DO I HAVE TO NOTIFY MY EMPLOYER AND/OR MY PROFESSIONAL LICENSING AGENCY IF I AM ARRESTED FOR A CRIME?
When a person is arrested for a crime, even a misdemeanor, it is common for them to wonder whether they need to notify their employer regarding the arrest.
The first thing the arrestee should do is contact an attorney well-versed in both criminal defense law as well as employment and professional license defense. Sacramento, California attorney Jonathan Turner is that rare attorney experienced in the aforementioned areas of law.
Regarding notifying an employer, the arrestee should consult their employee handbook or ask their employer for information regarding such policies. Employers vary regarding their policies concerning arrested employees, which is why the specific employer’s employee guidelines should be checked. Some employers are not concerned with arrests but only convictions. Other employers care only about felonies. Employment that involves driving may be specifically impacted in cases of driving under the influence (DUI) arrests since a drivers license suspension may be imminent.
Likewise, each California licensing board and agency, most of which are based in Sacramento, California, have specific reporting policies regarding arrests. For example, the Department of Insurance under the Department of Consumer Affairs has a strict policy that licensees must notify the Department of any criminal conviction within 30 days of the case’s resolution. Failure to do so is considered a separate act of dishonesty leading to discipline of the license. Other California licensing agencies and boards only require criminal convictions to be revealed on license renewal applications which are normally submitted every couple of years.
However, the facts, circumstances, and severity of the crime often determine when the board may get involved. For instance, a credentialed teacher accused of child abuse or a “sex crime” as defined in the CA Education Code will likely see their license immediately suspended upon arrest. Similarly, a health care professional, such as a nurse or physician’s assistant, accused of drug addiction and/or taking the meds of patients could see their license temporarily stripped upon arrest.
Again, if you are a professional arrested for a crime, even something as seemingly innocuous as driving under the influence, your employment and/or professional license may be in jeopardy. Contact criminal and professional license defense attorney Jonathan Turner for a free consultation.
LEGAL TROUBLE WITH YOUR PROFESSIONAL LICENSING BOARD?
If you received a denial of a professional license or any threat to your ability to continue practicing your profession, please contact attorney Jonathan Turner using this contact form or call (916) 471-6506 for a personal conversation.