The Double Whammy of a criminal conviction

21 06 2010

 

Ways that a criminal conviction can cost you your license

If you are convicted of a crime, jail time or a fine is not all you have to worry about. The state may be able to revoke your professional license too. And the state’s power to do so got stronger in 2009 when the Legislature amended the law.

For most professions, before 2009 the state could revoke a license (or deny the application for one) only if the professional were convicted of an offense that directly related to the duties and responsibilities of the profession. So, for example, the board of accountancy could revoke the license of an accountant for conviction of fraud but probably not for the driving under the influence of alcohol.

Now, however, state agencies have more power. They may revoke (or deny) for conviction of an offense that does not directly relate to the duties and responsibilities of the profession if the offense was committed fewer than five years before the person applied for a license.

Sometimes the state must revoke the license

In the circumstances set forth above, state agencies have discretion to revoke. That is, they can do so if they see fit, but they do not have to do so. But there are other circumstances in which a state agency does not have discretion and must revoke a license. Specifically, the state must revoke in the following circumstances:

• imprisonment following a felony conviction

• felony community service revocation

• revocation of parole; or

• revocation of mandatory supervision

And some professions are governed by different rules altogether

These guidelines apply to most professionals in Texas. But they do not necessarily apply to persons who provide law enforcement or public health, education, or safety services. Generally speaking, those persons are held to even higher standards of conduct. For them, revocation (and denial) is controlled by the specific laws governing their professions.

Advertisements

Actions

Information

One response

22 06 2010
Brad Closson

Great post David. You are smart and witty. It must be good to be you.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




%d bloggers like this: