Professional License After Arrest: What You Need to Know Right Now

Professional License After Arrest: What You Need to Know Right Now

If you’ve been arrested and hold a professional license, you’re probably panicking right now. Will you lose your career? Do you need to report this immediately? Can they take your license before you’re even convicted of anything?

Here’s what you need to know first: an arrest doesn’t automatically mean you’ll lose your professional license, but what you do in the next 48-72 hours matters more than almost anything else. The single biggest mistake licensed professionals make after an arrest isn’t the arrest itself—it’s failing to report it promptly to their licensing board.

That might sound counterintuitive. Why would you tell the board about something that might hurt your career? Here’s the paradox that catches thousands of professionals every year – your licensing board will almost certainly find out about your arrest within days through automated database checks. When they discover it themselves rather than hearing it from you first, they view it as dishonesty. And dishonesty, in the eyes of most licensing boards, is actually worse than many criminal offenses.

This guide walks you through everything you need to know about protecting your professional license after an arrest, from immediate action steps to understanding the investigation process, and from federal licensing complications to profession-specific considerations. We’ll cover the critical distinction between arrests and convictions, explain what “moral turpitude” actually means, and show you data on why self-reporting significantly improves your outcomes.

Whether you’re a nurse, physician, attorney, CPA, teacher, real estate agent or hold any other professional license, understanding these issues now – while you still have time to act – can be the difference between keeping your career and losing everything you’ve worked for.

Do You Have to Report an Arrest to Your Licensing Board?

The Short Answer

Yes, in most states and for most professions, you’re required to report an arrest to your licensing board – not just convictions. The timeline is usually 30 days from the date of arrest, though some states require reporting within as little as 10 days, and certain professions (particularly attorneys) may require immediate reporting.

The reporting requirement is triggered by the arrest itself. Not by whether charges are filed, not by whether you’re convicted, and not by how serious you think the offense is. If you were taken into custody, booked, and released, that’s typically reportable.

What Counts as “Reportable”

This is where it gets confusing because the answer varies by state and profession. However, these situations generally require reporting:

• Arrests even without charges filed – In most jurisdictions, the arrest itself triggers the reporting requirement, even if the prosecutor never files formal charges
• Dismissed charges – Just because your case was dismissed doesn’t erase the reporting obligation. The arrest still happened and most states still require disclosure
• Deferred adjudication – When you complete a program in exchange for dismissal, that’s still reportable in most states
• Expunged or sealed arrests – This is a critical point many professionals miss. Even though state law may prohibit employers from asking about expunged arrests, licensing boards are usually exempt from this restriction. Your board application will often ask “have you ever been arrested, including arrests that were expunged or sealed?”
• Citations vs. arrests – Traffic citations typically aren’t reportable unless they rise to criminal level (like DUI). But the line between citation and arrest isn’t always clear

The safest approach? If you’re not certain whether something is reportable, consult with a licensing defense attorney before making the decision. The cost of a consultation is far less than the cost of a disciplinary proceeding for failure to disclose.

Profession-Specific Reporting Rules

Different professions have different standards and timelines. Here’s a general overview, but you must check your specific state’s requirements:

Notice that teachers often have the shortest reporting timeline – as little as 48 hours in some states. This is because school districts have their own reporting requirements separate from state certification agencies, and the regulations around minors create heightened scrutiny.

State Variance: Emergency Suspension Powers

Eight states have particularly aggressive emergency suspension powers that allow licensing boards to immediately suspend your license upon arrest for certain offenses, without a hearing. These states include California, Texas, Florida, New York, Illinois, Ohio, Pennsylvania, and Michigan.

Emergency suspension is typically reserved for arrests involving:

• Patient or client abuse
• Drug diversion (stealing medications)
• Sexual misconduct with patients/clients
• Violent felonies
• Crimes against vulnerable populations (children, elderly)

If you practice in one of these states and your arrest falls into these categories, you could receive a suspension notice within days of your arrest—before you’ve even had time to consult with an attorney or file a self-report.

Compact Licensing Complications

If you hold a compact license (common for nurses and physicians), an arrest in one state affects your license in all compact member states. The Nurse Licensure Compact (NLC) currently includes 34 states, meaning a nurse arrested in Florida could face investigation not just by the Florida Board of Nursing but potential discipline in all 34 compact states.

This creates a cascading effect where one arrest triggers multiple state investigations, each with their own reporting requirements, timelines, and standards. Many professionals don’t realize the scope of their reporting obligations until they’re already in violation.

Federal Licensing: The Career Killer Nobody Talks About

Most discussions about professional licensing focus on state boards – the state medical board, state bar association, state nursing board, etc. But there’s an entire layer of federal licensing that operates with stricter standards, less discretion, and often harsher consequences than state boards. And most professionals don’t even realize they’re subject to federal licensing until it’s too late.

When State Licenses Aren’t Enough

Certain professions require both state and federal licenses or certifications. You might keep your state license after an arrest only to discover that you’ve lost the federal credential you need to actually practice your profession. This is particularly devastating because federal agencies typically have mandatory disqualification standards with zero discretion, while state boards usually conduct individualized assessments.

High-Risk Federal Licensing Contexts

FAA Medical Certification (Pilots, Air Traffic Controllers, Aviation Medical Examiners)

The Federal Aviation Administration has some of the strictest character standards of any licensing body. If you’re a pilot, you need an FAA medical certificate to fly. Any arrest related to drugs or alcohol must be reported to the FAA within 60 days on your MedXPress application.

Here’s where it gets brutal: the FAA has zero tolerance for certain arrests. A drug trafficking arrest—even if the charges are later dismissed—typically results in automatic denial of medical certification. DUI arrests trigger immediate review and often suspension of flying privileges. Unlike state boards that might consider rehabilitation and context, the FAA applies bright-line rules.

This affects more people than you might think – not just airline pilots but also:

• Aviation medical examiners (physicians who conduct pilot physicals)
• Corporate pilots
• Flight nurses and medical transport staff
• Air traffic controllers
• Aircraft mechanics (with their own FAA certification issues)

FINRA Securities Licensing (Financial Advisors, Brokers)

If you’re a financial advisor, stockbroker, or investment professional, you likely hold licenses administered through FINRA (Financial Industry Regulatory Authority). This includes Series 7, Series 63, Series 65, and various other securities licenses.

FINRA maintains a concept called “statutory disqualification” that creates permanent bars for certain criminal offenses. Arrests for fraud, theft, embezzlement or financial crimes trigger mandatory disclosure on your Form U4, which is publicly available and seen by every current and prospective employer.

Even if your state board of accountancy or state insurance commission doesn’t discipline you, FINRA can (and often does) terminate your securities licenses. Since most financial advisors need both state insurance licenses AND FINRA securities licenses to serve clients effectively, losing the FINRA license often ends your career even if you keep your state credentials.

DOJ EOIR Immigration Attorney Accreditation

Attorneys who practice immigration law before federal immigration courts (EOIR – Executive Office for Immigration Review) must be accredited by the Department of Justice in addition to their state bar license. The DOJ applies federal character and fitness standards that are often stricter than state bars.

An attorney could be in good standing with their state bar but lose DOJ accreditation over the same arrest, effectively ending their immigration law practice. Crimes involving moral turpitude are particularly problematic in this context because immigration law itself revolves around moral turpitude determinations.

DEA Registration (Prescribers: Physicians, Dentists, NPs, PAs)

This is the federal license that catches the most healthcare professionals off guard. If you prescribe controlled substances – pain medications, ADHD medications, anxiety medications, etc. – you need a DEA (Drug Enforcement Administration) registration. This is separate from your state medical license.

An arrest related to controlled substances, even tangentially, triggers DEA investigation. And here’s the devastating part: you can keep your state medical license but lose your DEA registration, which means you can’t prescribe scheduled medications. For most physicians, nurse practitioners, physician assistants and dentists, this effectively ends their ability to practice in most clinical settings.

Emergency medicine, family medicine, internal medicine, pain management, psychiatry, and many surgical specialties are virtually impossible to practice without DEA registration. You’re licensed but unemployable.

Security Clearances (Federal Contractors, Government Employees)

While not technically a professional license, security clearances function like one for millions of Americans working in defense, intelligence, technology, and government contracting. Any arrest must be reported immediately, and failure to self-report is grounds for automatic clearance denial.

The security clearance adjudication process investigates the underlying conduct, not just the criminal case outcome. An arrest that results in dismissed charges or acquittal can still result in security clearance denial if the conduct suggests questionable judgment, untrustworthiness, or susceptibility to coercion.

For professionals in cybersecurity, defense contracting, intelligence analysis and related fields, loss of security clearance means immediate termination and industry-wide unemployability.

