Many professions today require a license or certification, usually from a local or state government agency. For example, in Idaho, you must be a member of the Idaho State Bar to practice law and hold a license from the Idaho Board of Medicine to practice medicine. The Idaho Division of Occupational and Professional Licenses (DOPL) lists the diverse fields for which there are state licensing requirements and the boards that control licensing. Practicing these professions within the State of Idaho without a valid and current license is illegal, subjecting you to fines and criminal and civil charges, depending on the circumstances.
In addition to obtaining a license, which usually requires specialized education, training, and passing a state test, you will likely need to pass a background check and maintain a clean record. Consequently, if you find yourself facing criminal charges, it may not just be your finances and your freedom at stake, although those impacts are significant enough. Being convicted of a crime may also jeopardize your professional license, meaning you won’t be able to earn a living in your chosen field. So, what is the answer to the question above? A resounding “Yes.”
Sullivan Law Office, PLLC, is a criminal defense firm in Coeur d’Alene, Idaho. In addition to defending clients from criminal charges, we also defend clients in administrative hearings before various licensing boards. Consequently, whenever we defend a client in a criminal case, we also pay attention to other impacts, including the risk of losing a professional license. If you hold a professional license and are facing criminal charges, here is a sketch of how a criminal conviction may affect your license.
Which Professional Licenses Can Be Affected by a Criminal Conviction?
Not every crime or every profession may be affected by every criminal charge. In addition, losing a license is not a punishment imposed by criminal courts; instead, the licensing agency or board controls whether a license gets restricted, suspended, or revoked. In Idaho, professional licensing boards have the authority to discipline license holders for criminal conduct, even if the conviction isn’t related to the practice of their profession.
Below are just some professions licensed by the state of Idaho that may be impacted by a criminal conviction. A complete list is available on the DOPL website:
- Medical professionals (e.g., doctors, nurses, therapists, EMTs)
- Attorneys
- Teachers and school staff
- Commercial drivers (CDL holders)
- Cosmetologists and barbers
- Real estate agents and brokers
- Contractors and electricians
- Pharmacists and pharmacy techs
- Counselors, therapists, and social workers
- Daycare providers
- Morticians
- Insurance and financial professionals
Each of these professions is governed by different rules, but most include conduct standards that apply both inside and outside of the workplace.
Which Types of Crimes Can Affect Your License?
While a criminal conviction doesn’t always result in disciplinary action regarding a professional license, certain crimes are more likely to trigger a licensing review. In particular, crimes involving moral turpitude (CIMT) tend to impact licensure the most. This legal term is broadly defined as morally reprehensible crimes, often involving dishonesty or moral depravity. Examples of CIMTs include:
- Theft or shoplifting
- Fraud or embezzlement
- Perjury or falsifying documents
- Sexual misconduct
- Aggravated assault or murder
- Crimes involving illicit substances and substance abuse
- Crimes involving the practice of your profession
Crimes in these categories raise red flags for licensing boards, particularly when traits such as trust, confidentiality, or care of others are central to the practice of a profession. The following are examples of ways a conviction can jeopardize a professional license.
Felony Convictions
A felony conviction for a CIMT often leads to immediate suspension or revocation of a license in almost all licensed professions. For example, a felony drug conviction will lead to suspension or revocation of licenses for nurses, pharmacists, and CDL holders. A violent felony can disqualify someone from working with children or vulnerable adults. In many cases, boards will still assess whether the felony is related to the duties of the profession. Still, even unrelated felonies for crimes that are not CIMTs can lead to immediate suspension pending a full investigation.
DUIs and Substance-Related Offenses
A DUI, especially if repeated or involving drugs, will affect people with licenses in healthcare, education, commercial driving, and other professions. DUI convictions are viewed as evidence of substance abuse and poor judgment, often triggering mandatory treatment or probation, at the very least, as a condition of retaining or restoring a license.
Sexual or Violent Offenses
Convictions involving assault, domestic violence, or any sexual misconduct are taken seriously by virtually all licensing boards. These can result in immediate license suspension, especially in professions involving interactions with children, patients, or the public.
What Can You Do to Protect Your License?
If you are charged with a crime that could jeopardize your professional license, you should immediately hire an attorney who can help you evaluate and address that aspect of your case. The attorneys at Sullivan Law Group in North Idaho can often handle both your criminal defense and any administrative hearings before Idaho state licensing boards. If you are a licensed professional charged with a crime, we strongly recommend the following steps:
- Hire an experienced attorney immediately: A criminal defense attorney who understands licensing implications can help you resolve your criminal case strategically to protect your license.
- Report honestly: If required, report your conviction or pending charge to the applicable board accurately and on time.
- Be proactive: Gather character references, complete treatment programs, and demonstrate rehabilitation before your hearing.
- Consult a licensing lawyer: Sometimes, you may need to hire a separate licensing attorney in specific specialized fields to guide you through the disciplinary process.
Your career and livelihood can be at stake after a criminal conviction in Idaho, especially if you're a licensed professional. If you're facing charges or have already been convicted, don’t wait. Talk to one of our qualified criminal defense attorneys at Sullivan Law Office, PLLC, in Coeur d’Alene. We can help you protect your future beyond the courtroom.
The information above is provided for general purposes only. It is not intended as legal advice for any specific individual or case.