April 8, 2025 • 25 mins
A misdemeanor conviction doesn't have to derail your professional career, but understanding how licensing boards evaluate your history is crucial. Attorney LaJuana Acklin joins Cimone Murphree to demystify the complex relationship between criminal records and professional licensing.
The conversation tackles a widespread misconception – that only felonies matter when it comes to professional licensing. LaJuana explains how boards like the Texas Department of Licensing and Regulation evaluate criminal history through the lens of public protection. She identifies four categories of misdemeanors that consistently raise concerns: offenses involving dishonesty, crimes of moral turpitude, DWIs/DUIs, and possession of controlled substances. Each category potentially reveals character traits that might compromise a professional's ability to serve the public safely.
LaJuana offers valuable insights about timing, rehabilitation, and disclosure requirements. She emphasizes that boards consider both when the offense occurred and the applicant's age at the time, recognizing that people grow and mature. Perhaps her most emphatic advice centers on honesty – failing to disclose a misdemeanor when asked can lead to accusations of material misrepresentation, potentially resulting in worse consequences than the original offense would have caused. With many boards receiving real-time arrest information through fingerprint databases, attempts at concealment are not just unethical but futile.
For professionals navigating this challenging terrain, the episode provides practical resources and strategies. Some agencies offer preliminary eligibility determinations for a nominal fee before you invest in education or application fees. Most importantly, consulting with an attorney experienced in professional licensing can help you understand your specific situation and present your case in the best possible light.
________________________________
Check out the Pre-Licensing Eligibility resources below! -
Texas Department of Licensing and Regulation (TDLR):
https://www.tdlr.texas.gov/crimhistoryeval.htm
Texas Behavioral Health Executive Council (BHEC):
https://bhec.texas.gov/forms-and-publications/
Texas Medical Board (TMB):
https://www.tmb.state.tx.us/page/licensing-criminal-history
Learn more about obtaining a Criminal History Evaluation Letter from your governing agency:
https://www.belolaw.com/blog/what-is-a-criminal-history-evaluation-letter/
________________________________
Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
This podcast is for educational purposes only, does
not constitute legal advice anddoes not create an
attorney-client relationship.
If you need legal assistanceabout a legal problem, contact
an attorney.
Welcome to Know your Regulator.
The podcast that inspires youto engage.
I am your host, simone Murphy.
Today we're tackling a questionthat a lot of professionals
(00:22):
have can a misdemeanorconviction affect my ability to
get or keep a professionallicense?
To help us break it down, I'mjoined by LaWanna Ackland,
senior Associate at BertolinoLaw Firm.
Lawanna is an experiencedprofessional licensed defense
attorney who has helpedcountless professionals protect
their careers when facingregulatory issues.
(00:42):
Lawanna, thank you for beinghere today.
Speaker 2 (00:46):
Oh, thank you for having me.
I look forward to having thisconversation with you.
Speaker 1 (00:50):
I know it's going to be a good one.
I'm excited to get into it.
So many people assume thatreally only felonies matter when
it comes to licensing, but thatis not always the case.
So we're going to talk aboutwhen and how a misdemeanor might
impact your case, whatlicensing boards look for and
how you can best navigate thesituation, if this applies to
(01:12):
you.
So, LaWanna, we will start witha pretty broad question how do
licensing boards generallyfactor criminal history,
especially misdemeanors, intotheir decisions?
Speaker 2 (01:24):
factor criminal history especially misdemeanors,
into their decisions.
That is a great question.
So they are factored in becauseif you are convicted of a
misdemeanor, then thatunderlying conduct that led to
that conviction, it may beindicative of some qualities
that the board will not wanttheir license holders associated
(01:47):
with.
So for example and I want touse the Texas Department of
Licensing and Regulation as ourexample for today, because it
(02:07):
covers so many licenses thatindividuals have, from being a
barber or a cosmetologist all upto being a podiatrist or a
behavior analyst but theapplication is the same.
So under the Texas OccupationsCode, chapter 23, which is the
code that guides licensingauthorities on how to navigate
whether or not a misdemeanor isdirectly related to the roles
and responsibilities of anoccupation.
(02:27):
So the licensing boards, theytake those factors and they
actually embed them into therules they adopt.
So when they're looking at amisdemeanor and how it may
relate to the occupation,they're looking at the conduct
itself, what the charge was andwhether or not it actually
(02:52):
connects.
So, for example, if you do havea barber's license and then you
have a conviction for DWI or DUI, then they're looking at
whether or not that isassociated with the purpose of
(03:13):
that license, which is toservice individuals in that
industry.
So with that, of course, anelement of DUI or DWIs is, you
know, integrity may be an issueif you have a substance problem.
Typically that can lead tothose types of offenses.
And the board wants to knowwhether or not you exhibit a
(03:35):
behavior pattern that you willengage in that when you're
dealing with clients that you'reservicing or when you're
servicing the public at large.
