The Impact of Criminal Charges on Your Healthcare License in Sacramento

As a healthcare professional in Sacramento, your license is your most valuable asset. It’s the key that unlocks your ability to practice your profession and earn a living doing what you love. But what happens when you find yourself facing criminal charges? Suddenly, your license – and your entire career – could be in jeopardy.

At TONG LAW, we’ve seen firsthand how devastating the consequences of a criminal conviction can be for nurses, doctors, and other licensed medical professionals. We understand the stress and uncertainty you may be feeling, and we’re here to help you navigate this challenging time with skilled guidance and aggressive advocacy.

How Criminal Charges Can Jeopardize Your Healthcare License

One of the first things to understand is that, as a licensed healthcare professional in California, you have a legal duty to report certain criminal convictions to your licensing board. This includes felony convictions and “any misdemeanor or conviction which is substantially related to the qualifications, functions, or duties” of your profession, as outlined in Business and Professions Code sections 2236 and 2237.

Failing to disclose a reportable conviction is itself a violation that can lead to disciplinary action. So, it’s crucial to be proactive and forthcoming with your board if you find yourself convicted of a crime.

Crimes That May Lead to License Suspension or Revocation

Of course, not all criminal convictions are created equal in the eyes of healthcare licensing boards. Generally speaking, the convictions that pose the greatest threat to your license are those that either:

1. Involve moral turpitude or dishonesty (e.g., fraud, theft, sex offenses) OR
2. Are substantially related to your qualifications and duties as a healthcare provider (e.g., prescription drug offenses, patient abuse or neglect)

For example, a DUI conviction may be less likely to trigger disciplinary action than, say, a conviction for Medicare fraud or sexual assault of a patient. However, multiple DUIs or a DUI causing injury could certainly jeopardize your license.

Factors Considered in Disciplinary Decisions

When determining whether to pursue disciplinary action based on a criminal conviction, licensing boards will consider a variety of factors, such as:

• The nature and severity of the crime
• How recently it occurred and whether there’s a pattern of criminal behavior
• The sentence imposed by the criminal court
• Whether your continued practice would pose a risk to public safety
• Any evidence of rehabilitation, such as substance abuse treatment or anger management courses
• Mitigating circumstances and character references

Ultimately, the board has to weigh their primary mission of protecting the public against your individual rights and circumstances. That’s why it’s so important to have an experienced professional license defense attorney in your corner to present your case in the most compelling light possible.

The Disciplinary Process After a Criminal Conviction

In most cases, your licensing board will learn of a criminal conviction in one of two ways: either you report it as required, or it shows up on a background check. From there, the board will typically open an investigation and gather additional information.

This may include requesting certified copies of court documents, police reports, and other relevant records. They may also ask you to provide a written explanation of the circumstances surrounding the conviction and any steps you’ve taken toward rehabilitation.

In some cases, the board’s investigator may want to interview you in person. If this happens, it’s crucial to have your license defense attorney present to protect your rights and help you navigate the process.

Administrative Hearings and License Revocation Proceedings

If, after investigating, the board believes your conviction warrants disciplinary action, they will typically file a formal Accusation against your license. This document, prepared by the Attorney General’s Office, outlines the factual and legal basis for the disciplinary charges.

As the licensee, you have the right to contest the charges and request an administrative hearing before an Administrative Law Judge (ALJ). This hearing is your opportunity to present evidence, call witnesses, and make arguments in your defense.

After considering the evidence and arguments from both sides, the ALJ will issue a proposed decision recommending whether the board should discipline your license and, if so, what the discipline should be. The board then has the option to adopt, modify, or reject the ALJ’s proposed decision.

If the board decides to suspend or revoke your license, you may have the right to challenge that decision by filing a writ of mandate in Superior Court. However, the grounds for overturning a board’s disciplinary decision are limited, so it’s important to put on the strongest possible case at the administrative hearing stage.

Options for Reinstatement After License Revocation

Even if your license is revoked due to a criminal conviction, that doesn’t necessarily mean the end of your career. Most healthcare licensing boards in California offer a pathway to reinstatement after a minimum waiting period (usually one to three years).

To successfully petition for reinstatement, you’ll need to demonstrate that you’ve been rehabilitated and that you no longer pose a risk to public safety. This may involve providing evidence of successful completion of probation or parole, substance abuse treatment, community service, or other steps taken to address the underlying issues that led to your conviction.

You’ll also need to show that you’ve maintained your professional competency and are prepared to practice safely and ethically. Letters of recommendation from colleagues, supervisors, or other character references can be helpful in this regard.

Minimizing the Professional Impact of Criminal Charges

Of course, the best way to protect your healthcare license is to avoid getting convicted in the first place. Depending on the circumstances of your case, there may be pretrial strategies available to help you avoid a conviction or minimize the licensing consequences, such as:

1. Negotiating with the prosecutor for a dismissal or reduction of the charges
2. Seeking eligibility for a deferred entry of judgment or pretrial diversion program
3. Negotiating a plea bargain to a lesser offense with less severe licensing implications

Even if a dismissal or diversion isn’t possible, your attorney may still be able to negotiate a plea bargain to a lesser offense that carries less severe licensing implications. For instance:

• Pleading down a felony to a misdemeanor
• Reducing a drug possession charge to a simple possession of paraphernalia

It’s important to work closely with both your criminal defense attorney and your license defense attorney to develop a comprehensive strategy that protects your interests in both arenas.

Expungement of Criminal Convictions in California

If you do end up with a criminal conviction on your record, you may be able to have it expunged (i.e., dismissed) after successfully completing probation. Under Penal Code section 1203.4, most misdemeanors and some felonies are eligible for expungement in California. Please consult with a criminal defense attorney about expungement options.

Having your conviction expunged can be beneficial for professional licensing purposes, as it may enable you to honestly answer “no” when asked if you’ve ever been convicted of a crime. However, it’s important to note that licensing boards can still consider expunged convictions in some circumstances, so expungement is not a complete solution.

Advocating for Yourself Before the Licensing Board

Finally, if you are facing disciplinary action based on a criminal conviction, it’s essential to advocate for yourself effectively before your licensing board. This is where having an experienced professional license defense attorney can make all the difference.

At TONG LAW, we know how to present your case in the most favorable light possible. We’ll work with you to gather compelling evidence of rehabilitation, character references, and other mitigating information. We’ll prepare you for investigatory interviews and vigorously defend your rights at administrative hearings.

In some cases, we may be able to negotiate with the board for a lesser sanction, such as probation or a public reprimand, in lieu of suspension or revocation. Our goal is always to achieve the best possible outcome for you and your career.

Get the Skilled Legal Help You Need

If you’re a licensed healthcare professional in the Sacramento area and you’re facing criminal charges or discipline by your licensing board, don’t try to go it alone. The stakes are simply too high.

At TONG LAW, we can guide you through this difficult time and fight for your rights every step of the way. We’ll work tirelessly to help you keep your license, your livelihood, and your professional reputation intact.

Contact us today for a confidential consultation with one of our knowledgeable professional license defense attorneys. Together, we’ll develop a strategy tailored to your unique situation and work to secure the best possible outcome for you and your career.