Any holder of a professional license in Texas who has been placed under arrest is in the doubly-unfortunate situation of having their occupational license be at potential risk. And among the various licensing rules, many professionals find they are required by their boards or commissions to notify that authority of the arrest.
Of course, there are mitigating factors. Every incident is its own situation, and the particular facts involved in any situation can mean a different standard applies. It’s essential that a professional avoid making the critical error of not contacting their board or commission if so required—and it is just as important that a license-holder does not contact the board with arrest information if they are not required to do so! Why? Because making either of these mistakes may put a professional’s license at risk of censure or revocation.
Naturally, each of the boards and commissions that govern Texas professional licenses follows its own standards for criminal charges and convictions. In-depth knowledge of the specific rules of a professional’s particular licensing authority and how it operates is vital for empowering that professional to know whether their situation requires them to inform the licensing authority. Yet there are some commonalities.
Most of these boards will consider arrests, criminal charges, and criminal convictions when the licensee is first applying for licensure to determine whether these create a situation in which the applicant is unsuitable for licensure. They do the same for those who are already licensed, to decide whether it is proper that they remain in good standing—or whether that license should be suspended or revoked. And a licensee’s moral character often enters the equation.
Most boards also take a look at the moral character of a licensee, as reflected by their record or recent events. Arrest history, charges, and convictions may be considered indicators of the licensee’s moral character, even where the allegations against them do not directly pertain to their professional lives. Naturally, the type of allegations against a licensee will be taken into account, with some having more effect than others.
So, when such an event occurs, whether for actions taken or out of some misunderstanding, a licensee may be understandably reluctant to inform their licensing board. However, if it is required, they must do so.
But having an experienced professional license defense attorney to help may prevent the worst from happening.
Professional License Defense
BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action before a licensing body—for any reason. We know how to build a strong case to protect your license—and your livelihood. We highly recommend that no professional attempt to handle a complaint made against their license without the aid of a professional license defense attorney.
Our law firm helps professionals like you keep their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action, contact us today or call (512) 717-5432 and schedule a case evaluation.