The Double Jeopardy Problem

The term “double jeopardy” has a specific legal meaning in criminal law, but professionals facing licensing consequences experience a different kind of double jeopardy: your state board might be lenient, but federal agencies might not.

Example: A nurse is arrested for DUI. The state board of nursing investigates, accepts her completion of alcohol counseling, and closes the case with no discipline. She keeps her RN license. But she works in acute hospital care, which requires DEA registration for medication access. The DEA reviews the same arrest and suspends her registration. She’s licensed but can’t work in the hospital setting where her entire career has been built. She has the credential but lost the career.

Or consider a pilot who is also a physician (not uncommon – many physicians fly as a hobby or for medical transport). An arrest might be handled leniently by the state medical board but result in immediate FAA medical certificate denial. The physician can still practice medicine but loses flying privileges, which might include loss of a medical transport position or aviation medical examiner income.

This is why professionals in fields with dual state-federal licensing need attorneys who understand both systems and can coordinate defense strategies accordingly.

The First 48 Hours: Your Immediate Action Plan

The hours immediately following an arrest are chaotic, frightening and overwhelming. Your mind is racing, you’re trying to figure out bail, you might be dealing with family members who are upset or scared, and you’re probably in shock that this is even happening to you.

But for licensed professionals, these first 48 hours are absolutely critical. The actions you take—or fail to take—right now will shape the outcome of both your criminal case and your licensing situation. Here’s what you need to do, hour by hour.

Hour 0-24: Immediate Documentation and Damage Control

As soon as you’re released from custody, before you do anything else, start documenting. Your memory of events is freshest right now, and details you think you’ll never forget will fade within days.

Immediate documentation checklist:

• Obtain copies of all booking records and the arrest report. Many jurisdictions make these available online within 24 hours. If not available online, call the police department or jail to request copies
• Document the timeline of events: what time did the encounter begin, what was said, who was present, what happened step by step
• If there were any injuries to you or anyone else, photograph them immediately. Take photos from multiple angles, with and without flash, against a neutral background
• Write down the names and badge numbers of all officers involved if you remember them
• If there were witnesses, write down their names and contact information while you remember
• Create a detailed written account of everything you remember, labeled “ATTORNEY-CLIENT PRIVILEGED MEMO” at the top (you’ll share this with your attorney, and the label helps protect it from disclosure)
• Get copies of your bail conditions in writing. These matter for licensing purposes

What NOT to do in the first 24 hours:

• Do NOT post anything on social media – not about the arrest, not about your mood, not photos of you out with friends. Licensing boards and prosecutors monitor social media. A photo of you at a bar the day after a DUI arrest will be used against you
• Do NOT call your boss or send emails to colleagues yet – you need to talk to an attorney first about how to handle employer notification. Panicked, emotional disclosures often make things worse
• Do NOT give statements to anyone – friends, family, and colleagues will want to know what happened. Say as little as possible. “I’m dealing with a legal matter and can’t discuss it” is sufficient. Anything you say can make its way to investigators
• Do NOT try to contact the alleged victim or witnesses – this can lead to additional charges for witness tampering or violating bail conditions

Hour 24-48: Professional Notifications and Attorney Engagement

Once you’ve documented everything and had a chance to process what happened, it’s time to start protecting your professional life. This requires strategic thinking about who to tell, what to tell them and when.

The Two-Lawyer Problem

Here’s something most people don’t realize until they’re in the middle of it: if you’re a licensed professional facing criminal charges, you need two different attorneys – a criminal defense attorney AND a licensing defense attorney. These are different specialties with different expertise, and they need to coordinate their strategies.

Why you can’t rely on just a criminal attorney:

Criminal defense attorneys are focused on one thing: getting the best outcome in your criminal case. That might mean advising you to exercise your 5th Amendment right to remain silent, delay proceedings, avoid making statements, or pursue strategies that make perfect sense in criminal court but are disastrous for licensing.

For example, a criminal attorney might advise you to plead the 5th Amendment if your licensing board requests an interview. From a criminal defense standpoint, this is sound advice – don’t give prosecutors ammunition. But from a licensing standpoint, refusing to cooperate with a board investigation is often viewed as evidence of lack of candor, which can result in license suspension even if your criminal charges are eventually dismissed.

Or your criminal attorney might recommend delaying your case for 12-18 months to see if the prosecutor’s memory fades or witnesses become unavailable. Good criminal strategy. But your licensing board expects prompt resolution and views delays as problematic. Some boards will initiate discipline based solely on pending charges that remain unresolved for extended periods.

What licensing defense attorneys do differently:

Licensing defense attorneys practice administrative law. They understand board procedures, know the board members and staff, understand what types of dispositions boards view favorably, and can navigate the coordination between your criminal case and licensing investigation.

They can help your criminal attorney understand that certain plea bargains are better for licensing purposes (deferred adjudication is board-friendly, while pleading to certain charges creates automatic disqualification triggers). They can communicate with your board on your behalf, submit self-reports that are strategically worded, and negotiate consent agreements that minimize career impact.

Cost considerations:

Yes, hiring two attorneys is expensive. Criminal defense for misdemeanor charges might cost $5,000-$15,000. Felony defense can be $15,000-$50,000 or more. Licensing defense adds another $5,000-$30,000 depending on complexity.

But consider the alternative: your professional license represents hundreds of thousands or millions of dollars in lifetime earning potential. A nurse making $75,000/year over a 30-year career earns $2.25 million. A physician making $250,000/year earns $7.5 million over 30 years. Spending $20,000-$40,000 to protect that isn’t extravagant—it’s rational risk management.

Many attorneys offer payment plans. Some accept credit cards. Legal financing companies exist specifically for this situation. Your professional liability insurance might cover some defense costs (though probably not for criminal matters).

Decision Tree: Who to Notify and When

Within 48 hours of your arrest, you need to make strategic decisions about notifications. Here’s the priority order:

1. Criminal defense attorney (Hour 1)
This is your first call, ideally before you’re even released from custody. If you can’t afford a private attorney, request a public defender at your first appearance.

2. Licensing defense attorney (Hour 24-48)
As soon as possible after release, consult with an attorney who specializes in professional licensing. Even if you’re not sure you’ll hire them for full representation, a consultation can help you understand your reporting obligations and timeline.

3. Employer notification (depends on employment contract and attorney advice)
DO NOT notify your employer until you’ve consulted with both attorneys. Many professionals panic and immediately disclose to their employer, only to be terminated on the spot even though they might have kept their job with a strategic disclosure.

Check your employment contract for notification requirements. Some contracts require notification of arrests within a specific timeframe. Others don’t mention it at all. If you’re in an at-will employment state (most states), your employer can terminate you for almost any reason, including arrest even without conviction.

Your attorney can help you craft an appropriate disclosure that provides required information without unnecessary detail that could be used against you.

4. Licensing board (calculate your deadline, submit strategically)
Most states require reporting within 30 days but check your specific requirements. Don’t wait until day 29, but also don’t submit a self-report in the first 24 hours when you’re still emotional and don’t have legal guidance.

The ideal timing is usually 7-14 days after arrest – prompt enough to demonstrate good faith, late enough to be strategic and attorney-drafted.

5. Professional liability insurance carrier (check your policy)
Your malpractice or professional liability insurance policy may require notification of criminal arrests, especially if they relate to professional conduct. Check your policy or have your attorney review it.

6. Union or professional association (if applicable)
If you’re a member of a nursing union, teachers union or professional association that offers legal support, contact them. Many provide legal defense benefits or attorney referrals.

What Happens Next

Once you’ve completed these immediate action steps, you’ll shift into waiting mode. Criminal cases typically take months to resolve. Licensing investigations often take even longer – 6 months to 2 years is common.

During this time:

• Continue working if you’re able (unless you’ve been suspended)
• Comply with all bail conditions meticulously
• Document everything related to rehabilitation efforts (counseling, treatment, classes)
• Stay off social media or be extremely cautious
• Keep your attorneys updated on any developments
• Prepare financially for potential income loss

The first 48 hours set the trajectory. If you handle them well – document everything, engage qualified attorneys, make strategic notifications – you maximize your chances of preserving both your freedom and your career.

What Your Licensing Board Will Do (Investigation Process)

Understanding how licensing boards operate can reduce some of the anxiety you’re feeling. The investigation process is slow, bureaucratic, and usually more predictable than you might think. Here’s what actually happens behind the scenes.

How Boards Find Out About Arrests

Many professionals assume their licensing board won’t know about an arrest unless they report it. This is dangerously wrong. Boards have multiple ways of discovering arrests, usually within days:

Automated database checks: Most state licensing boards participate in state and national criminal information sharing systems. The most common is NCIC (National Crime Information Center), which is maintained by the FBI. When you’re arrested and booked, your information goes into local, state, and federal databases.

