If you find yourself embroiled in the Florida criminal justice system, you will be dealing with the stress and confusion that comes with defending yourself. But is it over when the case is closed? Whether you accept a plea deal for no jail time, or the conviction is for a misdemeanor with fines and community service attached, licensed or certified professionals must report the outcome to your licensing board or the Department of Business and Professional Regulation (DBPR).
Brushing this DBPR requirement off is a mistake. Your actions can lead to administrative sanctions that, in the worst case, means your license is terminated. You may not even be aware of the requirement if you worked with a criminal defense attorney unfamiliar with your professional licensing reporting duties. Our defense attorneys are familiar with them. If you need help refuting criminal charges in court and then reporting them to the DBPR or assistance after a failure to report a conviction or plea in Winter Garden, call us now.
Generally, professional license holders must inform their oversight boards or the DBPR if they have been convicted of a misdemeanor or felony, plead guilty, or no contest to one, within 30 days. Florida Statute § 455.227 informs licensees about this duty, and the report is due whether the outcome is a conviction, plea, adjudication, or finding of guilt.
The Florida Administrative Code Rule 6A-10.081 holds education professionals, particularly licensed teachers, to a different standard, requiring they report to the Florida Department of Education within 48 hours any arrest or charges for abusing a child or for possessing or selling a controlled substance, although this special report is not an admission of guilt and will not be used against them. Failure to report a criminal conviction or plea bargain in a Winter Garden criminal case exacerbates your problems within the justice system.
The penalties for failing to report a conviction or plea to the appropriate licensing board depend on several factors, but can include fines, suspension, and revocation of your license. Much rests on the type of crime, the sector in which you work, and if the admission is for a first or recurring offense. A licensed electrician’s first-offense DUI conviction will be regarded as less serious than an accountant who embezzles money from clients and then launders it. Because embezzlement is related to the financial sector, the accountant’s license will undoubtedly be permanently revoked while the electrician may be ordered to pay a fine.
Teachers will most likely lose their licenses permanently for convictions of crimes against children or felony drug charges. Police officers can lose their pensions and lose their licenses for committing most felonies since any crime directly relates to their profession.
The Florida Real Estate Commission commonly levies an administrative fine of between $250 to $1,000 for a first offense but can also suspend or revoke a realtor’s license depending on the crime. A subsequent offense usually brings a fine of between $1,000 and $5,000 with the possibility of license suspension or revocation. To discuss how a failure to report a conviction or plea might affect you, call our defense team now.
License boards may receive complaints, or they may conduct random searches and find your name in a criminal database, cross-checking to learn if you reported the conviction or plea deal.
As an example, if you are a licensed nurse who fails to report your conviction for marijuana possession, you will receive a letter explaining that an investigation is open and you have 20 days to submit a written response. Your attorney will request your investigative file to review before drafting the response letter on your behalf. If the Board determines you have unreported convictions, the investigation continues and your attorney will intercede to defend you, seeking the best outcome. Call our Winter Garden team now if failure to report a conviction or plea is complicating your professional life.
If you are a working professional, you must abide by your licensing board rules, one of which requires you to report criminal convictions, and in the case of teachers, arrests for certain crimes. It is an easily overlooked duty that you may not even realize you have if you have agreed to a plea deal for a minor infraction.
We are criminal defense attorneys who also understand the professional licensing requirements for each Florida Board the DBPR oversees. We can defend you against criminal charges and ensure there is no failure to report a conviction or plea in Winter Garden. Call now to learn how we can assist you.
The Umansky Law Firm Criminal Defense & Injury Attorneys