A felony conviction can have serious consequences on your ability to obtain or keep a professional license. However, a Texas Professional License Defense Lawyer can help you navigate the process, as some licenses may still be available to convicted felons depending on the nature of the crime, evidence of rehabilitation, and the specific licensing board’s rules.
Can a Convicted Felon Get a Professional License in Texas?
Yes, in some cases. While many professional licenses have strict eligibility requirements, Texas allows individuals with felony convictions to apply for certain licenses after demonstrating rehabilitation.
What Factors Affect a Felon’s Ability to Get Licensed?
Licensing boards consider several factors when reviewing applications from individuals with felony records, including:
- Type of Offense: Crimes directly related to the profession may create significant barriers to obtaining a license.
- Time Since the Offense: A longer period since the conviction generally improves the chances of approval.
- Rehabilitation Efforts: Demonstrating rehabilitation through programs, references, or good conduct can strengthen an application.
- Completion of Probation or Supervision: Successfully fulfilling probation or community supervision requirements may positively impact eligibility.
- Texas Law and Licensing Board Rules: In addition to the general Texas laws impacting license eligibility, each licensing board has specific laws, rules and policies that determine whether an applicant with a criminal record qualifies for a license.
Can Felons Request a Preliminary Evaluation of Their Criminal History Before Applying for a License?
Yes. TTexas law allows individuals to request a criminal history evaluation before officially applying for a license. This allows people to get insight into how the licensing agency may respond if the person decides to file a formal application for licensure. You can visit the Texas Department of Licensing and Regulation’s website to see a sample Criminal History Evaluation Letter for more details and insight on what this process typically entails. Other state agencies have a similar process in place.
The Texas State Auditor’s Office collaborated with occupational licensing authorities to develop an overview of the application process for individuals with a criminal conviction or deferred adjudication for a felony or misdemeanor offense, which provides some guidance on eligibility and requirements.
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What Steps Should I Take if I’m Facing Felony Charges as a Licensed Professional?
If you are facing felony charges as a licensed professional, it is critical to take immediate action to protect your career. Consulting a Texas professional license defense attorney with experience representing licensed professionals can help you understand the potential impact on your license and develop a strategy to navigate the legal process.
Key Actions to Take:
- Consult Legal Counsel Immediately: Early legal intervention is essential to building a strong defense and minimizing risks to your professional license.
- Review Your Licensing Board Rules and Texas Laws: Familiarize yourself with your state’s requirements regarding reporting criminal charges, including deadlines and potential disciplinary actions.
- Consider Notifying Your Licensing Board: Some jurisdictions require professionals to report pending criminal charges before or after a conviction. Check your board’s policies to determine your obligations.
Cooperate With Investigations:
Licensing boards may conduct their own investigations into the felony charge. Cooperate with their inquiries and provide any required documentation. Demonstrating transparency can help show that you are taking the matter seriously.
- Gather Evidence to Support Your Case: Collect relevant records, witness statements, and proof of rehabilitation efforts that may help your defense.
- Be Transparent with Your Employer: Depending on company policy and the circumstances, you may need to inform your employer while being cautious about disclosing sensitive details.
Stay Compliant With Professional Standards:
Even with a pending felony charge, continue to uphold the professional standards of your field. Maintaining a good standing within your profession can work in your favor when your licensing board reviews your case.
- Explore Plea Bargain Options in Consultation with a Professional License Defense Attorney: Your attorney may be able to negotiate a plea deal that reduces the charges or penalties, potentially lessening the impact on your license. However, criminal defense attorneys often are unaware of the administrative law provisions impacting plea agreement situations, so it is essential for you and your criminal lawyer consult with a professional license defense attorney to protect your career.
- Prepare for Potential Disciplinary Actions: If convicted, your licensing board may impose penalties such as suspension, probation, or revocation of your license. Being proactive can help you respond effectively.
Taking these steps can help protect your professional standing while navigating the legal challenges ahead.
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What Should You Do If a Felony Conviction Threatens Your Professional License?
If you are facing disciplinary action or barriers to licensure due to a felony, legal assistance is crucial. A Texas professional license defense attorney can help you navigate the process, advocate for your rights, and work toward a favorable outcome.
If you need legal representation, contact Bertolino LLP immediately to protect your career. Call us today at (512) 476-5757.
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