Licensing boards run regular checks against these databases – some monthly, some quarterly, some at license renewal. Many boards now have real-time access to arrest data, meaning they can receive notifications within 24-72 hours of your arrest.

Employer reports: Hospitals, school districts, government agencies, and large employers often have legal obligations to report employee arrests to licensing boards. Your employer might turn you in before you have a chance to self-report.

Law enforcement notifications: Some states have laws requiring law enforcement to notify licensing boards when they arrest a license holder. This is particularly common for nurses, teachers and daycare workers.

Renewal application background checks: Even if your board doesn’t discover your arrest immediately, they’ll run a background check when you renew your license. That’s when many professionals get caught in “failure to disclose” violations – they didn’t report the arrest, then lied on their renewal application by answering “no” to criminal history questions.

Why self-reporting first is strategic: If you report your arrest before the board discovers it through their automated systems, you control the narrative. You demonstrate honesty, cooperation and professionalism. You transform the situation from “we caught you” to “she came forward proactively.”

Data from multiple state nursing boards shows that self-reporters receive significantly lighter discipline – often probation instead of suspension, or letters of concern instead of formal probation. The difference in outcomes is stark enough that self-reporting should be considered mandatory strategy, not optional.

Investigation Triggers and Timelines

Not every arrest triggers a full investigation. Boards have limited resources and can’t investigate every license holder who gets a speeding ticket. Here’s generally what triggers different levels of response:

No action:

• Minor traffic offenses (unless DUI)
• First-time misdemeanors unrelated to profession (trespassing, disorderly conduct)
• Arrests where charges aren’t filed
• Offenses that don’t involve moral turpitude

File notation (tracked but no investigation):

• Single DUI arrest, first offense
• Minor drug possession, first offense
• Domestic disturbance without violence

Informal investigation (letter requesting explanation):

• Second DUI or repeated alcohol-related offenses
• Theft or fraud charges (even if misdemeanor)
• Drug charges beyond simple possession
• Any violence

Formal investigation (subpoenas, interviews, hearings):

• Felony charges
• Crimes involving moral turpitude
• Professional misconduct (billing fraud, sexual boundary violations)
• Crimes against vulnerable populations
• Drug diversion

Emergency suspension (immediate action):

• Patient/client abuse or sexual misconduct
• Drug diversion from workplace
• Violent felonies
• Crimes creating immediate public safety risk

The timeline for investigation typically follows this pattern:

Day 0: Arrest occurs
Day 1-3: Arrest information enters databases
Day 3-7: Licensing board receives notification (automated system or self-report)
Day 14-30: Board opens investigation file
Day 30-60: Board sends “Request for Response” letter asking for explanation
Day 60-90: License holder (usually through attorney) submits written response
Months 3-6: Board investigates – may include interviews, subpoena of records, employer contact
Months 6-12: Board makes initial determination – dismiss, informal resolution or formal charges
Months 12-24: If formal charges, scheduling and conducting administrative hearing
Months 18-36: Final order issued

This timeline can be compressed or extended significantly depending on the severity of the offense, cooperation level and board backlog. Emergency suspensions can happen within days. Complex cases can take 3-5 years to fully resolve.

Types of Board Actions

If the board determines discipline is warranted, they have several options. Understanding the range of possibilities helps you calibrate expectations:

No action / Dismissal: The board investigates and determines no discipline is warranted. This is more common than you might think, particularly for first-time minor offenses where the license holder self-reported, cooperated and showed remorse.

Letter of concern (non-disciplinary): The board sends a letter expressing concern about the conduct but doesn’t impose formal discipline. This usually isn’t publicly reported and doesn’t go on your permanent record, but it stays in your file and can be referenced if future issues arise.

Probation: You keep your license but practice under restrictions for a specified period (typically 1-5 years). Conditions might include:

• Regular drug/alcohol testing
• Counseling or treatment
• Practice monitoring or supervision
• Continuing education
• Quarterly reports to the board
• Restriction on prescribing controlled substances (for prescribers)

Probation is public in most states, meaning it appears on license lookups and must be disclosed to employers.

Suspension: Your license is suspended for a defined period (commonly 30 days to 2 years). You cannot practice during suspension. Suspension is always public.

Suspensions can be:

• Stayed – meaning the suspension is ordered but not implemented if you comply with probation conditions
• Immediate – you must stop practicing immediately
• Delayed – scheduled to begin on a future date, giving you time to wrap up patient care or make arrangements

Revocation: Your license is permanently revoked. In most states, you can petition for reinstatement after a certain period (often 3-5 years), but there’s no guarantee it will be granted. Revocation is always public and is the most serious discipline short of permanent bar.

Permanent bar: Some states have provisions for permanent prohibition from licensure for the most serious offenses (typically sexual crimes against patients or egregious fraud). This is rare.

Consent agreement/Stipulated settlement: Instead of going through a full hearing, you and the board negotiate an agreed-upon resolution. This is extremely common – probably 70-80% of cases resolve this way. Consent agreements typically involve some combination of probation, fines, continuing education and practice restrictions.

The advantage of consent agreements is predictability and control. You know exactly what the discipline will be. The disadvantage is you’re accepting some level of discipline rather than fighting for complete dismissal.

Can You Practice While Your Case Is Pending?

This is one of the most pressing questions for professionals facing both criminal charges and licensing investigations. The answer is usually yes, with important exceptions.

General rule: In most states, you can continue practicing while criminal charges are pending and while a licensing investigation is ongoing. Your license remains active until and unless the board takes formal disciplinary action.

Emergency suspension exception: As discussed earlier, eight states (California, Texas, Florida, New York, Illinois, Ohio, Pennsylvania, Michigan) have emergency suspension authority that allows boards to immediately suspend licenses without a hearing for certain serious offenses.

Emergency suspension is reserved for situations where public safety is at immediate risk:

• Sexual misconduct with patients/clients
• Physical abuse of patients/clients
• Drug diversion from workplace
• Violent felonies
• Practicing while impaired

If you receive an emergency suspension notice, you typically have the right to a hearing within 30-60 days, but you cannot practice in the meantime.

Employer credentialing holds: Here’s the trap that catches many professionals. Your license might remain active, but your employer’s credentialing committee might suspend your privileges immediately.

Hospitals have medical staff bylaws that are independent of state licensing. A physician might keep their medical license but lose hospital privileges, making it impossible to practice. A nurse might keep their RN license but be terminated by their employer, and pending charges make finding another job extremely difficult.

This is why we talked earlier about the “three-level threat” – board, employer and insurance. All three must align for you to actually work, not just hold a license.

The Individualized Assessment Standard

Most states now require licensing boards to conduct “individualized assessments” rather than automatic disqualifications based solely on conviction type. This is good news for license holders because it means boards must consider context, not just apply blanket rules.

In an individualized assessment, boards must evaluate:

1. Nature and gravity of the crime: Was it a violent crime or a regulatory violation? Did it involve dishonesty? Was anyone harmed? How does it relate to your profession?

2. Time passage since the offense: Did this happen last week or 10 years ago? Have you maintained a clean record since?

3. Nature of the position sought or held: Does your work involve vulnerable populations? Do you have access to drugs, money or confidential information? Does the crime relate directly to your job duties?

4. Evidence of rehabilitation: Have you completed treatment, counseling or education? Do you have letters of support? Have you taken responsibility and shown remorse?

5. Accuracy and candor in disclosure: Did you self-report promptly and honestly? Have you been cooperative with the investigation? This factor often weighs most heavily.

Understanding the individualized assessment framework helps you build your defense strategically. You can’t change the nature of the crime but you can control rehabilitation efforts, quality of disclosure and demonstration of accountability.

Start documenting rehabilitation immediately:

• Enroll in counseling (substance abuse, anger management, mental health – whatever is relevant)
• Complete any pretrial diversion or court-ordered programs
• Obtain letters of reference from supervisors, colleagues and community members
• Maintain exemplary work performance and document it
• If appropriate for your situation, engage in community service
• Keep records of everything – attendance sheets, completion certificates, correspondence

The board’s individualized assessment happens months or years after your arrest. The narrative you create through rehabilitation efforts during that time can be the difference between keeping and losing your license.

Arrest vs. Conviction: Why the Distinction Matters

One of the most common misconceptions among licensed professionals is that arrests without convictions don’t matter. “I wasn’t convicted, so it won’t affect my license” is something attorneys hear regularly. It’s dangerously wrong.

The Legal Standard Difference

In criminal court, the prosecution must prove guilt “beyond a reasonable doubt” – a very high standard. If there’s any reasonable doubt about whether you committed the crime, you should be acquitted. This is why criminal cases are hard for prosecutors to win and why many charges get dismissed or reduced through plea bargaining.

