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