So that's really what the boardwants to ascertain whether or
not you possess the qualities ofan individual that should hold
that license, will you engage inconduct that will essentially
(03:58):
harm the public?
Speaker 1 (04:00):
Yeah, it sounds like, while misdemeanors may not be
as serious as felonies, it'sstill raising a lot of red flags
for the boards when they'remaking these decisions,
especially, like you said, ifthey see that connection between
the offense and then theresponsibilities of the type of
profession.
I imagine it really does comedown to public trust and safety
(04:23):
and being able to trust thislicense holder with keeping the
public safe.
Oh, absolutely.
Speaker 2 (04:29):
That's.
What the boards are tasked todo is to protect the public from
harm and from bad actors thatmay be license holders, and one
of the ways they ascertainwhether or not you should hold a
license is if you have acriminal history and whether or
not there is a pattern orpractice of behavior that says,
hey, this individual, they mayengage in some behavior that may
(04:54):
harm this individual if we givethem a license.
So that's why they really lookat what has happened, what was
the offense and whether or notit's a direct connection with
the roles and responsibilitiesof the license holder and what
they are tasked with doing withthat license.
Speaker 1 (05:15):
Yeah, yeah, and I would say I think we both know
that not all misdemeanors aretreated equally.
Can you walk us through howdifferent types of offenses,
different types of misdemeanorsmay impact a licensing decision?
Speaker 2 (05:33):
Absolutely so.
I believe that, no matter whichboard it is, we can boil down
the most serious convictions toabout four categories.
One, an offense that involvesdishonesty as an essential
element of that offense, liketheft, illegal use of a credit
(05:56):
card, those types of offenses.
Two, offenses that involvemoral turpitude, meaning that
you've engaged in something thatgoes against social morals,
such as, like the domesticviolence, simple assault If you
have a lover's quarrel and thepolice are called and you are
(06:19):
arrested and you are indictedfor a simple assault, that can
very well affect your ability toget a license.
Also, misdemeanors for DWIs andDUIs.
So any misdemeanors thatinvolve driving while
intoxicated, driving under theinfluence.
Often boards say that may looklike you lack integrity to carry
(06:41):
a license with our board.
And finally, possessionpossession of marijuana,
possession of illicit substances, even for just the intent to
use.
If you are convicted of that atthe misdemeanor level, that may
be a red flag for a board toascertain whether or not you
(07:01):
should hold a license.
And for the same reasons we'vediscussed before all of those
convictions, there was conductthat led to it and that conduct
may be indicative of qualitiesthat the board may feel if we
give you a license, this mayactually be a harm to the public
(07:48):
and that makes sense.
Like you said, a a fraudrelated misdemeanor may be a
bigger issue for a financialprofessional, whereas have to
earn the trust of the communityat large as well as the
financial community that if youare convicted of a DUI or DWI,
that shows a lack of integrityto hold a license.
(08:10):
So they do take that intoconsideration as to whether or
not you either keep your licenseor if they will give you a
license.
Also, too, a lot of boards havereporting obligations.
So if you are convicted or ifyou do receive charges on a
particular offense, then youhave an obligation to report it
(08:32):
to your board.
It's typically within 30 days.
So with their reporting theytake all of that into
consideration as to whether ornot you should keep your license
or if you're applying for aninitial license.
If you have that criminalhistory, it can very well affect
your ability to get a licenseif there aren't certain factors
(08:53):
in place that you can show thatyou are an individual that
should hold this license,although you do have this
history.
Speaker 1 (09:01):
Interesting, that is really interesting to know that
the boards can write that kindof into their rules so that
every applicant or every, youknow license holder is subject
to follow that.
So that's really good to knowand really think that's big, a
big nugget of information forour listeners to know those
(09:23):
deadlines and kind of what tolook for.
Are there any other boards thatyou know of that have that
written into their rules, likethe Public Accountancy Board?
Speaker 2 (09:35):
Yeah, oh, absolutely so, the Texas Department of
Licensing and Regulation.
They also have it embedded intheir rules that they're going
to follow the specific factorsand they list on their website
what offenses next to each ofthe licenses that they carry
(09:57):
Again, those four differentcategories.
If you go on their website youwill see.
You could just pull up, like,for example, for a cosmetologist
.
It will list if you've beenconvicted of theft.
If you've been convicted of somesort of misdemeanor that is
related to fraud or dishonesty,then you may not be able to
(10:20):
service a client because you'redealing with money, so you're
somewhat a fiduciary as well.
So if you've been convicted,you may not be fit to hold a
license.
As a matter of fact, in TexasOccupations Code, chapter 51, it
actually says within the codethat they have the authorization
to ascertain that thisparticular misdemeanor
(10:44):
conviction means that you're notfit to hold a license.
So that list they have on theirwebsite they're telling you up
front if you've been convictedof this, more than likely you're
not fit to have a license withour board license with our board
(11:06):
.
Speaker 1 (11:06):
That's really really good for applicants and you know
people who are consideringhaving a licensed profession you
know to know and to look at.
You had mentioned previouslythat the boards are looking for
patterns of behavior.
So if someone has multiple,even minor offenses, even if
they aren't directly related totheir profession, that could
(11:26):
indicate a concern for the board.
Is what you're saying?
Speaker 2 (11:30):
Absolutely so.
I'm glad that you mentionedthat because with some boards a
deferred adjudication equates toa conviction.
So if you had a deferredadjudication and that
misdemeanor conviction wasdismissed later, it can still
have an impact on your abilityto get a license.
(11:51):
So how does that tie intopatterns and practices of your
behavior If you have severaldeferred adjudications?
Your behavior, if you haveseveral deferred adjudications
or you have these arrests or youhave these convictions,
especially if they've happenedin a certain span of time and
they've happened within, likethe last five years, that may
(12:15):
signal to the board that thisindividual has some underlying
conduct that may not be fit.
That person may not be fit tohold a license.
Like, for example, let's sayyou've had a DWI, you had a
simple assault and they alldeferred and you finished those
out and they were dismissed.
(12:35):
But then it's that underlyingconduct that comes with that.
Why does this person, why hasthis person had multiple
offenses?
Is this person fit?
Does that behavior demonstratethat this person is fit to carry
this license?
So that's what license holdersshould really look at is that
(12:57):
pattern of practice as towhether or not they are ready
and fit to hold a license?
Also with the Texas Departmentof Licensing and Regulation you
can actually get an eligibilityletter For $10,.
You can fill out a form andthey can look at your criminal
history and they can tell youprior to applying whether or not
(13:20):
, more than likely, you'reeligible to receive a license.
So I would suggest that if youdo have prior convictions or
deferred adjudications, that ifyou're going for a license
that's under that particularboard, get that eligibility as
well, just to make sure thatthey will give you a license
(13:42):
based on your criminal history.
Speaker 1 (13:44):
Oh, yeah, I mean, that's a money saver right there
.
Ten dollars, yeah, go and goand get that, just to make sure
that you are.
You're good to go, and I'mreally glad that you brought up
that point, because I thinkthere's often a lot of
misconceptions when it comes todeferred adjudication and how
that kind of affects you downthe line.
So that's really good for ourviewers to know.
(14:05):
Hey, this is something thatthey're looking at and they
consider that when they'remaking these decisions.
We also mentioned time.
If a misdemeanor happened, saylike 10 years ago versus a year
ago, how does the board factortime into their decisions?
Speaker 2 (14:27):
Great question.
So I've mentioned the TexasOccupations Code, chapter 53,
before and that's where thosefactors are listed as to whether
or not this individual is fitto have a license.
And two of those factors arethe age you were when it
happened and how much time hasessentially passed since that
(14:49):
incident has occurred.
So with that, the further backor the further away the incident
is from when you're applyingfor the license is also it helps
.
And two, age helps as well,because you know board members
are people too.
Boards are employed byindividuals and they understand
(15:11):
you may do things in 20 and 21that you may not do at 30.
And especially if the lastincident was 5, 17 years ago,
you've had time to evolve andgrow.
As a matter of fact, you may beable to show that through
recommendation letters.
That can really sure up.
(15:31):
Yes, I have a criminal history,but this is how I've
rehabilitated myself since thatoffense occurred.
Speaker 1 (15:40):
Yeah, yeah, I think there's some jokes going around
on the internet about frontallobes becoming fully developed,
and so it's kind of like yeah,you know, I think sometimes
frontal lobes don't developuntil 25, 27, something like
that.
So, yeah, that's good, reallygood to know, I think, just for
(16:01):
anyone who's listening, thatthat that is something that the
board's taken to consideration.
I think another big questionthat people may have is about
disclosing this information, andyou know essentially being
really vulnerable with the board.
If someone has a misdemeanor,should they always disclose it
(16:22):
on their applications.
Speaker 2 (16:23):
So you definitely want to disclose that on initial
application because more thanlikely they're going to ask.
And if you are renewing alicense, more than likely you
will be asked have you had anyconvictions since the last time
you renewed?
And if you don't answer thattruthfully then you can have
(16:44):
disciplinary action based on amaterial misrepresentation on an
application.
I know that's how the rules arewritten for the Texas
Department of Insurance.
So, yes, when in doubt, alwaysdisclose.
And my personal belief andlegal opinion is that if you're
honest with the board up front,it just shows that you do have
(17:05):
that integrity.
So it doesn't hurt to disclose,even if the rules doesn't.
They don't specifically statethat you have to Like.
For example, with the TexasDepartment of Insurance we
talked about those obligationsto report under their rules.