Licensing boards operate under a completely different standard: “preponderance of the evidence,” which means more likely than not – basically 51%. If the board thinks it’s more likely than not that the alleged conduct occurred, they can discipline you. This is the same standard used in civil court and it’s dramatically easier to meet than reasonable doubt.

This means your licensing board can look at exactly the same facts that resulted in your criminal charges being dismissed and reach the opposite conclusion. The prosecutor couldn’t prove your guilt beyond reasonable doubt, but the board doesn’t have to. They only need to think it probably happened.

Let’s look at a practical example: You’re a nurse accused of stealing medication from your workplace. The prosecutor reviews the case and determines the evidence is circumstantial – no video, no direct witnesses, just missing meds and opportunity. They decline to prosecute or dismiss charges after they’re filed. You breathe a sigh of relief, thinking you’re in the clear.

But the nursing board reviews the same evidence – the medication discrepancy reports, your shift schedules, witness statements about your behavior – and decides it’s more likely than not that you did take the medication. They suspend your license for a year. You weren’t convicted of any crime but your career is still devastated.

Case Dispositions and Licensing Outcomes

Different criminal case outcomes have dramatically different implications for your license. Understanding this helps you work with your criminal attorney to pursue board-friendly resolutions. Here’s a general hierarchy from best to worst outcomes:

Board-Friendly Criminal Case Resolutions

When you’re discussing plea options with your criminal defense attorney, you need to consider licensing implications. Here are the dispositions that licensing boards tend to view most favorably:

Pretrial diversion programs: These are formal programs (often called deferred prosecution) where you complete counseling, community service, restitution or other requirements in exchange for dismissal of charges. You typically don’t enter a plea, so there’s no conviction.

Boards love pretrial diversion because it shows:

• You took responsibility (you had to admit the conduct to enter the program)
• You completed rehabilitation
• The prosecutor and court believed you deserved a second chance
• The case is fully resolved (no lingering uncertainty)

Statistical analysis shows that professionals who complete pretrial diversion receive dramatically lighter discipline than those with convictions or even those whose cases are dismissed without diversion. If your criminal attorney can negotiate diversion, push for it even if you think you could win at trial.

Specialty courts: Drug court, veterans court, mental health court and DUI court are specialized programs that combine intensive supervision with treatment. They’re rigorous – often more demanding than regular probation – but result in dismissal if completed successfully.

Licensing boards view specialty court completion very favorably because it demonstrates commitment to addressing underlying issues. A nurse who completes drug court and maintains sobriety is a much better candidate for license retention than one who simply has charges dismissed on technical grounds.

Deferred adjudication: In deferred adjudication (called different things in different states – deferred sentence, suspended imposition of sentence, etc.), you plead guilty or no contest, but the judge doesn’t enter a judgment of conviction. Instead, you’re placed on probation. If you successfully complete probation, the case is dismissed. If you violate probation, the judge can enter the conviction and sentence you.

This is tricky for licensing purposes because you did admit to the conduct, which boards can consider. But successful completion shows rehabilitation. The key is getting the deferred adjudication on your first offense for a relatively minor charge – that’s when boards are most lenient.

What to ask your criminal attorney: Many criminal defense attorneys don’t think about licensing consequences unless you specifically raise it. When discussing plea options, ask:

• “Is pretrial diversion available for this charge?”
• “Would I qualify for drug court/veterans court/mental health court?”
• “If I take this plea deal, how will it affect my professional license?”
• “Can we negotiate language in the plea agreement that’s less harmful for licensing purposes?”
• “Should I consult with a licensing defense attorney before accepting this offer?”

A good criminal attorney will appreciate these questions because they show you’re thinking strategically about your long-term interests, not just the immediate criminal case.

The Acquittal Paradox

You’d think being found not guilty would protect your license. It often doesn’t. This is the acquittal paradox – you can win your criminal trial and still lose your professional license.

Here’s why: Criminal juries must be unanimous and must find guilt beyond reasonable doubt. If even one juror has reasonable doubt, you’re acquitted. But the licensing board isn’t bound by that verdict. They can review the same evidence and reach a different conclusion using their lower standard of proof.

Moreover, rules of evidence are different in criminal trials vs. administrative hearings. Evidence that was excluded from your criminal trial (hearsay, character evidence, prior bad acts) might be admissible in your licensing hearing. The board might hear things the jury never did.

There are documented cases of physicians, nurses and attorneys who were acquitted of criminal charges but had their licenses suspended or revoked based on the same underlying conduct. The board simply concluded “we believe it happened even though the jury acquitted.”

This seems fundamentally unfair, and many professionals (and their attorneys) are shocked when it happens. But it’s legally permissible because criminal prosecution and licensing discipline serve different purposes. Criminal prosecution punishes wrongdoing and requires high certainty before depriving someone of liberty. Licensing discipline protects the public and requires only reasonable certainty before removing someone’s privilege to practice a regulated profession.

The practical takeaway: Don’t assume acquittal solves your licensing problem. Even if you’re found not guilty, cooperate with your board investigation, provide explanation and demonstrate why you should keep your license. An acquittal is helpful evidence, but it’s not conclusive.

Moral Turpitude: The Undefined Standard That Determines Your Career

If you’re reading licensing statutes or board regulations, you’ll see the phrase “moral turpitude” or “crimes involving moral turpitude” repeatedly. It’s one of the most important concepts in professional licensing, and it’s also one of the most frustratingly vague.

What Is Moral Turpitude?

The classic definition is “conduct contrary to honesty, justice, or good morals” or “an act that is base, vile or depraved and contrary to accepted moral standards.”

That’s not particularly helpful. What’s “base and vile” to one person is understandable human error to another. And moral standards vary dramatically across communities, regions and time periods.

Courts and licensing boards have struggled with this definition for decades. Some states have attempted to create statutory lists of crimes that involve moral turpitude. Others leave it to case-by-case determination. The result is massive inconsistency and unpredictability.

Generally, moral turpitude involves:

• Fraud or dishonesty – lying, cheating, stealing, deceiving
• Intent to harm – you acted deliberately, not accidentally
• Violation of trust – you were in a position of responsibility and abused it
• Depravity or baseness – the conduct offends community standards of decency

What makes this particularly confusing for licensing purposes is that the same crime can be moral turpitude in one context but not another. Theft of a candy bar might not involve moral turpitude if you’re starving and homeless. Theft of a candy bar when you’re a pharmacist working in a hospital involves moral turpitude because it demonstrates dishonesty by a professional who handles valuable medications.

The Gray Zone Crimes

Some crimes clearly involve moral turpitude. Some clearly don’t. And then there’s a massive gray zone in the middle where state interpretation varies wildly. Understanding where your offense falls is critical.

Clearly moral turpitude (virtually all states):

• Theft, burglary, robbery, shoplifting
• Fraud, embezzlement, forgery
• Assault, battery, domestic violence
• Sexual offenses (assault, abuse, misconduct)
• Drug trafficking or sales
• Murder, manslaughter
• Child abuse, elder abuse
• Perjury, false statements
• Bribery, corruption

If you’re arrested for any of these, assume your licensing board will treat it as moral turpitude and take it seriously.

Gray zone (depends heavily on state and circumstances):

• DUI/DWI – Some states consider it moral turpitude, others don’t. First offense usually isn’t, but repeat offenses often are. California treats DUI as moral turpitude; Texas generally doesn’t.
• Simple drug possession – Possession for personal use is a gray area. Many states distinguish between possession (not moral turpitude) and possession with intent to sell (definitely moral turpitude).
• Shoplifting – Despite being theft, some courts have held that minor shoplifting doesn’t necessarily involve moral turpitude if the value is very low. But many boards disagree.
• Prostitution – Historically considered moral turpitude, but some jurisdictions are reconsidering this, especially for prostitutes (as opposed to pimps or traffickers).
• Disorderly conduct – Depends entirely on the underlying facts. Bar fight? Maybe. Peaceful protest? Probably not.
• Trespassing – Generally not moral turpitude unless it involves breaking and entering or stalking behavior.

The gray zone is where attorney expertise matters most. An experienced licensing attorney knows how your particular board in your particular state has historically treated these offenses.

Generally NOT moral turpitude:

• Traffic offenses (speeding, running red lights, parking violations)
• Regulatory violations (building codes, licensing violations)
• Civil infractions
• Simple trespassing (no breaking and entering)
• Some jurisdictions: marijuana possession in small amounts

Why Your Crime’s Classification Matters

The moral turpitude determination has cascading consequences:

Automatic vs. discretionary discipline: Some licensing statutes create automatic disqualification for “crimes of moral turpitude” while giving boards discretion for other crimes. If your offense is classified as moral turpitude, the board may have no choice but to discipline you.

Severity of discipline: Moral turpitude crimes almost always result in harsher discipline than non-moral turpitude crimes. A DUI that’s not considered moral turpitude might result in probation. A theft charge that is moral turpitude might result in suspension or revocation.

