A common question is whether a domestic violence (DV) conviction can lead to a suspension or revocation of your professional license in the State of California.
Domestic violence charges can carry harsh legal consequences, such as fines, probation, and jail time. They can also have significant ramifications on professional licenses, such as fields in healthcare and others relying on their licenses to practice.
For professionals holding licenses in fields such as healthcare, law, education, and others, a domestic violence conviction can potentially lead to the suspension or revocation of their license, a loss that can significantly impact their careers and livelihood.
Many state licensing boards consider domestic violence as a "crime of moral turpitude," which might warrant disciplinary actions. This means that the consequences of a domestic violence conviction can be life-altering because of the loss of a professional license.
Notably, however, license discipline in domestic violence cases is not automatic. Licensing boards will consider different mitigating factors before determining whether to suspend or revoke a professional.
Engaging a criminal defense lawyer with experience in professional license defense is not just advisable, but crucial in protecting your career and navigating the complex legal processes.
Simply put, licensed professionals in California can face suspension or revocation by a state licensing board for criminal convictions that are related to the qualifications, functions, or duties of the business or profession.
Authorities across California can review court records, run fingerprint checks, and investigate complaints. Any professionals without relatively clean records might face license revocation or suspension.
California Business & Professions Code 480 BPC says, "(a) Notwithstanding any other provision of this code, a board may deny a license regulated by this code on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline…"
What are Common Domestic Violence Crimes?
The most common California domestic violence charges include the following:
- Penal Code 243. (e)(1) PC - domestic battery,
- Penal Code 273.5 PC - corporal injury to a spouse,
- Penal Code 422 PC - criminal threats,
- Penal Code 236 PC - false imprisonment,
- Penal Code 273d PC - child abuse,
- Penal Code 273(a) PC - child endangerment,
- Penal Code 368 PC - elder abuse,
- Penal Code 647(j)(4) PC - revenge porn,
- Penal Code 273.6 PC - violating a restraining order.
These cases are particularly complex because they involve not only the criminal justice system but also administrative hearings before the licensing board.
Crimes of Moral Turpitude
Due to the nature of the crime, crimes of moral turpitude are considered conduct that is contrary to community standards of justice, honesty, or good morals, such as domestic violence.
State licensing boards are primarily concerned about the character and ethical standards of their licensees because people with professional licenses hold positions of trust and influence.
In California, licensing boards, including those that govern healthcare professionals, attorneys, and educators, follow specific rules that allow for disciplinary actions against license holders convicted of crimes of moral turpitude.
These licensing boards believe these types of offenses reflect poorly on someone's character fitness to practice their profession. Typically, there is a step-by-step process for determining whether to suspend or revoke a license, including an investigation and hearing.
Primary Professions Affected
California state licensing boards consider not just a domestic violence conviction but also other factors that might reveal a person's character and future risk to the public. Some of the primary professions include the following:
- Healthcare Profession. This includes healthcare professionals such as doctors, nurses, and therapists. A domestic violence conviction can threaten their licensure and impact their ability to work because State licensing boards might suspend or revoke their license. Healthcare facilities might also terminate their employment, even if their license is not immediately revoked.
- Legal Profession. Attorneys and other legal professionals are held to high ethical standards. A domestic violence conviction can have severe consequences for their careers. The State bar associations might initiate disciplinary proceedings that can lead to suspension or disbarment, effectively ending their legal career. Even if not formally disciplined, lawyers may face difficulty retaining clients and securing new businesses due to the stigma associated with domestic violence convictions.
- Education Profession. Teachers and school administrators are entrusted with the well-being of students. Thus, a domestic violence conviction can raise concerns about their fitness to work in schools. State education boards may revoke or suspend the teaching credentials that can prevent them from working as educators in public schools and other educational settings.
Professional licensing boards in California have significant discretion when deciding whether a domestic violence conviction warrants disciplinary action.
They will review the nature of the crime and its connection to the professional's duties. They will also consider any mitigating factors when making their determinations.
If you are under investigation, you will have a chance to present your side of the story and negotiate for leniency. However, licensing boards frequently have a "self-reporting" requirement for criminal convictions.
This means that you are obligated to inform the board of any criminal convictions, even if they are not related to your professional duties. Failing to do so might also be grounds for disciplinary action.
Failing to self-report a conviction might also be grounds for disciplinary action. The board, department, or commission that regulates you can't just take away your license without giving you a chance for a hearing.
What Are Mitigating Factors?
Domestic violence convictions do not automatically result in the loss of a professional license. California licensing boards will consider a range of mitigating factors when deciding whether to take disciplinary action.
These factors can significantly influence the board's decision and might even result in reduced penalties or no action at all. Some of the most common mitigating factors include the following:
- The board will review the specific details of the domestic violence case. For example, a single incident is viewed less harshly than a pattern of abuse.
- If a significant amount of time has passed since the conviction and there has been good behavior, the board may be more lenient.
- A strong mitigating factor is demonstrating a commitment to rehabilitation, such as voluntarily attending anger management.
- Letters of recommendation from employers, colleagues, or community members can also influence the board's decision.
- If the person has no prior criminal history, the board may be more inclined to view the offense as an aberration.
What are the Steps to Protect a Professional License?
Suppose you are a professional facing domestic violence charges. In that case, you should take proactive steps to protect their professional licenses and minimize the impact on their careers, such as the following:
- Lawyers who understand the nuances of both criminal defense and professional license defense can work to resolve the criminal charges in a way that minimizes the impact on the individual's license. For example, it could involve negotiating a plea deal that avoids a conviction for a crime of moral turpitude.
- During license hearings, a lawyer can present evidence that highlights mitigating factors, such as rehabilitation efforts.
- You should familiarize yourself with the policies and procedures of your state licensing board to understand the potential consequences of a domestic violence conviction on your professional license.
- Maintain professionalism and compliance with legal requirements throughout the criminal proceedings.
- Demonstrating remorse, cooperation, and commitment to rehabilitation, which can positively influence licensing board decisions.
- If required, disclose your domestic violence conviction to your state licensing board. Provide accurate and timely information and explain the steps taken to address the situation and prevent future incidents.
Our California criminal defense lawyers can help. We represent individuals accused of crimes and have experience helping professionals avoid losing their licenses in disciplinary actions. For additional information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.
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