You have to report felonies,but not necessarily misdemeanors
.
But if you do have misdemeanors, what are likely when you, when
(17:28):
your license comes up forrenewal, they're going to ask
you.
So you might as well get aheadof it and just be transparent
with the board.
Speaker 1 (17:37):
Yeah, no, absolutely.
I think that's a really bigthing for our viewers, any
applicants, any license holdersout there who are preparing to
renew that, that omittinginformation and not that
integrity and that characterthat they're looking for for the
license holders to display.
It's super important andhonesty is always the best
(18:10):
policy, right you really?
The other situation that you'relooking at is opening a door to
lie and then potentiallycontinuing to get deeper and
deeper and deeper into that lielies on top of lies.
You know you, um, that's,that's not a situation you want
to find yourself in.
Speaker 2 (18:27):
I can imagine absolutely, absolutely, um, and
I just think, yeah, mysupporters should remember the
whole purpose of a board is toprotect the public from what
they would perceive as badactors.
So if you don't disclose on theapplication, if you're not
forthcoming, then, like you said, that kind of plays right into
(18:50):
that, which can have an adverseimpact on your ability to either
obtain a license or to keep thelicense you've already been
granted.
Speaker 1 (18:59):
Yeah, yeah, absolutely Well, Luana.
What are some of the mostcommon mistakes that you see
professionals make when they aredealing with a past misdemeanor
?
Are you seeing a lot ofdishonesty, or is it more maybe
just not understanding theprocess of how things work?
Speaker 2 (19:29):
So what.
I've seen is that individualsmay just not understand the call
of the question on a renewalapplication or an initial
application, and they need helpunderstanding what's being asked
of them so they don'tmaterially misrepresent any
factors when it comes down totheir criminal history.
Also, too, something I've seenis individuals not understanding
(19:50):
the rules regarding obligationsto report for my current
license holders.
So if you do have a license,it's very important that you
understand the rules regardingreporting any sort of conviction
with misdemeanor so they canmake their decision as to
whether or not there should besome action taken on your
(20:11):
license.
Because when you don't do that,oftentimes you have turned in
your fingerprints to the boardand they get that information
real time.
So that's another reason youwill want to be forthcoming,
because the board will find out.
I know with the Texas EducationAgency they get that information
(20:32):
real time.
You have a certificate to teachK through 12 and you've been
arrested.
They get that information realtime and a lot of boards they
also get that information.
So it's just better to abide bythe reporting obligations if
there are any.
Also, too, when it comes downto filing for the initial
(20:54):
application, like with TDLR, ifyou have the opportunity to get
the eligibility letter, do thatbefore filing the application.
But if you don't, just makesure you contact someone like me
, a lawyer, who can navigate youthrough those questions so you
can give the correct answers andgive yourself the best
(21:16):
opportunity to obtain thatlicense.
Speaker 1 (21:18):
So it really sounds like you know.
The best approach is just to betotally honest and ask for help
if you need it.
Make sure that you understandthe process that you're entering
into and what each you know.
If there's a word that youdon't know what it means ask for
help, I think that's really abig, big piece is.
There's a lot of legal jargon,misconceptions, and you, as a
(21:41):
applicant or as a license holder, will want to make sure that
you totally understand that.
And if you don't reach out tolike Luana said, an experienced
attorney just like her, whodeals with these types of cases
day in and day out, luana, forsomeone who's listening right
now and is worried that a pastmisdemeanor might affect their
career and is worried that apast misdemeanor- might affect
(22:05):
their career.
Speaker 2 (22:05):
What would be your advice to them?
The first thing you should dois probably contact an attorney
so they can navigate you throughit.
But before you even contact anattorney, you can even probably
reach out to the board and tothe licensing department and get
some information on whatthey're looking for.
(22:25):
I know for my clients I've beentold by boards when in doubt,
disclose.
So if you have any doubts,definitely err on the side of
caution and disclose anddisclose.
But if you don't understandsomething, if by reading the
application it's just tooconfusing.
(22:52):
I'm just going to go back to myinitial advice Call an attorney
so they can walk you through theapplication process, because
attorneys have more informationthan just the four corners of
that application.
They understand the processesand what these boards are
looking for in terms of ananswer so they can really
navigate through, so you canhave the best opportunity to
(23:13):
obtain that license.
Speaker 1 (23:16):
Yeah, that's great advice.
So consulting an attorney,knowing the specific policies,
like we had mentioned a littlebit earlier, kind of being
prepared with those goodreferences and, you know,
demonstrating that change andgood character can really help
strengthen a case.
Thank you so much for beinghere with us this afternoon and
(23:37):
it's been a really insightfuldiscussion.
I think our viewers have a lotof good takeaways.
Speaker 2 (23:43):
Oh, thank you for having me, and I hope that I've
said something that would stir alicense holder in the right
direction.