Rehabilitation pathways: Some states prohibit licensing of anyone ever convicted of a moral turpitude crime (though these absolute bars are increasingly being challenged legally). Other states allow rehabilitation after a waiting period. The moral turpitude classification determines which pathway applies to you.

Reciprocity and compact licensing: If you’re licensed in multiple states or hold a compact license, the most restrictive state’s interpretation of moral turpitude controls. A nurse with a compact license who commits an offense that State A considers moral turpitude but State B doesn’t will still face discipline in both states because the compact requires reporting of all discipline.

Immigration consequences: For professionals who aren’t U.S. citizens, crimes involving moral turpitude have severe immigration consequences separate from licensing. A single crime involving moral turpitude can make you deportable if it occurs within five years of admission. Two crimes involving moral turpitude at any time after admission also create deportability. If you’re on a visa or green card, the moral turpitude classification can literally determine whether you can stay in the country.

Strategic Implications

When negotiating with prosecutors, the moral turpitude classification should be a major consideration. Sometimes it’s worth pleading to a slightly more serious charge that doesn’t involve moral turpitude rather than a lesser charge that does.

Example: You’re arrested for assault (moral turpitude) after a bar fight. Your attorney might be able to negotiate a plea to disorderly conduct (possibly not moral turpitude depending on circumstances) even though the penalties are similar. For criminal law purposes, this might not matter much. For licensing purposes, it’s everything.

Or you’re a healthcare professional arrested for prescription fraud. Pleading to fraud (definitely moral turpitude) could end your career. But pleading to a regulatory violation related to improper record keeping (not moral turpitude) might save your license even if the criminal penalties are comparable.

This is, again, where coordination between criminal and licensing defense attorneys becomes critical. Your criminal attorney is focused on jail time and fines. Your licensing attorney is focused on moral turpitude classification and board interpretation. Both need to be at the table when plea negotiations happen.

The Three-Level Threat: Board, Employer, Insurance

Most professionals think about licensing in binary terms: do I keep my license or do I lose it? But the reality is far more complicated. You can keep your license and still be unable to work. Understanding the three-level threat model explains why.

Level 1: The Licensing Board

This is the state regulatory authority – the medical board, nursing board, bar association, real estate commission, etc. They have the power to suspend or revoke your license, which is obviously the most fundamental threat.

But licensing boards are typically the slowest to act. Investigations take months or years. Emergency suspensions are rare. For most professionals facing most types of charges, the licensing board will not take immediate action.

This creates a false sense of security. You’re arrested, weeks go by, you’re still working, your license hasn’t been suspended and you start thinking maybe it won’t be a big deal. Then the other two levels hit you.

Level 2: Employer and Hospital Credentialing

Your employer doesn’t have to wait for the licensing board to act. Private employers in at-will employment states can terminate you for any non-discriminatory reason, including arrest even without conviction.

Many professionals don’t realize their employment is much more vulnerable than their license. Here’s how it typically plays out:

Hospital/healthcare system credentialing: If you work in a hospital, you go through a credentialing process separate from state licensing. The hospital’s medical staff bylaws (for physicians) or employment policies (for nurses and other staff) usually require “no pending criminal charges” or “good moral character.”

The hospital credentialing committee meets monthly or quarterly. When they learn of your arrest (either from you, from a background check or from law enforcement notification), they can suspend your privileges immediately pending investigation.

For physicians, loss of hospital privileges means inability to see hospital patients, perform surgeries or admit patients. Many physicians’ entire practices are built around hospital access. Losing privileges effectively ends your ability to practice medicine even though your state medical license remains active.

For nurses, suspension or termination by the hospital doesn’t revoke your nursing license, but it does mean immediate income loss and difficulty finding another job while charges are pending.

School district policies: Teachers face especially harsh employer actions because of heightened concerns about student safety. Many school districts have zero-tolerance policies for any arrest, particularly anything involving violence, drugs or sexual conduct.

A teacher arrested on Friday might be placed on administrative leave on Monday, before they’ve even been arraigned. The state teaching certification authority might not take any action for a year or more, but the employment is over immediately.

Background check cycles: Even if your employer doesn’t find out about your arrest immediately, most employers run periodic background checks – annually, at contract renewal or when you change positions.

That’s when professionals get the shocking call to HR. “Our background check showed a criminal charge. You didn’t report it. We’re terminating your employment for policy violation.” Not only have you lost your job, but you’ve lost it for dishonesty, which makes the next job even harder to find.

At-will employment reality: In most states, employment is at-will, meaning either party can terminate the relationship at any time for any lawful reason. Your employer doesn’t need to prove you’re guilty. They don’t need to wait for disposition of your case. They can simply decide that an employee with pending criminal charges creates unacceptable risk and terminate you.

Union contracts and public employment provide more protection, with just-cause termination requirements and appeal processes. But private sector professionals usually have minimal protection.

Level 3: Professional Liability Insurance

The third level that most professionals don’t think about until it’s too late is insurance. If you carry malpractice insurance, professional liability insurance or errors and omissions insurance (and most professionals are required to), your arrest can affect your coverage.

Notification requirements: Most professional liability policies require you to notify the insurance company of any criminal charges, especially if they relate to professional conduct. Failure to notify can void your coverage.

Example: A physician is arrested for prescription fraud. Their malpractice policy requires notification of any allegations of professional misconduct. The physician doesn’t notify, thinking “this is a criminal matter, not a malpractice claim.” Six months later, a patient sues claiming the physician over-prescribed pain medication. The insurance company discovers the criminal charges, realizes the physician didn’t notify them and denies coverage for the malpractice claim. The physician is now defending a malpractice lawsuit without insurance.

Coverage exclusions: Most policies exclude intentional acts, criminal conduct and fraud. If the allegations against you fall into these categories, your insurance company may disclaim coverage even for the defense costs.

This is particularly devastating because professional liability policies typically cover defense costs in addition to damages. Even if you’re ultimately vindicated, the cost of defending a licensing board complaint or malpractice claim can be $50,000-$100,000. If your insurance refuses to defend, you’re paying that out of pocket.

Premium increases and non-renewal: Even if your insurance company continues coverage, your premiums will likely increase dramatically at renewal, or the company may non-renew your policy.

Finding professional liability coverage with pending criminal charges is difficult and expensive. Some professionals become uninsurable, which makes them unemployable because most employers require insurance as a condition of employment.

The Cascading Effect

The devastating part is how these three levels interact and cascade:

Scenario 1: Keep license, lose everything else
Your state nursing board investigates your DUI arrest and decides to take no action. Your license is fine. But your hospital suspended your privileges pending the investigation. Then your malpractice insurance non-renewed your policy because of the arrest. Without insurance, you can’t get credentialed at any hospital. You have an active nursing license but can’t find work.

Scenario 2: Keep license, can’t use it
You’re a physician who keeps your state medical license after a drug possession arrest but the DEA suspends your registration to prescribe controlled substances. Most clinical positions require DEA registration. You’re licensed but unemployable in your specialty. You have to completely change career paths, maybe to medical review or consulting, at a fraction of your previous income.

Scenario 3: Survive board, fail background checks
Your licensing board accepts your explanation and issues no discipline. Great! But now every job application requires disclosure of arrests, even without conviction. Employers see the arrest on the background check and don’t call you back. You have your license but can’t pass employer screenings.

This multi-level threat is why simply “keeping your license” isn’t enough. You need a strategy that addresses all three levels simultaneously.

Income Protection Strategies

Given these realities, what can you do to protect yourself financially?

Understand unemployment eligibility: In most states, if your professional license is suspended or revoked, you’re not eligible for unemployment benefits. The reasoning is that you’re unemployed due to your own misconduct, which disqualifies you.

However, if you’re terminated by your employer but retain your license, you might be eligible depending on state rules and termination circumstances.

Disability insurance claims: Some professionals successfully claim disability insurance benefits for stress, anxiety or depression related to criminal proceedings and licensing investigations. This is controversial and often contested by insurance companies, but it’s a potential resource.

Short-term disability typically covers 60-70% of income for 3-6 months. Long-term disability can extend for years if medical documentation supports ongoing inability to work.

Emergency fund planning: If you’re reading this after an arrest, it’s too late for this advice. But for other professionals reading this proactively, maintain an emergency fund of 6-12 months expenses specifically for this type of crisis.

Professional licensing cases routinely take 1-3 years to resolve. If you’re suspended during that time you need resources to survive financially while fighting for reinstatement.

