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What Do I Do If I am a CA Licensed Professional and Am Arrested?
Not surprisingly, it is not uncommon for a CA licensed professional (medical doctor or physician’s assistant, credentialed teacher or educator, registered nurse, licensed vocational nurse, real estate broker or appraiser, insurance agent, dentist, physical therapist, occupational therapist, psychologist, pharmacist, attorney, veterinarian, court reporter, chiropractor, bail bondsman, etc…) to be arrested for a misdemeanor such as driving under the influence (DUI) or even a felony.
Can I Lose My California Professional License Based on a Driving Under the Influence Conviction?
Driving Under the Influence or DUI (CA Vehicle Code section 23152) is a crime that nearly anyone may commit including licensed nurses (registered nurses and LVNs), credentialed teachers, medical doctors, dentists, veterinarians, real estate brokers, insurance agents, physical therapists, occupational therapists, psychologists, physicians assistants, chiropractors, accountants, pharmacists, and any other California licensed professional.
CA Professional License Defense of Citations
California Business and Professions Code section 125.9 authorizes CA licensing boards and agencies to issue “citations” for misconduct. Such citations generally entail fines ranging from $250 up to $5,000 or more. More importantly, these citations are often public record and thus may mar a professional’s licensing record. Also Boards will keep such citations in their files and likely use them in the future to enhance a licensee’s punishment for future misconduct. In short, if you are a California licensed professional such as a chiropractor, psychologist, nurse, pharmacist, dentist, paramedic, real estate broker, insurance agent, or any other professional or a business like a smog shop licensed by the Bureau of Automotive Repair, and you receive a citation, it is important that you consult with an administrative lawyer and license defense specialist like Jonathan Turner right away.
Expungements and Penal Code Section 1203.4
New California Professional Licensing Laws and Regulations: Expungements and Penal Code Section 1203.4 Relief More Important than Ever for CA Professionals Facing Denial, Suspension and Revocation of Licenses.
California’s professional licensing agencies in Sacramento continue to amend their laws and regulations so as to give more benefits to license holders and applicants who are facing potential discipline based on a criminal conviction if the conviction is expunged i.e. dismissed pursuant to CA Penal Code section 1203.4.
California Commission on Teacher Credentialing Investigations & Discipline
The California Commission on Teacher Credentialing issues various credentials, beyond simply teaching credentials, allowing one to work in California’s public schools. These include:
Administrative Services Credentials – These allow one to work in administration such as being a principal or an assistant principal. Administrators are not immune from being disciplined by the Commission on Teacher Credentialing including having their credentials denied, suspended or revoked. Similar to teachers, administrators may be subject to investigations conducted by the Commission’s Division of Professional Practices and its Committee of Credentials for reasons such as the conviction of a crime, misdemeanor or felony, or resigning from employment due to allegations of misconduct.
OUT OF STATE LICENSE DISCIPLINE & CONSEQUENCES
Many California physicians including those licensed by the CA Medical Board, CA Osteopathic Medical Board, CA Board of Podiatry, as well as registered nurses and other health care professionals possess professional licenses in not only California but other states as well. If an out of state license is disciplined including suspended, revoked, placed on probation, or surrendered in lieu of revocation, this likely will have consequences on the licensee’s California medical or nursing license.
Sealing of Arrest and Criminal Records for Adults and Juveniles (New 2018 Laws)
Specifically, newly added CA Penal Code section 851.91 allows adults’ arrest records to be sealed and no longer deemed “arrests” if the matter did not result in a conviction. Likewise, adult arrest records in which charges were dismissed following compliance with a diversion program may also now be sealed. Lastly, nearly all juvenile records, even those involving serious offenses, may now be sealed. However, obtaining such relief requires the filing of a petition with the courts and thus is best handled by an experienced attorney like Jonathan Turner.
CA Professional License Defense: Applications, Informal and Formal Reviews, Investigative Interviews, and When Should I Hire a Professional License Defense Attorney?
If you are being investigated by a California Professional Licensing Board or Agency such as the CA Department of Consumer Affairs, the CA Board of Registered Nursing, the Licensed Vocational Nursing Board, the CA Commission on Teacher Credentialing, the Board of Behavioral Sciences, the CA Bureau of Real Estate, the CA Department of Insurance, etc… […]
Administrative Hearings, Settlement Conferences and Pre-Hearing Conferences
Before a California professional licensing agency or board (including, but not limited to, the CA Commission on Teacher Credentialing, the CA Board of Registered Nursing, the CA Department of Consumer Affairs, the CA Vocational Nursing Board, the CA Department of Insurance, the CA Bureau of Real Estate, the CA Dental Board, the CA Board of […]
How Do I Clean Up/Expunge My Criminal Record Before Applying For A Professional License?
California professional licensing boards and agencies such as the Department of Consumer Affairs, Commission on Teacher Credentialing, Board of Registered Nursing, and Department of Insurance to name just a few will likely seek the discipline or denial of a license applicant who has a criminal history. If you are applying for a nursing license, teaching […]
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.