Speaker 1 (23:52):
Absolutely, and thank you.
I mean we mentioned some reallygreat resources too.
I kind of want to circle backon that for just a moment.
That you can check out theseagency websites.
They have these lists ofinfract.
That you can check out theseagency websites they have these,
(24:20):
you know.
Submit a preliminary report orget some information before you
go and you fill out thatapplication.
Absolutely try and takeadvantage of that resource.
For those listening, pleaseremember a misdemeanor does not
have to be the end of yourcareer, but how you handle it
can really make all thedifference.
If you're facing a licensingissue and you need guidance,
(24:43):
please consult with an attorneyto learn about your options.
Be sure to subscribe to Knowyour Regulator for more episodes
like this, where we break downthe legal and regulatory
challenges that professionalsface, and until next time, stay
inspired and continue engagingwith your regulatory agency.
Thanks, lj.
Speaker 2 (25:02):
Thank you.
Thank you for having me.
Speaker 1 (25:05):
Know your Regulator.
The podcast that inspires youto engage.
This podcast is for educational purposes only, does
not constitute legal advice anddoes not create an
attorney-client relationship.
If you need legal assistanceabout a legal problem, contact
an attorney.
Welcome to Know your Regulator.
The podcast that inspires youto engage.
I am your host, simone Murphy.
Today we're tackling a questionthat a lot of professionals
(00:22):
have can a misdemeanorconviction affect my ability to
get or keep a professionallicense?
To help us break it down, I'mjoined by LaWanna Ackland,
senior Associate at BertolinoLaw Firm.
Lawanna is an experiencedprofessional licensed defense
attorney who has helpedcountless professionals protect
their careers when facingregulatory issues.
(00:42):
Lawanna, thank you for beinghere today.
Speaker 2 (00:46):
Oh, thank you for having me.
I look forward to having thisconversation with you.
Speaker 1 (00:50):
I know it's going to be a good one.
I'm excited to get into it.
So many people assume thatreally only felonies matter when
it comes to licensing, but thatis not always the case.
So we're going to talk aboutwhen and how a misdemeanor might
impact your case, whatlicensing boards look for and
how you can best navigate thesituation, if this applies to
(01:12):
you.
So, LaWanna, we will start witha pretty broad question how do
licensing boards generallyfactor criminal history,
especially misdemeanors, intotheir decisions?
Speaker 2 (01:24):
factor criminal history especially misdemeanors,
into their decisions.
That is a great question.
So they are factored in becauseif you are convicted of a
misdemeanor, then thatunderlying conduct that led to
that conviction, it may beindicative of some qualities
that the board will not wanttheir license holders associated
(01:47):
with.
So for example and I want touse the Texas Department of
Licensing and Regulation as ourexample for today, because it
(02:07):
covers so many licenses thatindividuals have, from being a
barber or a cosmetologist all upto being a podiatrist or a
behavior analyst but theapplication is the same.
So under the Texas OccupationsCode, chapter 23, which is the
code that guides licensingauthorities on how to navigate
whether or not a misdemeanor isdirectly related to the roles
and responsibilities of anoccupation.
(02:27):
So the licensing boards, theytake those factors and they
actually embed them into therules they adopt.
So when they're looking at amisdemeanor and how it may
relate to the occupation,they're looking at the conduct
itself, what the charge was andwhether or not it actually
(02:52):
connects.
So, for example, if you do havea barber's license and then you
have a conviction for DWI or DUI, then they're looking at
whether or not that isassociated with the purpose of
(03:13):
that license, which is toservice individuals in that
industry.
So with that, of course, anelement of DUI or DWIs is, you
know, integrity may be an issueif you have a substance problem.
Typically that can lead tothose types of offenses.
And the board wants to knowwhether or not you exhibit a
(03:35):
behavior pattern that you willengage in that when you're
dealing with clients that you'reservicing or when you're
servicing the public at large.
So that's really what the boardwants to ascertain whether or
not you possess the qualities ofan individual that should hold
that license, will you engage inconduct that will essentially
(03:58):
harm the public?
Speaker 1 (04:00):
Yeah, it sounds like, while misdemeanors may not be
as serious as felonies, it'sstill raising a lot of red flags
for the boards when they'remaking these decisions,
especially, like you said, ifthey see that connection between
the offense and then theresponsibilities of the type of
profession.
I imagine it really does comedown to public trust and safety
(04:23):
and being able to trust thislicense holder with keeping the
public safe.
Oh, absolutely.
Speaker 2 (04:29):
That's.
What the boards are tasked todo is to protect the public from
harm and from bad actors thatmay be license holders, and one
of the ways they ascertainwhether or not you should hold a
license is if you have acriminal history and whether or
not there is a pattern orpractice of behavior that says,
hey, this individual, they mayengage in some behavior that may
(04:54):
harm this individual if we givethem a license.