Alternative work arrangements: If you can’t work in traditional employment while your case is pending, consider alternatives:

• Telemedicine (if your license allows and you’re not suspended)
• Consulting or expert witness work (doesn’t always require active clinical practice)
• Teaching or training (some positions don’t require full clinical credentials)
• Non-clinical roles in your field (healthcare administration, legal research, financial planning support)
• Completely different field temporarily (many professionals drive for Uber, do retail, etc. to bridge the gap)

The key is having a financial survival plan that doesn’t depend solely on keeping your license. Hope for the best but plan for the realistic possibility that you’ll lose income even if you keep your credential.

Profession-Specific Guidance: How This Affects Your Career

While general principles apply across professions, each field has unique vulnerabilities and considerations. Here’s what you need to know based on your specific profession.

Healthcare Professionals

Nurses (RN, LPN, NP, CNS, CRNA)

Nursing is the largest licensed healthcare profession and nurses face some of the most aggressive board oversight. State boards of nursing are particularly concerned about three types of offenses:

Drug-related offenses: Anything involving controlled substances is treated extremely seriously because of concerns about drug diversion (stealing medications from the workplace). Even possession of your own validly prescribed medication can trigger investigation if it’s a controlled substance and you haven’t disclosed the prescription to your employer.

Violence and abuse: Any domestic violence, assault or abuse allegations raise concerns about patient safety. Nursing boards will investigate aggressively because violence against family members creates inference of potential violence against vulnerable patients.

DUI arrests: While not automatically disqualifying, DUI arrests for nurses often result in substance abuse evaluations, monitoring programs and probation even for first offenses. Many boards require participation in professional recovery programs.

Compact state implications: The Nurse Licensure Compact allows nurses to practice in 34 member states with one multi-state license. An arrest in ANY compact state must be reported to your home state board AND can trigger investigation by the board in the state where the arrest occurred.

Moreover, any discipline by one state board is automatically reported to all compact states, potentially affecting your ability to work in any of the 34 states.

Recovery programs as alternative to discipline: Most states offer confidential monitoring programs for nurses with substance abuse issues. If you enter the program voluntarily, complete treatment, maintain sobriety and comply with monitoring (typically 3-5 years of random drug screens), the board may take no formal disciplinary action.

This is a much better outcome than formal probation or suspension, which is public and must be disclosed to employers. Ask your licensing attorney whether your state offers this option and whether you qualify.

Physicians and Surgeons

Physicians face scrutiny from multiple authorities simultaneously:

State medical board: Licenses physicians to practice medicine. Can investigate any arrest but typically focuses on crimes involving moral turpitude, violence, sexual misconduct, fraud or substance abuse.

DEA: Registers physicians to prescribe controlled substances (Schedule II-V medications). DEA registration is separate from medical licensure. Drug-related arrests or diversion allegations trigger DEA investigation and often result in immediate suspension of prescribing privileges.

Hospital credentialing: As discussed earlier, hospitals conduct independent credentialing. Loss of privileges can end a practice even if you keep your medical license.

National Practitioner Data Bank (NPDB): Certain disciplinary actions, malpractice settlements and criminal convictions are reported to the NPDB, which is checked by hospitals, insurance companies and licensing boards nationwide. An arrest in one state can follow you forever through NPDB reporting.

Specialty board certification: If you’re board-certified (ABMS member boards), your specialty board may have separate ethical requirements and can revoke certification based on arrests or convictions. You’d still be licensed to practice medicine but loss of board certification can make you uncompetitive for jobs.

Pharmacists

Pharmacists are in one of the most precarious positions when it comes to arrests because of their access to controlled substances. Any drug-related arrest – possession, DUI with drugs in the system, prescription fraud, diversion – is potentially career-ending.

Pharmacy boards assume that a pharmacist arrested for drug-related offenses may have diverted medications from the pharmacy. Even if your arrest has nothing to do with your workplace, the board will investigate whether you’ve been stealing from inventory.

Like physicians, pharmacists need DEA registration to dispense controlled substances. Loss of DEA registration makes you unemployable in most pharmacy settings.

Legal Professionals

Attorneys

Attorneys are held to uniquely high character standards. Most state bars require immediate reporting of any arrest – not 30 days, not 10 days, immediate. Some states interpret “immediate” to mean within 24-48 hours.

Types of offenses that trigger serious discipline:

• Theft, fraud, misappropriation – particularly client trust account violations, which are almost always automatic disbarment
• Dishonesty – perjury, false statements, obstruction
• DUI – common, usually survivable for first offense, but multiple DUIs often result in suspension
• Domestic violence – increasingly taken seriously by bars
• Drug offenses – particularly possession or sale of illegal drugs

Federal practice considerations: Attorneys practicing in federal court may face separate disciplinary proceedings in federal district court, bankruptcy court or administrative agencies. A conviction of a felony typically results in automatic suspension from federal practice pending final disposition.

DOJ EOIR accreditation: Immigration attorneys face additional scrutiny as discussed earlier.

Financial Professionals

CPAs and Accountants

CPAs are regulated by state boards of accountancy and must also comply with professional standards if they’re members of the AICPA (American Institute of CPAs). Financial crimes – fraud, embezzlement, tax evasion – are obviously disqualifying in most cases.

But CPAs also face federal consequences:

IRS practitioner status: CPAs who represent clients before the IRS must be enrolled to practice. Criminal convictions involving dishonesty or breach of trust can result in disbarment from IRS practice, which destroys a tax CPA’s career even if they keep their state license.

SEC registration: CPAs who audit public companies must register with the SEC and comply with independence and ethical standards. Criminal conduct can result in SEC bar.

Financial Advisors, Brokers, Investment Professionals

As discussed earlier, FINRA’s statutory disqualification provisions create permanent bars for certain offenses. The securities industry has some of the harshest consequences for criminal conduct of any profession.

Form U4 must be updated within 30 days of any arrest. This form is available to employers, clients (if requested) and regulators. An arrest appears on your permanent record even if charges are dismissed.

State insurance licensing is also affected. Many financial advisors hold both securities licenses and insurance licenses. You may lose one and keep the other, limiting your ability to serve clients.

Education Professionals

Teachers (K-12)

Teachers face the shortest reporting timelines (often 48 hours) and the lowest tolerance for arrests, particularly anything involving:

• Crimes against children
• Sexual offenses (even against adults)
• Drugs
• Violence

Most states require fingerprint clearance cards or background checks for school employees. An arrest can result in immediate clearance suspension, which prohibits you from being on school grounds even if your teaching certificate remains active.

School district vs. state certification: These are separate processes. The state department of education issues teaching certificates/licenses. Individual school districts make hiring and retention decisions. You can keep your state certificate but be terminated by your district, and other districts may refuse to hire you because of the arrest.

Union protections: Teachers’ unions often provide legal representation and have collective bargaining agreements that require just-cause for termination. This provides more protection than at-will professionals, but it’s not absolute protection.

Skilled Trades and Technical Professions

Engineers, Architects, Contractors

Professional engineers and architects are licensed by state boards that focus primarily on public safety. The character standards are typically less stringent than healthcare or legal professions because the public safety concern is about technical competence rather than interpersonal conduct.

DUI arrests, for example, are less likely to result in discipline for engineers than for nurses. But fraud, particularly related to construction, bidding or professional services, is taken very seriously.

Contractors face additional concerns:

• Bonding and insurance requirements – arrests can make you unbondable
• Public works eligibility – government contracts often require clean records
• License renewal – some states check criminal history at renewal

Real Estate Agents and Brokers

Real estate licensing focuses heavily on financial crimes because agents handle client funds, earnest money and large transactions. Fraud, theft, embezzlement and financial dishonesty are usually disqualifying.

DUI arrests are less likely to result in discipline unless they become a pattern. But any crime involving moral turpitude must be reported.

Real estate agents also need errors and omissions insurance and arrests can affect insurability.

Expungement and Sealing: Does It Help Your License?

Many professionals facing arrests immediately start researching expungement or record sealing. The hope is understandable – if you can get the arrest erased from your record, maybe you can avoid licensing consequences. Unfortunately it’s not that simple.

What Expungement Actually Does

Expungement (called “expunction” in some states) is a court order sealing or destroying arrest and conviction records. After expungement, the arrest legally never happened in the eyes of the law.

For most purposes, you can truthfully answer “no” when asked “have you ever been arrested?” This applies to:

• Private employer applications (with some exceptions)
• Rental housing applications
• Loan applications
• General background checks

In some states, even law enforcement and courts can’t access expunged records (though federal agencies usually can).

This sounds great and for non-professionals, expungement is indeed valuable. But for licensed professionals, there’s a critical exception.

The Licensing Board Exemption

Most state licensing statutes explicitly exempt licensing boards from expungement non-disclosure provisions. This means even though state law says you don’t have to tell employers about expunged arrests, you DO have to tell your licensing board.

Look at how licensing applications are typically worded:

“Have you ever been arrested for, charged with, or convicted of any crime or offense, including any offense that has been expunged, sealed, dismissed or otherwise removed from your record?”

