If you’re a licensed professional in Nebraska who was charged with a felony, you could lose your license on top of any criminal penalties you face. Most of the nearly 200 Nebraska professions that require a state license are managed by licensing organizations that can suspend or revoke a license on the grounds of unprofessional conduct, including felony convictions or even convictions of violent misdemeanors in some cases.
There is no overarching statute that prescribes administrative action against licensure in the event of a criminal conviction in Nebraska. Instead, different licensure penalties are addressed in many individual statutes depending on the conviction.
The law requires licensed professionals to report their conduct to their professional licensing board. Loss of a professional license can be devastating to your career, future, and reputation. Thus, you need an experienced professional license defense attorney to help you 1) fight the criminal charges you face to avoid conviction, and 2) advocate on your behalf before any licensing boards to mitigate the potential licensure consequences you may incur.
What Rights Do Employers Have Regarding My Criminal History?
Private employers have a legal right to ask about your criminal record on job application forms. However, public employers cannot ask about criminal history on job applications, due in part to the “Ban the Box” law.
This law became effective in 2014, and it prohibits public employers from having a checkbox on their application forms asking whether the applicant was convicted of a major crime. This includes all state and federal government jobs, and Omaha Mayor Jean Stothert took steps to do the same for city government jobs.
However, criminal records are easy to find online.
What Does Nebraska Law Say About Felonies and Professional Licensing?
State and federal laws apply in cases of professional licensure. There are two federal laws that deal with the disciplining of individuals who hold professional licenses:
- The Uniform Regulation of Business and Professions Act
- The Regulation of Health Professionals-Uniform Disciplinary Act
Under these acts, the “commission of any act involving moral turpitude, dishonesty, or corruption” that relates to the person’s profession or business operations constitutes “unprofessional conduct,” whether the act constitutes a crime or not.
Under Nebraska state law, a professional license can be revoked for “any departure from or failure to conform to the standards of acceptable and prevailing practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured.” This means that any action construed as “unprofessional conduct” can lead to licensure being revoked. This means you may need to contact a Nebraska professional license defense attorney.
What Is Good Moral Character?
But it’s not exactly the law that puts professional licensure at risk. Many Nebraska licensed professions, while not specifically banning convicted felons – or even people whose charges didn’t result in conviction – require license applicants to be of good moral character. The U.S. Supreme Court ruled that standards such as “moral turpitude” or “being of good moral character” have the potential to lead to a dangerous instrument for arbitrary and discriminatory denial of professional licenses.
What If You Have a Criminal Record and You Want to Apply for a Professional License in Nebraska?
If you have a criminal history, your application can be denied, or your existing license can be suspended or revoked. Meaning you may not be able to perform the occupation you studied, trained, and pursued.
It is important to understand that there are many professionals – not only medical professionals and teachers – who are at risk of professional license loss. This list from the ACLU is not exhaustive but gives a range of examples of occupations who can have a license revoked with a criminal conviction, and the particular statute that would impact the profession. Along with doctors, nurses, and schoolteachers, other licensed professionals in Nebraska include:
- Accountants
- Architects
- Engineers
- Lawyers
- Chiropractors
- Pharmacists
- Dentists
- Funeral directors
- Veterinarians
- Occupational therapists
- Asbestos removal personnel
- Tattoo artists and body piercers
Virtually any type of professional license can be jeopardized by a felony conviction, and you must enlist the counsel of an experienced Nebraska professional license defense attorney regardless of your career if you feel your professional license is at risk.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Which Felony Offenses Most Likely Lead to a Loss of Professional License?
Penalties for serious felony convictions require revocation of certain categories of professional licenses. Examples of serious felonies include:
- Sex crimes
- Domestic violence
- Assault and aggravated assault
- Murder and homicide
- Drug offenses
- Weapons violations
If you’re convicted of one of these crimes, you will lose not only that license, but also other basic rights of citizenship such as the right to vote, and you will serve prison time.
Can a Professional License Be Restored?
For some felony convictions, license revocation is for life. For others, a license may be suspended. In rare cases, a person may be pardoned, restoring civil rights lost due to a felony conviction or expunging their criminal record – thus restoring the license.
The Consequences of Non-Disclosure
Keep in mind that even if your employer doesn’t require you to divulge whether you’ve been convicted of a felony in the application process, you must report any felony convictions to your state licensing board as soon as possible.
If you fail to disclose your conviction, either on your license application or after you received your license, you could face additional charges for perjury for instance. You will also likely receive a denial of your application or revocation of your professional license.
It’s important to be open and honest about your conviction and provide detailed information regarding the nature of the offense, the charges you were convicted of, and the penalties you received. It also helps to show any attempts you made toward rehabilitation, such as participating in diversion programs or professional counseling.
How Does a No Contest Plea Affect a Professional License?
If you pleaded no contest or nolo contendere to a crime, it means you are not accepting blame for the crime but you agree to accept the punishment because the weight of evidence against you is likely sufficient enough to render a guilty verdict at trial.
However, most professional licensing boards do not regard a no-contest plea and a guilty plea any differently. In many cases, you will relinquish all rights just as if you pleaded guilty and face the same harsh repercussions from the licensing board.
How Can I Protect My Professional License After a Criminal Conviction?
Since you invested so much into getting your professional license and rely on it for your livelihood and career, you want to do all you can to protect it. As mentioned, you may submit evidence and documentation that you’ve taken steps toward rehabilitation or mitigating the circumstances that led to your arrest and conviction in the first place.
You should comply with all disciplinary actions your licensing board takes against you, as not doing so will show the board you have no desire to do what is necessary to reinstate your license or prevent further occurrences of the offending behavior. You may submit testimony from your professional peers and colleagues, employer, and others to attest to the changes you have made or are making toward rehabilitation. Testimony may also provide evidence of your good moral character.
The most important step you can take to help defend yourself and protect your professional license is to retain legal counsel with experience in both criminal defense and professional license defense.
Getting help from a Nebraska Professional License Defense Attorney
Criminal and administrative charges create a two-pronged threat that may require assistance from an experienced professional licensing and criminal defense attorney. The criminal defense attorneys at Berry Law are experienced in addressing loss of professional license and defending criminal cases.
If you or someone you know is facing a threat to their professional licensure, contact Berry Law as soon as possible. We will review your case, advise you of your options, and devise a comprehensive strategy aimed at helping you obtain favorable results regarding both your criminal conviction as well as your professional licensure issues.
