5 Tips to Get or Keep a Professional License in Texas with a Criminal Record

A criminal record doesn't have to spell the end of your professional dreams. This revealing episode of Know Your Regulator tackles one of the most anxiety-inducing questions facing many aspiring professionals: can you obtain or maintain a professional license with a criminal history in your background?

Host Cimone Murphree dismantles the myth that past convictions automatically disqualify candidates from licensure. Drawing from conversations with attorneys and regulators who handle these cases daily, she presents five practical, actionable strategies that can make all the difference in your licensing journey. You'll discover how licensing boards actually evaluate criminal history (it's more nuanced than you think), why proactive demonstration of rehabilitation matters, and the critical importance of honest disclosure—even for those seemingly minor misdemeanors you might be tempted to hide.

The episode delves into the often-overlooked connection between criminal proceedings and administrative licensing processes, revealing how decisions in one arena can dramatically impact outcomes in the other. Perhaps most valuable is the guidance on building the right legal team, one that understands both systems and can develop strategies that protect your professional future while addressing immediate legal concerns. 

Whether you're just starting your career path or working to maintain your professional standing after a legal setback, this episode provides the roadmap you need to navigate the complex intersection of criminal history and professional licensing with confidence and clarity. Your past doesn't have to define your professional future, and this episode shows you exactly why.

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Dive Deeper Into Past Episodes We Mentioned!

Episode 40: Breaking Barriers: The Texas Department of Licensing and Regulation's Second Chance Program with Jessica Hurtado 

Episode 12: Navigating Complaints with the Texas Department of Veterinary Medical Examiners with Mark Lee

Episode 32: Oops, I Got a Misdemeanor... Will My License Survive? with LaJuana Acklin

Episode 28: ISC vs SOAH: How Your Disciplinary Case Can Play Out with Kerry Bloodsaw

Episode 20: The Intersection of Criminal Defense and Professional Licenses with Justin Keiter

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Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator

Episode Transcript

Speaker 1 (00:01):
This podcast is for educational purposes only.

Speaker 2 (00:03):
Does not constitute legal advice and does not create
an attorney-client relationship.
If you need legal assistanceabout a legal problem contact an
attorney.

Speaker 1 (00:13):
Welcome back to Know your Regulator, the podcast that
inspires you to engage.
I'm your host, Simone Murphy,and in today's episode we're
diving into a topic that comesup more often than you would
think what happens if you areapplying for, or you already
hold, a professional license andyou have some criminal history
in your background?
For a lot of people, this ideais really terrifying that a
misdemeanor or a convictioncould end your career before it

(00:36):
begins.
But the reality is it's not asblack and white as it seems.
So today we're going to walkthrough five practical tips that
can help you if you're in thissituation, or if you know
someone who is.
These are pulled straight frompast conversations that we've
had with attorneys andregulators who deal with these
types of cases day in and dayout.
So let's get started.
One of the most commonmisconceptions is that a past

(00:58):
conviction automaticallydisqualifies you, and that's
just not true.
Licensing boards like the TexasDepartment of Licensing and
Regulation, for example.
They actually take a morebalanced approach, so they look
at the nature of the offense,how long ago it was and what
you've done since then to kindof build your life back.

Speaker 3 (01:17):
The important thing is how much time has passed
since the last offense occurred.
Obviously, the longer in timeyou go without having a new
crime, the better it is, themore you've shown that you've
rehabilitated yourself.
Proof of rehabilitation effortsis a big one, you know.
I find it very persuasive ifsomebody can present to me

(01:37):
here's the rehabilitation I'vedone for my drug addiction.

Speaker 1 (01:41):
So for example, if a serious offense that occurred
two years ago is not viewed thesame as something very minor
from, say, 20 years ago, and ifyou have spent that time kind of
building back a track record ofresponsibility, you've got
steady employment and maybe evensome volunteer work or
rehabilitation in there.

(02:01):
That absolutely matters.
So the first tip is understandhow your board evaluates
criminal history.
Don't assume that your case ishopeless.
The board is looking at thefull picture.
They're not just looking atyour rap sheet.
So super important youunderstand how they're
evaluating and what that processis.
Tip number two builds right ontop of that.

(02:23):
Don't wait for the boards tofill in the gaps.
Show them your progressproactively.
A lot of agencies have toolsthat you can use before you even
apply.
Save yourself a lot ofheartache, some time getting
kind of wrapped up into thatapplication.
For instance, tdlr, they have acriminal history evaluation
letter.
I think it's like $10, butabsolutely do that so you kind

(02:45):
of know your chances or ifyou're going to have some
trouble going into some things.

Speaker 4 (02:49):
I can't emphasize enough People make mistakes.
If you can recognize it andtake corrective action, that
goes a long way towardsresolving any issues.