Notice the language: “including any offense that has been expunged.” This is standard across most professions in most states. The board wants to know about everything, regardless of legal disposition.

Why? Because licensing boards argue that their purpose is public protection, not employment opportunity. They want to evaluate your entire history to determine character and fitness. The fact that a court expunged an arrest doesn’t mean the underlying conduct didn’t happen.

If you answer “no” to this question when you actually have an expunged arrest, you’ve committed perjury on your application. Board applications include warnings that false statements can result in license denial or revocation. Many professionals have lost licenses not for the underlying arrest, but for lying about expunged arrests on renewal applications.

When Expungement Still Helps

Even though expungement doesn’t eliminate licensing disclosure requirements, it’s still valuable for licensed professionals in certain ways:

Employer background checks: While you must disclose arrests to your licensing board, you generally don’t have to disclose expunged arrests to private employers (check your state law). This means hospital credentialing, new job applications and employer background checks won’t reveal the expunged arrest.

The licensing board will still know because you disclosed it on your application. But your employer won’t know unless the board takes disciplinary action that becomes public.

Public database searches: Expungement removes your arrest from public court records, online background check sites and newspaper archives (though getting news sites to remove articles can be challenging). This protects your reputation and makes it harder for patients, clients or colleagues to discover your arrest history.

Peace of mind and closure: Even if expungement doesn’t eliminate licensing consequences, having your record cleared provides psychological benefit and allows you to honestly tell most people (outside licensing contexts) that you have no criminal record.

Future applications: If you seek licensure in another state, an expunged record may be viewed more favorably than an active conviction, even though you must still disclose it. Boards appreciate that you took steps to clear your record, which demonstrates rehabilitation.

State-by-State Variance

A small number of states DO honor expungement for licensing purposes. These states don’t require disclosure of expunged arrests on licensing applications. But this is rare – perhaps 5-8 states.

Some states have a middle ground: they require disclosure of expunged arrests but prohibit the board from considering them in licensing decisions (or limit how they can be considered). This is better than full disclosure with full consideration but still not ideal.

The majority of states require full disclosure and allow full consideration of expunged arrests. Your licensing attorney needs to know your specific state’s rules.

Cost-Benefit Analysis of Expungement

Expungement typically costs $1,500-$5,000 in attorney fees plus court costs. In some states you can do it yourself for just the filing fees ($300-$500), but attorney assistance increases success rates.

Given that expungement doesn’t eliminate licensing board disclosure requirements, is it worth the cost?

Considerations:

• If you’ve successfully resolved your licensing case and just want to move forward with clean employment background checks, expungement is valuable
• If your licensing case is still pending and you’re hoping expungement will make it go away, that’s probably false hope
• If you might seek licensure in other states, expungement may help even though you must still disclose
• If you’re concerned about online reputation and public databases, expungement helps
• If you’re primarily concerned about your current license and your current employer, expungement probably doesn’t change much

Many attorneys recommend waiting until after the licensing case is resolved to pursue expungement. Resolve the board situation first, then clean up the criminal record second.

Certificates of Rehabilitation

Some states offer certificates of rehabilitation, certificates of relief from disabilities or similar mechanisms that don’t erase the conviction but demonstrate official recognition that you’ve been rehabilitated.

These are often easier to obtain than expungement and can be pursued while licensing cases are pending. While they don’t eliminate disclosure requirements, they provide powerful evidence of rehabilitation to present to licensing boards.

A certificate of rehabilitation essentially says “yes, this person was convicted, but the state recognizes they’ve turned their life around and deserve a second chance.” That narrative is helpful in licensing proceedings.

Ask your criminal or licensing attorney whether your state offers certificates of rehabilitation and whether you qualify.

The Self-Reporting Advantage: Data Shows It Works

Throughout this guide we’ve emphasized the importance of self-reporting your arrest to your licensing board before they discover it themselves. But you might be wondering: is there actual evidence that self-reporting helps, or is this just what attorneys tell clients to justify billable hours?

There’s real data and it strongly supports the self-reporting strategy.

The Statistical Reality

A multi-state analysis of nursing board disciplinary orders examined over 500 cases where nurses were disciplined for criminal arrests or convictions. Researchers compared outcomes for nurses who self-reported before board discovery vs. nurses the board discovered through automated systems or other sources.

The findings were striking:

• Self-reporters: 68% received probation or lesser discipline (letter of concern, no action)
• Board discovery: Only 31% received probation or lesser discipline
• Self-reporters: 27% received suspension
• Board discovery: 58% received suspension
• Self-reporters: 5% received revocation
• Board discovery: 11% received revocation

Put simply, self-reporters were more than twice as likely to receive probation instead of suspension and half as likely to have their licenses revoked.

A similar pattern has been documented in medical board and attorney discipline cases, though the data is less systematically collected. The pattern holds across professions: self-reporting leads to dramatically better outcomes.

Why Boards Reward Self-Reporting

This isn’t just correlation – there are clear reasons why boards treat self-reporters more leniently.

Honesty and candor are core professional values: Every profession values truthfulness. Physicians take oaths. Lawyers are officers of the court. Nurses are held to codes of ethics. Accountants certify financial statements. When you self-report, you demonstrate these core values even in the face of negative consequences for yourself.

Boards explicitly consider “accuracy and candor in disclosure” as a factor in individualized assessments. Self-reporting is the most powerful evidence of candor you can provide.

Cooperation signals trustworthiness: By self-reporting, you show willingness to work with the board rather than against it. You’re not hiding, evading or obstructing. This makes boards more comfortable allowing you to continue practicing with monitoring rather than removing you entirely.

You control the narrative: When the board discovers your arrest through a database hit, all they see is the arrest report – the police version of events, written to justify the arrest. When you self-report, you can include context, explanation and mitigating information that shapes how the board views the incident.

Example: Database hit shows “Arrested for assault and battery.” That’s all the board knows. They might imagine you attacked a patient or got in a bar fight.

Self-report says “I was arrested for assault after I intervened to stop a man from hitting his girlfriend in a parking lot. The prosecutor reviewed the case and declined to file charges, acknowledging I was trying to help. I’m attaching witness statements and the prosecutor’s dismissal letter.”

Same arrest, completely different narrative.

Risk assessment: Boards are fundamentally engaged in risk assessment – is this person safe to continue practicing? Someone who hides an arrest looks like a higher risk than someone who discloses it. Hiding suggests more to hide. Disclosing suggests this was an isolated incident they’re willing to address.

How to Self-Report Effectively

Self-reporting isn’t just about sending a quick email saying “I got arrested.” Strategic self-reporting requires careful drafting, timing and supporting documentation.

Here’s a general structure (not a full template – you need attorney assistance for your specific situation):

1. Factual statement of arrest (brief, neutral tone):
“On [date], I was arrested by [agency] and charged with [specific charge(s)]. I was released on [date] and the matter is currently pending in [court].”

2. Current status of criminal case:
“I have retained criminal defense counsel and my next court appearance is scheduled for [date]. I will keep the Board informed of all developments in this case.”

3. Acknowledgment of reporting obligation:
“I understand that [state law/regulation] requires reporting of arrests within [timeframe]. I am submitting this report in compliance with that requirement.”

4. Commitment to cooperation:
“I am fully committed to cooperating with any Board investigation. I will respond promptly to any requests for information or interviews.”

5. Brief mitigation if appropriate (be very careful here – this is where attorney guidance is critical):
Some situations warrant brief mitigation statement. Others are better left to later responses. Don’t over-explain at this stage and don’t make statements that could be used against you in your criminal case.

If mitigation is appropriate: “I want to provide brief context while respecting the ongoing criminal proceedings. [One or two sentences of non-incriminatory context.] I look forward to providing complete information once the criminal case is resolved.”

What NOT to include in self-reports:

• Detailed defenses: Save these for your attorney’s formal response to board investigation. Self-report is notification, not defense.
• Excuses or blame-shifting: “It wasn’t my fault” or “the officer was wrong” sounds defensive and immature. Save detailed defense for later.
• Emotional appeals: “This will destroy my career” or “I have kids to feed” doesn’t belong in initial self-report. Boards expect professionalism.
• Incriminating statements: Don’t admit elements of the crime or provide information that prosecutors could use. Coordinate with criminal attorney.
• Minimization: Don’t say “it’s just a minor charge” or “this is no big deal.” Let the board make that assessment.

Timing considerations: You want to report promptly but not so quickly that you haven’t consulted an attorney or don’t yet have basic information about your case.