So that's why they really lookat what has happened, what was
the offense and whether or notit's a direct connection with
the roles and responsibilitiesof the license holder and what
they are tasked with doing withthat license.
Speaker 1 (05:15):
Yeah, yeah, and I would say I think we both know
that not all misdemeanors aretreated equally.
Can you walk us through howdifferent types of offenses,
different types of misdemeanorsmay impact a licensing decision?
Speaker 2 (05:33):
Absolutely so.
I believe that, no matter whichboard it is, we can boil down
the most serious convictions toabout four categories.
One, an offense that involvesdishonesty as an essential
element of that offense, liketheft, illegal use of a credit
(05:56):
card, those types of offenses.
Two, offenses that involvemoral turpitude, meaning that
you've engaged in something thatgoes against social morals,
such as, like the domesticviolence, simple assault If you
have a lover's quarrel and thepolice are called and you are
(06:19):
arrested and you are indictedfor a simple assault, that can
very well affect your ability toget a license.
Also, misdemeanors for DWIs andDUIs.
So any misdemeanors thatinvolve driving while
intoxicated, driving under theinfluence.
Often boards say that may looklike you lack integrity to carry
(06:41):
a license with our board.
And finally, possessionpossession of marijuana,
possession of illicit substances, even for just the intent to
use.
If you are convicted of that atthe misdemeanor level, that may
be a red flag for a board toascertain whether or not you
(07:01):
should hold a license.
And for the same reasons we'vediscussed before all of those
convictions, there was conductthat led to it and that conduct
may be indicative of qualitiesthat the board may feel if we
give you a license, this mayactually be a harm to the public
(07:48):
and that makes sense.
Like you said, a a fraudrelated misdemeanor may be a
bigger issue for a financialprofessional, whereas have to
earn the trust of the communityat large as well as the
financial community that if youare convicted of a DUI or DWI,
that shows a lack of integrityto hold a license.
(08:10):
So they do take that intoconsideration as to whether or
not you either keep your licenseor if they will give you a
license.
Also, too, a lot of boards havereporting obligations.
So if you are convicted or ifyou do receive charges on a
particular offense, then youhave an obligation to report it
(08:32):
to your board.
It's typically within 30 days.
So with their reporting theytake all of that into
consideration as to whether ornot you should keep your license
or if you're applying for aninitial license.
If you have that criminalhistory, it can very well affect
your ability to get a licenseif there aren't certain factors
(08:53):
in place that you can show thatyou are an individual that
should hold this license,although you do have this
history.
Speaker 1 (09:01):
Interesting, that is really interesting to know that
the boards can write that kindof into their rules so that
every applicant or every, youknow license holder is subject
to follow that.
So that's really good to knowand really think that's big, a
big nugget of information forour listeners to know those
(09:23):
deadlines and kind of what tolook for.
Are there any other boards thatyou know of that have that
written into their rules, likethe Public Accountancy Board?
Speaker 2 (09:35):
Yeah, oh, absolutely so, the Texas Department of
Licensing and Regulation.
They also have it embedded intheir rules that they're going
to follow the specific factorsand they list on their website
what offenses next to each ofthe licenses that they carry
(09:57):
Again, those four differentcategories.
If you go on their website youwill see.
You could just pull up, like,for example, for a cosmetologist
.
It will list if you've beenconvicted of theft.
If you've been convicted of somesort of misdemeanor that is
related to fraud or dishonesty,then you may not be able to
(10:20):
service a client because you'redealing with money, so you're
somewhat a fiduciary as well.
So if you've been convicted,you may not be fit to hold a
license.
As a matter of fact, in TexasOccupations Code, chapter 51, it
actually says within the codethat they have the authorization
to ascertain that thisparticular misdemeanor
(10:44):
conviction means that you're notfit to hold a license.
So that list they have on theirwebsite they're telling you up
front if you've been convictedof this, more than likely you're
not fit to have a license withour board license with our board
(11:06):
.
Speaker 1 (11:06):
That's really really good for applicants and you know
people who are consideringhaving a licensed profession you
know to know and to look at.
You had mentioned previouslythat the boards are looking for
patterns of behavior.
So if someone has multiple,even minor offenses, even if
they aren't directly related totheir profession, that could
(11:26):
indicate a concern for the board.
Is what you're saying?
Speaker 2 (11:30):
Absolutely so.
I'm glad that you mentionedthat because with some boards a
deferred adjudication equates toa conviction.
So if you had a deferredadjudication and that
misdemeanor conviction wasdismissed later, it can still
have an impact on your abilityto get a license.
(11:51):
So how does that tie intopatterns and practices of your
behavior If you have severaldeferred adjudications?
Your behavior, if you haveseveral deferred adjudications
or you have these arrests or youhave these convictions,
especially if they've happenedin a certain span of time and
they've happened within, likethe last five years, that may
(12:15):
signal to the board that thisindividual has some underlying
conduct that may not be fit.
