Let's review whether a California domestic violence conviction can lead to revocation of your professional license. In California, being convicted of domestic violence can have devastating consequences that extend far beyond fines, probation, or jail time.
For individuals holding professional licenses-whether doctors, nurses, chiropractors, dentists, pharmacists, lawyers, state employees, teachers, real estate agents, accountants, or other licensed professionals, such a conviction can potentially lead to the suspension or revocation of their license.
This is largely because many state licensing boards view domestic violence as a "crime of moral turpitude," which may warrant disciplinary actions.
The consequences of a domestic violence conviction can be life-altering, potentially leading to the loss of personal relationships, freedom, and, most importantly, one's livelihood as a licensed professional.
It's crucial to understand that license discipline in domestic violence cases is not automatic. Licensing boards often consider a range of mitigating factors before deciding on whether to suspend or revoke a license, offering a ray of hope in a challenging situation.
In such circumstances, having a criminal defense attorney with experience in professional license defense can be invaluable in protecting your career. It's a proactive step that can empower you in this challenging situation.
Simply put, if you're a licensed professional in California (doctor, teacher, lawyer, etc.), your state licensing board can potentially suspend or revoke your license for criminal convictions that are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made.
Authorities across the state are reviewing court records, running fingerprint checks, and investigating complaints. Professionals without clean records can face license revocation or suspension.
What is "Crimes of Moral Turpitude?"
"Crimes of moral turpitude" refer to actions that are considered contrary to community standards of justice, honesty, or good morals. Domestic violence, due to its nature, often falls within this category.
Licensing boards are concerned about the character and ethical standards of their licensees because professionals hold positions of trust and influence.
In California, many state licensing boards, including those that govern healthcare professionals, attorneys, and educators, have specific rules that allow for disciplinary actions against license holders convicted of crimes of moral turpitude.
Boards consider these crimes to reflect poorly on an individual's character, trustworthiness, and fitness to practice their profession. These boards generally have a multi-step process for determining whether to suspend or revoke a license, including an investigation and hearing.
The boards consider not only the conviction itself but also other factors that may shed light on the individual's character and future risk to the public.
What Does the Law Say?
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 only if either of the following conditions are met:
(1) The applicant has been convicted of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application…."
Will You Automatically Lose Your Professional License?
No, not necessarily. Professional licensing boards in California have significant discretion when deciding whether a domestic violence conviction warrants disciplinary action.
These boards often review the nature of the crime and its connection to the professional's duties, and they will also consider any mitigating factors when making their determinations.
Suppose your licensing board notifies you of an investigation into your recent domestic violence conviction. In that case, you will have an opportunity to present your side of the story and negotiate for leniency.
That said, we should also note that licensing boards frequently have a "self-reporting" requirement for criminal convictions. This means that if you are convicted of domestic violence or any other crime, the board expects you to disclose it to them.
Even though the courts may automatically notify them, as well, your failure to self-report a conviction, recent or not-so-recent, may also be grounds for disciplinary action. This underscores the importance of transparency and honesty in maintaining your professional license.
Failing to self-report a conviction, recent or not-so-recent, may also be grounds for disciplinary action. The board, department, or commission that regulates you can only take away your license if they give you a chance at a hearing.
What Are Mitigating Factors in Licensing Board Decisions?
While a domestic violence conviction is undoubtedly serious, it doesn't automatically result in the loss of a professional license. Licensing boards in California often consider a range of mitigating factors when deciding whether to take disciplinary action.
These factors can significantly influence the board's decision and may even result in reduced penalties or no action at all. Some of the most common mitigating factors include the nature and circumstances of the offense, time since the offense, rehabilitation efforts, character references, and absence of prior offenses. Let's delve into these factors in more detail.
- Nature and Circumstances of the Offense: The board may look at the specific facts of the domestic violence case. For example, a single incident of violence may be viewed less harshly than a pattern of abusive behavior.
- Time Since the Offense: If significant time has passed since the conviction and the individual has demonstrated good behavior since the incident, the board may be more lenient.
- Rehabilitation Efforts: One of the most powerful mitigating factors is demonstrating a commitment to rehabilitation. This could include voluntarily attending anger management or domestic violence counseling and completing any court-ordered treatment programs.
- Character References: Letters of recommendation from employers, colleagues, or community members attesting to the individual's good character can also influence the board's decision.
- Absence of Prior Offenses: If the conviction represents an isolated incident and the individual has no prior criminal history, the board may be more inclined to view the offense as an aberration rather than a reflection of overall character.
Dual Representation: Criminal and License Defense
One of the most effective strategies for professionals facing a domestic violence conviction is to engage a criminal defense attorney who also has experience in professional license defense. The most common California domestic violence charges are:
- 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. An attorney with experience in both areas can:
- Coordinate Defense Strategies: A lawyer who understands 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. This might involve negotiating a plea deal that avoids a conviction for a crime of moral turpitude.
- Present Mitigating Evidence: During license hearings, a dual-experienced attorney can present evidence that highlights mitigating factors, rehabilitation efforts, and the individual's overall fitness to continue practicing their profession.
- Navigate the Administrative Process: License defense proceedings involve specific rules and timelines that are distinct from criminal courts. An attorney with experience in this field can ensure that all procedural requirements are met and advocate for the most favorable outcome.
Our California criminal defense lawyers can help. We represent people accused of crimes and have experience helping professionals avoid losing their licenses in disciplinary actions. Contact our criminal defense law firm for additional information. We can also help you understand the process and get the full benefit of your legal rights.
Our certified specialists are available 24/7 to take your call and offer a free immediate response by phone. To be fairly compensated for time spent on criminal defense strategy, the Eisner Gorin law firm offers paid office consultations. The office consultation retainer will depend on the time spent and the seriousness of the allegations.
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