A felony criminal charge or conviction can result in you losing your professional license or, at the very least, facing disciplinary action against you by your licensing board or agency. An experienced professional license defense lawyer can represent your interests in any disciplinary proceedings resulting from a criminal conviction. We can explain your options and work to achieve a reasonable settlement with the licensing board.
Each Texas licensing board or agency has separate rules concerning licensed individuals arrested, charged with, or convicted of a felony criminal offense. As a result, you must familiarize yourself with the rules and laws governing your profession. In many cases, a felony conviction can make you ineligible to continue holding a professional license. However, in other cases, while a felony per se may not disqualify you from holding a particular license, some types of felony convictions could disqualify you, depending on the nature of the crime.
Texas Medical Board
Under 22 Tex. Admin. Code §190.8, committing any felony offense, whether or not there is a complaint, indictment, or conviction, violates the Medical Practice Act (MPA). In other words, the Texas Medical Board (TMB) could find and take disciplinary action against a medical professional under its jurisdiction if it substantiates by credible evidence that the professional committed a felony, even if the individual is acquitted of a felony.
Furthermore, Tex. Occ. Code §164.057 provides that the TMB shall suspend a physician’s license on proof that the professional has been initially convicted of a felony. Upon final conviction, TMB must revoke the physician’s license.
Texas Board of Nursing
Tex. Occ. Code §301.452 provides different grounds for a licensed nurse facing disciplinary action by the Texas Board of Nursing (BON). §301.452(b)(3) states that nurses are subject to discipline if they are convicted of or placed on deferred adjudication, community supervision, or deferred disposition for a felony offense.
Furthermore, an initial conviction for certain felony offenses listed in Tex. Occ. Code §301.4525(a) will result in the BON suspending the nurse’s license. Upon final conviction for one of these crimes, the BON will revoke or refuse to renew the nurse’s license. These crimes include murder, kidnapping as a felony, sexual assault, robbery, and various sex offenses, among others.
Texas State Board of Public Accountancy
Under Tex. Occ. Code §901.502, one of the grounds for disciplinary action by the Texas State Board of Public Accountancy (TSBPA) against certified public accountants (CPAs) is a final conviction or deferred adjudication of a felony. §901.505 also provides that upon an initial felony conviction, TSBPA may immediately suspend or refuse to renew the CPA’s professional license as of the date of the conviction. If the conviction becomes final, TSBPA can take disciplinary action against the individual without further notice or hearing.
Texas Real Estate Commission
The Texas Real Estate Commission (TREC) can impose discipline upon or refuse to issue or renew a license for individuals convicted of or placed on deferred adjudication for (if deemed a conviction) certain criminal offenses, including some felonies. 22 Tex. Admin. Code §541.1 states that certain felonies directly relate to the duties and responsibilities of a real estate broker and real estate agent, as they affect the ability of the individual to represent the interest of others with honesty, trustworthiness, and integrity. These offenses include various felonies (and misdemeanors) such as:
- Offenses involving fraud or misrepresentation;
- Offenses against the person;
- Offenses involving moral turpitude;
- Felonies involving the manufacture, delivery, or intent to deliver controlled substances; and
- Felonies involving driving while intoxicated (DWI) or driving under the influence (DUI).
Some of these offenses also have the same potential impact on the licenses of professional inspectors, real estate inspectors, apprentice inspectors, and easement or right-of-way agents.
Texas Commission on Law Enforcement
Tex. Occ. Code §1701.312 states that a felony conviction disqualifies an individual from holding a license as a peace officer, public security officer, telecommunicator, or county jailer through the Texas Commission on Law Enforcement (TCOLE). If a court has adjudicated a person guilty of a felony offense, either through an admission, a plea agreement, a trial, or otherwise, the individual is disqualified from having a law enforcement license altogether. Even if the individual is placed on probation or is discharged satisfactorily from community supervision, the individual still cannot get a law enforcement license. The only exception under which an individual might be able to obtain a law enforcement license is if they were pardoned due to proof that they were innocent of the crime.
Texas Department of Licensing and Regulation
The Texas Department of Licensing and Regulation (TDLR) licenses and regulates many different types of professions and occupations, including barbers and cosmetologists,
Under Tex. Occ. Code §53.021, TDLR can disqualify a person from holding a license for any of the professions or occupations that it regulates if an individual commits a felony that is a sexually violent offense or that directly relates to the duties of the licensed occupation. Individuals also can be disqualified for selected severe and violent felonies, including murder, aggravated kidnapping, aggravated robbery, burglary, and various other offenses enumerated in Tex. Code of Crim. Proc. Art. 42A.054.
Get Assistance Defending Your Professional License Today
A felony criminal offense may threaten your ability to maintain your professional license and continue working in your chosen career. As a result, you must take certain actions to put yourself in the best position to avoid a negative outcome. Do not hesitate to get legal assistance if you are in this situation. Contact a Texas professional license defense attorney immediately if you receive or anticipate receiving notice of disciplinary proceedings due to a felony criminal charge.