That person may not be fit tohold a license.
Like, for example, let's sayyou've had a DWI, you had a
simple assault and they alldeferred and you finished those
out and they were dismissed.
(12:35):
But then it's that underlyingconduct that comes with that.
Why does this person, why hasthis person had multiple
offenses?
Is this person fit?
Does that behavior demonstratethat this person is fit to carry
this license?
So that's what license holdersshould really look at is that
(12:57):
pattern of practice as towhether or not they are ready
and fit to hold a license?
Also with the Texas Departmentof Licensing and Regulation you
can actually get an eligibilityletter For $10,.
You can fill out a form andthey can look at your criminal
history and they can tell youprior to applying whether or not
(13:20):
, more than likely, you'reeligible to receive a license.
So I would suggest that if youdo have prior convictions or
deferred adjudications, that ifyou're going for a license
that's under that particularboard, get that eligibility as
well, just to make sure thatthey will give you a license
(13:42):
based on your criminal history.
Speaker 1 (13:44):
Oh, yeah, I mean, that's a money saver right there
.
Ten dollars, yeah, go and goand get that, just to make sure
that you are.
You're good to go, and I'mreally glad that you brought up
that point, because I thinkthere's often a lot of
misconceptions when it comes todeferred adjudication and how
that kind of affects you downthe line.
So that's really good for ourviewers to know.
(14:05):
Hey, this is something thatthey're looking at and they
consider that when they'remaking these decisions.
We also mentioned time.
If a misdemeanor happened, saylike 10 years ago versus a year
ago, how does the board factortime into their decisions?
Speaker 2 (14:27):
Great question.
So I've mentioned the TexasOccupations Code, chapter 53,
before and that's where thosefactors are listed as to whether
or not this individual is fitto have a license.
And two of those factors arethe age you were when it
happened and how much time hasessentially passed since that
(14:49):
incident has occurred.
So with that, the further backor the further away the incident
is from when you're applyingfor the license is also it helps
.
And two, age helps as well,because you know board members
are people too.
Boards are employed byindividuals and they understand
(15:11):
you may do things in 20 and 21that you may not do at 30.
And especially if the lastincident was 5, 17 years ago,
you've had time to evolve andgrow.
As a matter of fact, you may beable to show that through
recommendation letters.
That can really sure up.
(15:31):
Yes, I have a criminal history,but this is how I've
rehabilitated myself since thatoffense occurred.
Speaker 1 (15:40):
Yeah, yeah, I think there's some jokes going around
on the internet about frontallobes becoming fully developed,
and so it's kind of like yeah,you know, I think sometimes
frontal lobes don't developuntil 25, 27, something like
that.
So, yeah, that's good, reallygood to know, I think, just for
(16:01):
anyone who's listening, thatthat that is something that the
board's taken to consideration.
I think another big questionthat people may have is about
disclosing this information, andyou know essentially being
really vulnerable with the board.
If someone has a misdemeanor,should they always disclose it
(16:22):
on their applications.
Speaker 2 (16:23):
So you definitely want to disclose that on initial
application because more thanlikely they're going to ask.
And if you are renewing alicense, more than likely you
will be asked have you had anyconvictions since the last time
you renewed?
And if you don't answer thattruthfully then you can have
(16:44):
disciplinary action based on amaterial misrepresentation on an
application.
I know that's how the rules arewritten for the Texas
Department of Insurance.
So, yes, when in doubt, alwaysdisclose.
And my personal belief andlegal opinion is that if you're
honest with the board up front,it just shows that you do have
(17:05):
that integrity.
So it doesn't hurt to disclose,even if the rules doesn't.
They don't specifically statethat you have to Like.
For example, with the TexasDepartment of Insurance we
talked about those obligationsto report under their rules.
You have to report felonies,but not necessarily misdemeanors
.
But if you do have misdemeanors, what are likely when you, when
(17:28):
your license comes up forrenewal, they're going to ask
you.
So you might as well get aheadof it and just be transparent
with the board.
Speaker 1 (17:37):
Yeah, no, absolutely.
I think that's a really bigthing for our viewers, any
applicants, any license holdersout there who are preparing to
renew that, that omittinginformation and not that
integrity and that characterthat they're looking for for the
license holders to display.
It's super important andhonesty is always the best
(18:10):
policy, right you really?
The other situation that you'relooking at is opening a door to
lie and then potentiallycontinuing to get deeper and
deeper and deeper into that lielies on top of lies.
You know you, um, that's,that's not a situation you want
to find yourself in.
Speaker 2 (18:27):
I can imagine absolutely, absolutely, um, and
I just think, yeah, mysupporters should remember the
whole purpose of a board is toprotect the public from what
they would perceive as badactors.
