As a licensed professional, your ability to practice is directly tied to your reputation. If you find yourself accused of a crime (even one totally unrelated to your profession), the consequences can extend far beyond the courtroom. Depending on the nature of the charges and your line of work, you could face professional disciplinary action—including suspension or revocation of your license.
If you’re facing criminal charges, it’s crucial to act quickly and strategically. Here’s what you need to know to protect your career and professional standing.
If you’ve been accused of a crime, it’s probably already clear that you need to engage the services of a criminal defense attorney. However, defendants who hold professional licenses face a battle on two fronts: 1) the criminal charges themselves, and 2) potential sanctions from their licensing board.
Professional license defense is its own unique area of law that may be unfamiliar to even very seasoned criminal defense lawyers. Adding a professional license defense attorney to your team will help you:
Keep in mind that, even if your charge is dismissed, you may still face scrutiny from your licensing board. The sooner you engage an attorney, the better your chances of protecting your license and career.
Different North Carolina licensing boards have different rules about when and how criminal charges must be reported. Some boards require immediate disclosure upon arrest or indictment, while others only require reporting upon conviction.
For example:
Always consult with your attorney before making any disclosures. Failing to report a criminal charge or conviction when required can lead to additional disciplinary action, but premature or unnecessary reporting could complicate your defense.
Anything you say (whether to law enforcement, colleagues, or online) can be used against you in both criminal proceedings and licensing board investigations.
Ask that your attorney be present for any interviews. Even if you feel that the situation can be easily explained, the statements you make early in the investigation may interfere with your defense if your case goes forward.
Similarly, avoid discussing your situation with colleagues or clients, and keep the matter off social media. Consider setting your personal accounts to private to prevent any additional scrutiny.
Regardless of the outcome of your criminal case, your licensing board may still conduct its own investigation. Boards operate under different standards than the criminal justice system, meaning that even without a criminal conviction, you may face disciplinary action.
Licensing boards also have rules of administrative procedure and evidence that are different from the court’s. This doesn’t mean that the hearings aren’t formal and their rulings aren’t binding, however, so it’s important to treat board investigations with all due seriousness.
If you have already engaged a license defense attorney during the early stages of your case, you’ll be in a much better position to represent yourself before the board. Your attorney can help you organize evidence, understand procedures, and prepare for your disciplinary hearing so you improve the likelihood of a favorable outcome.
If your attorney anticipates a licensing board investigation, they may recommend taking steps to proactively demonstrate professionalism. Depending on the nature of the original charges, this could include a treatment program, an anger management course, or a refresher on professional ethics.
Working to correct mistakes and close knowledge gaps of your own volition will show the board that you are committed to your profession and set you up for success in any future hearings.
