partly on school property or at a school-sponsored activity
Several misdemeanor offenses could prohibit individuals from obtaining education-related licenses and certifications based on these directives.
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The Texas Medical Board
The Texas Medical Board (TMB) regulates and monitors physicians and other health professionals. 22 Tex. Admin. Code §163.1(8) states that prospective licenses must be of “good professional character,” which is defined as “not be in violation of or have committed any act described in the Medical Practice Act.”
Under 22 Tex. Admin. Code §190.8(6), individuals may have misdemeanor criminal offenses and still obtain licenses unless they involve moral turpitude or directly relate to the practice of medicine. Crimes of moral turpitude may include various crimes, but are specifically those that:
- Have been found by Texas state courts to be misdemeanors of moral turpitude;
- Involve dishonesty, fraud, deceit, misrepresentation, violence; or
- Reflect adversely on a licensee’s honesty, trustworthiness, or fitness to practice under the scope of the person’s license.
Crimes directly related to the practice of medicine include those that:
- Arise out of the practice of medicine, as defined by the Act;
- Arise out of the practice location of the physician;
- Involve a patient or former patient;
- Involve any other health professional with whom the physician has or has had a professional relationship;
- Involve the prescribing, sale, distribution, or use of any dangerous drug or controlled substance; or
- Involve the billing for or any financial arrangement regarding any medical service.
The Texas Board of Nursing
Like the TMB, the Texas Board of Nursing (TBON) considers misdemeanor offenses that involve moral turpitude as potential grounds for denying licensure.
However, intemperate use of alcohol, meaning being under the influence of alcohol while on duty or call, is a violation of the Texas Nursing Practice Act, as well. Therefore, if an individual was convicted of DWI after leaving work, the DWI very well could result in being denied a license.
The Texas State Bar
The rules of some professions are far less specific when it comes to criminal offenses that may prohibit licensure. For example, the Texas Disciplinary Rules of Professional Conduct list no specific criminal offenses that can prohibit individuals from holding law licenses.
However, Rule 8.04 defines attorney misconduct as occurring, in part, when a lawyer “commit[s] a serious crime or commit any other criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”
Other types of misconduct can include engaging in “conduct involving dishonesty, fraud, deceit or misrepresentation” or engaging in “conduct constituting obstruction of justice.” When broadly construed, a misdemeanor conviction could result in an inability to obtain a law license.
Bertolino, LLP: The Law Firm Ready to Defend Your Interests
Retaining an experienced professional license defense attorney to represent you before your licensing agency or board is always your best interest.
We are here to protect our interests throughout every stage of your licensure or disciplinary proceedings. Contact the lawyers of Bertolino, LLP today by calling (512) 980-3751 or visiting us online.
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