So if you don't disclose on theapplication, if you're not
forthcoming, then, like you said, that kind of plays right into
(18:50):
that, which can have an adverseimpact on your ability to either
obtain a license or to keep thelicense you've already been
granted.
Speaker 1 (18:59):
Yeah, yeah, absolutely Well, Luana.
What are some of the mostcommon mistakes that you see
professionals make when they aredealing with a past misdemeanor
?
Are you seeing a lot ofdishonesty, or is it more maybe
just not understanding theprocess of how things work?
Speaker 2 (19:29):
So what.
I've seen is that individualsmay just not understand the call
of the question on a renewalapplication or an initial
application, and they need helpunderstanding what's being asked
of them so they don'tmaterially misrepresent any
factors when it comes down totheir criminal history.
Also, too, something I've seenis individuals not understanding
(19:50):
the rules regarding obligationsto report for my current
license holders.
So if you do have a license,it's very important that you
understand the rules regardingreporting any sort of conviction
with misdemeanor so they canmake their decision as to
whether or not there should besome action taken on your
(20:11):
license.
Because when you don't do that,oftentimes you have turned in
your fingerprints to the boardand they get that information
real time.
So that's another reason youwill want to be forthcoming,
because the board will find out.
I know with the Texas EducationAgency they get that information
(20:32):
real time.
You have a certificate to teachK through 12 and you've been
arrested.
They get that information realtime and a lot of boards they
also get that information.
So it's just better to abide bythe reporting obligations if
there are any.
Also, too, when it comes downto filing for the initial
(20:54):
application, like with TDLR, ifyou have the opportunity to get
the eligibility letter, do thatbefore filing the application.
But if you don't, just makesure you contact someone like me
, a lawyer, who can navigate youthrough those questions so you
can give the correct answers andgive yourself the best
(21:16):
opportunity to obtain thatlicense.
Speaker 1 (21:18):
So it really sounds like you know.
The best approach is just to betotally honest and ask for help
if you need it.
Make sure that you understandthe process that you're entering
into and what each you know.
If there's a word that youdon't know what it means ask for
help, I think that's really abig, big piece is.
There's a lot of legal jargon,misconceptions, and you, as a
(21:41):
applicant or as a license holder, will want to make sure that
you totally understand that.
And if you don't reach out tolike Luana said, an experienced
attorney just like her, whodeals with these types of cases
day in and day out, luana, forsomeone who's listening right
now and is worried that a pastmisdemeanor might affect their
career and is worried that apast misdemeanor- might affect
(22:05):
their career.
Speaker 2 (22:05):
What would be your advice to them?
The first thing you should dois probably contact an attorney
so they can navigate you throughit.
But before you even contact anattorney, you can even probably
reach out to the board and tothe licensing department and get
some information on whatthey're looking for.
(22:25):
I know for my clients I've beentold by boards when in doubt,
disclose.
So if you have any doubts,definitely err on the side of
caution and disclose anddisclose.
But if you don't understandsomething, if by reading the
application it's just tooconfusing.
(22:52):
I'm just going to go back to myinitial advice Call an attorney
so they can walk you through theapplication process, because
attorneys have more informationthan just the four corners of
that application.
They understand the processesand what these boards are
looking for in terms of ananswer so they can really
navigate through, so you canhave the best opportunity to
(23:13):
obtain that license.
Speaker 1 (23:16):
Yeah, that's great advice.
So consulting an attorney,knowing the specific policies,
like we had mentioned a littlebit earlier, kind of being
prepared with those goodreferences and, you know,
demonstrating that change andgood character can really help
strengthen a case.
Thank you so much for beinghere with us this afternoon and
(23:37):
it's been a really insightfuldiscussion.
I think our viewers have a lotof good takeaways.
Speaker 2 (23:43):
Oh, thank you for having me, and I hope that I've
said something that would stir alicense holder in the right
direction.
Speaker 1 (23:52):
Absolutely, and thank you.
I mean we mentioned some reallygreat resources too.
I kind of want to circle backon that for just a moment.
That you can check out theseagency websites.
They have these lists ofinfract.
That you can check out theseagency websites they have these,
(24:20):
you know.
Submit a preliminary report orget some information before you
go and you fill out thatapplication.
Absolutely try and takeadvantage of that resource.
For those listening, pleaseremember a misdemeanor does not
have to be the end of yourcareer, but how you handle it
can really make all thedifference.
If you're facing a licensingissue and you need guidance,
(24:43):
please consult with an attorneyto learn about your options.
Be sure to subscribe to Knowyour Regulator for more episodes
like this, where we break downthe legal and regulatory
challenges that professionalsface, and until next time, stay
inspired and continue engagingwith your regulatory agency.
Thanks, lj.
Speaker 2 (25:02):
Thank you.
Thank you for having me.
Speaker 1 (25:05):
Know your Regulator.
The podcast that inspires youto engage.
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