Board should not Deny Application Based on Conviction Alone
An application for certification by a professional licensing board is generally a two-pronged analysis of the applicant’s ability to practice the profession. The board is looking at a person’s knowledge, usually tested by an examination, and a person’s character. The character analysis explores an applicant’s fitness to hold a professional license and serve the public. more often than not, this involves a background check.
In North Carolina, most criminal convictions do not automatically disqualify an applicant for a professional license. The board “may deny an applicant on the basis of a conviction of a crime only if the board finds that the applicant’s criminal conviction history is directly related to the duties and responsibilities for the licensed occupation or the conviction is for a crime that is violent or sexual in nature.” (N.C. Gen. Stat. § 93B-8.1). Even with the latter examples of convictions for specific conduct, there is often opportunity to show how the conviction does not affect an applicant’s fitness to practice moving forward.
When there is a conviction in a background check, the board will usually hold an administrative hearing to receive information related to the conviction and ask the applicant questions. Under this system, a board is obligated to assess certain factors when considering the application, including the nature of the conviction, the seriousness of the offense, the date of the offense, what connection the conviction may have, if any, to the prospective duties of the licensee, and any rehabilitation of the applicant. There is wide latitude to present an applicant’s case here. It is imperative to gather the right information to present to the board and present well at the hearing.
If the board denies an application for licensure after the administrative hearing, it must make written findings about the reason for denial. If a board is going to run a background check, they have to notify an applicant in the application and its website. If an applicant is denied, there is usually an appeals process the applicant can go through.
What can you do if you are applying for professional license with a criminal conviction?
Consider consulting with an attorney for assistance preparing the character section of your application. You have an opportunity to address the conviction in the application and include supporting documents on your behalf. We have had clients avoid the administrative hearing all together with a well-crafted application. If you are facing a character and fitness hearing, you should have an attorney assisting. Preparation here is key. You will be afforded an opportunity to present favorable evidence. An experienced attorney knows what the board is looking for and how to present the information. The attorney will be able to argue how the conviction does not affect your ability to perform the duties and responsibilities of the profession, leaving you free to focus on how the conviction is a thing of the past. Additionally, if you have not already done so, ask if your criminal record can be expunged.
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Written by Landon White.