Speaker 1 (02:59):
Talking about rehabilitation, it doesn't mean
just staying out of trouble.
It means that you're showingsteady work and you know
finishing treatment or educationprograms, letters of
recommendation, anything you cando to kind of demonstrate that
that's not who you are today.
So this next one kind of tripspeople up, sometimes Always
disclose your history, evenmisdemeanors.

(03:22):
I know that it is reallytempting to say that this is a
small instance, that it's in thepast, they will never notice.
But here's the thing theyabsolutely will notice.
The boards have access to morerecords than you realize and
when you don't disclose suddenlythat tiny little misdemeanor is
not the problem, it's reallythe dishonesty and the fact that

(03:44):
you are hiding things from theboard, and that's what they
really don't like.

Speaker 5 (03:49):
When in doubt, disclose.
So if you have any doubts,definitely err on the side of
caution and disclose.
But if you don't understandsomething, if by reading the
application it's just tooconfusing, I'm just going to go
back to my initial advice Callan attorney so they can walk you

(04:12):
through the application process, because attorneys have more
information than just the fourcorners of that application.
They understand the processesand what these boards are
looking for is in terms of ananswer so they can really
navigate through, so you canhave the best opportunity to

(04:33):
obtain that license.

Speaker 1 (04:35):
So make it a rule for yourself that honesty is first,
and if you're unsure about whatto disclose, you can talk to an
attorney.
But don't take the risk ofleaving it off.
And you know nine times out of10 that cover-up is going to be
worse than the actual admissionor the crime itself.
So this next tip is somethingthat a lot of people don't

(04:56):
realize until it's too late, andthat's that what happens in
your criminal case doesn'talways stay in your criminal
case.
So your license and your legalrecord are connected, and a
charge, even before a conviction, can trigger that
administrative process.
Sometimes you know what you doat the administrative level can
also help your criminal case too, but it's crucial that you

(05:19):
understand that those two areconnected.

Speaker 2 (05:21):
So somebody might be thinking about what happens.
You know if I don't like theresult.
The ISCs are not binding.
The offer generally comes afteryou know the ISC closes.
Sometimes it's immediatelyafter.
Sometimes they take somethingunder advisement and you'll hear
back in like a week or so.
But eventually, once you getwhatever that offer is, you do

(05:43):
get some time to read it overand think about it and then you
do have the option to reject it.

Speaker 1 (05:48):
So tip number four is don't treat these two as
separate tracks.
Think strategically, becausethe decisions that you make in
one case could ripple and haveeffects in the other case.
And finally, this leads us toour last tip, tip number five,
which is make sure you have theright legal help.

Speaker 4 (06:06):
Not every criminal defense attorney understands how
licensing boards work and notevery licensing attorney
understands how the criminaljustice system works to an
administrative lawyer, because alot of criminal lawyers don't
realize that even a deferred ora pretrial diversion can be

(06:33):
considered a conviction on theadministrative side.
Lawyers unfortunately don'tthink about these things.
They just want to get theirclient what they consider the
best deal possible, when thebest deal possible could be the
worst deal possible.

Speaker 1 (06:47):
It's crucial that you find an attorney who
understands both, becausesometimes the advice that
protects you in court, likeadmitting to certain facts or
agreeing to certain items, cancompletely sink you with the
board.
Having an attorney who seesboth sides of this is going to
save you from making choicesthat may feel good in the short

(07:08):
term but have very long-termconsequences for your
professional future.
So think of it as you arecreating a team that is prepared
for you know the entiresituation, not just a portion of
it.
So let's recap the five tips.
Number one understand howlicensing boards evaluate

(07:29):
criminal history.
Number two show yourrehabilitation proactively.
Number three alwaysself-disclose, even misdemeanors
.
Number four consideradministrative strategies if
you've got a criminal case.
And number five work withattorneys who know both systems.
It's crucial that you find anattorney who understands the
administrative process as wellas the criminal justice system.

(07:53):
Your license is your livelihoodand while a mistake in your
past may shape your journey, ittruly doesn't have to define it.
There's so many tools out therethat you could use to learn
about your chances of obtaininga license, of renewing a license
, and really, with the rightstrategy, the right legal
support, you can move forward.

(08:15):
Absolutely.
See what an attorney may beable to do for you if you find
yourself in a situation whereyou've got some criminal history
in your background and you'rehaving some trouble renewing or
applying for that licenseobtaining it.
Thanks for tuning in, and ifyou want to dig deeper, you can
check out the full episodes thatwe pulled the clips from in our
description below.
Follow and subscribe to getalerts when our new episodes

(08:37):
drop.
And until next time, stayinspired and continue engaging
with your regulatory agency.

Speaker 2 (08:44):
Know your Regulator.
The podcast that inspires youto engage.