Ideal timing is usually 7-14 days after arrest:

• Prompt enough to demonstrate good faith
• Late enough to have consulted attorneys and gathered initial information
• Early enough to beat automated database notifications in most states

If your state has a 10-day or immediate reporting requirement, you may need to send a very brief initial notification (“I was arrested on [date] for [charge] and am retaining counsel. I will supplement this report with additional information within [timeframe].”) followed by a more complete report once you have attorney guidance.

The Exception: When Not to Self-Report (Rare)

In very limited circumstances, delaying or structuring self-reporting differently might be appropriate:

• If charges were never filed and won’t be filed, some attorneys recommend waiting to see if the board discovers it through their systems. If they don’t, you may never need to report an arrest that resulted in no charges. But check your state’s specific reporting requirements – some require reporting arrests even if never charged.
• If you’re negotiating a pretrial diversion or deferred adjudication, it might be strategic to wait until that’s finalized so you can report “I was arrested for X, completed pre-trial diversion and charges were dismissed” all in one communication rather than reporting the arrest and then providing updates.
• If the arrest involves complex facts where immediate reporting would be incomplete or misleading, a brief delay for attorney consultation might be warranted.

But these exceptions are rare. The default should always be prompt self-reporting unless your attorney has specific strategic reasons to delay.

Cost, Timeline and What to Expect

Let’s talk about the practical realities of defending your professional license: how much it costs, how long it takes and what financial planning you need to do to survive the process.

Legal Costs Reality

Nobody wants to discuss money when they’re in crisis but you need realistic expectations about the financial commitment you’re facing.

Criminal defense attorney:

• Misdemeanor charges: $5,000-$15,000 typical
• Serious misdemeanor (DUI, assault): $7,500-$20,000
• Felony charges: $15,000-$50,000+
• Complex felonies (fraud, drug trafficking): $50,000-$150,000+

These ranges assume private criminal defense counsel. Public defenders are free if you qualify financially but they typically don’t have time or resources to coordinate with licensing defense counsel.

Licensing defense attorney:

• Self-report drafting and initial consultation: $1,500-$3,000
• Full representation through investigation (if no hearing required): $5,000-$10,000
• Representation through administrative hearing: $15,000-$30,000
• Complex cases or appeals: $30,000-$75,000+

Licensing defense is often more expensive than you’d expect because administrative hearings can be as complex as trials, with expert witnesses, depositions and extensive document review.

Expert witnesses (if hearing required):

• Expert review and report: $2,000-$5,000
• Hearing testimony: $3,000-$10,000 per day
• Common expert types: addiction specialists, psychologists, professional practice experts

Other costs:

• Court reporters and transcripts: $500-$2,000
• Record retrieval and document production: $200-$1,000
• Evaluations (psychological, substance abuse): $500-$2,500
• Filing fees and administrative costs: $200-$500

Total costs for serious cases: $20,000-$100,000

Yes, that’s a staggering number. But consider what you’re protecting. A professional license represents your lifetime earning potential – often $2-10 million over a career. Spending $50,000 to protect $5 million in lifetime earnings is actually a rational investment, even though it feels crushing when you’re writing the checks.

Timeline Expectations

Licensing cases move slowly. Understanding realistic timelines helps you plan financially and psychologically.

Criminal case timeline (parallel track):

• Misdemeanor cases: 3-12 months typical
• Felony cases: 12-24 months typical
• Complex cases or trials: 24-36 months

Licensing case timeline:

• Initial investigation (after self-report or discovery): 3-6 months
• Board decision to proceed with formal charges: 6-12 months
• Scheduling administrative hearing: Additional 6-12 months
• Hearing and decision: 3-6 months after hearing
• Appeals (if necessary): 12-24 months

Total time from arrest to final licensing resolution: 18-36 months typical, sometimes 4-5 years

Why so long? Boards are bureaucratic, under-staffed and handle thousands of cases. Hearings are scheduled around board member availability (they often meet monthly or quarterly). Your case isn’t the board’s priority – public safety is, so cases involving active harm get priority over older arrests.

The good news: in most cases you can continue practicing during this time. The bad news: you’re living with uncertainty for years.

Financial Survival Planning

Given these costs and timelines, how do you survive financially?

Phase 1 – Immediate crisis (Months 0-6):

You’re probably still working. Criminal case is in early stages. Board investigation just beginning. Financial pressure is primarily attorney retainers.

Actions:

• Cut discretionary spending immediately
• Build emergency fund if possible
• Review insurance policies for any coverage
• Research legal financing options
• Discuss payment plans with attorneys

Phase 2 – Ongoing proceedings (Months 6-24):

Cases are progressing. Continued employment depends on whether you’ve been suspended, lost hospital privileges or been terminated. Financial pressure from ongoing legal fees plus possible income loss.

Actions:

• If still employed, maximize savings
• If suspended or terminated, pursue unemployment (if eligible)
• Consider disability insurance claim for stress/mental health
• Explore alternative income (gig work, consulting, different field)
• Communicate with lenders about financial hardship if needed

Phase 3 – Resolution and recovery (Months 24+):

Cases resolved or nearing resolution. You know whether you kept your license, what discipline was imposed and what employment prospects look like.

Actions:

• If you kept license, focus on finding/returning to work
• If you lost license, begin career transition planning
• Rebuild emergency fund
• Address any debt accumulated during process

Is Professional Liability Insurance Coverage Available?

Most professionals carry some form of liability insurance – malpractice, errors and omissions or professional liability. Can this insurance help pay for criminal or licensing defense?

Usually no but sometimes yes in limited ways:

Criminal defense: Usually not covered
Professional liability policies almost universally exclude coverage for criminal acts and intentional wrongdoing. If you’re arrested for assault, theft, fraud or drug offenses, don’t expect your malpractice insurance to pay for your criminal attorney.

Licensing defense: Sometimes partially covered
Some professional liability policies include limited coverage for licensing board defense but usually only for complaints that arise from professional practice, not from personal criminal conduct.

Example: A physician’s malpractice policy might cover legal fees to defend against a medical board complaint about substandard patient care. It won’t cover defense of a board complaint arising from the physician’s DUI arrest.

What to check in your policy:

• Does it include “license defense” or “regulatory proceedings” coverage?
• What’s the sublimit? (Often $10,000-$25,000, not enough for major cases)
• What exclusions apply? (Criminal acts, dishonesty, fraud usually excluded)
• Do you need pre-approval before incurring legal fees?

Always notify your carrier
Even if you don’t think coverage applies, notify your professional liability carrier of the arrest and any related board investigation. Policies require prompt notice and failure to notify can void coverage if any related claims arise later.

Payment Options When You Can’t Afford Full Retainer

If you don’t have $20,000-$50,000 sitting in savings (most people don’t), what options exist?

Attorney payment plans: Many licensing defense attorneys offer payment plans where you pay the retainer in installments rather than all up front. Expect to pay initial retainer of $2,500-$5,000 then monthly payments.

Legal financing: Companies exist that loan money specifically for legal fees. Interest rates are high (12-25% typically) but it’s an option if you have no other resources.

Credit cards: Many attorneys accept credit cards. If you have available credit and can pay it off when your case resolves, this might work short-term. Be very cautious about high-interest debt for years-long cases.

Retirement account loans: If you have a 401(k) you may be able to borrow against it (typically up to $50,000 or 50% of balance). You’re borrowing from yourself and repaying with interest. Better than credit cards if you have the option.

Family loans: Difficult emotionally but if family members have resources and are willing to help, this can be the lowest-cost option.

Limited scope representation: Instead of full representation, hire attorney for specific tasks (draft self-report, advise on strategy, review your responses) while you handle other parts yourself. This significantly reduces costs but requires you to do substantial work.

Pro bono and legal aid: Very limited for licensing defense. Legal aid organizations typically don’t handle professional licensing cases. Some bar associations have pro bono programs but availability is extremely limited. Worth asking but don’t count on it.

The reality is that defending your professional license is expensive and there’s no easy way around that. But the alternative – losing a license worth millions in lifetime earnings – is far more expensive.

Frequently Asked Questions

Can I lose my professional license for an arrest without conviction?

Yes, it’s possible though not automatic. Licensing boards use a lower standard of proof than criminal courts – “preponderance of evidence” (more likely than not) rather than “beyond reasonable doubt.” This means a board can conclude the alleged conduct occurred and discipline you even if you’re never convicted or if charges are dismissed.

However, arrests without convictions generally result in lighter discipline than convictions. If you self-report, cooperate with investigation and show the arrest was an isolated incident, many boards take no action or issue only a letter of concern. The key factors are the nature of the alleged offense, your profession and whether this is a first-time issue.

Do I have to tell my employer I was arrested?

It depends on your employment contract and workplace policies. Many employment contracts, particularly in healthcare and education, require notification of arrests within a specific timeframe. Hospital medical staff bylaws often have similar requirements.

In at-will employment states (most states), there’s generally no legal requirement to tell your employer about an arrest unless your contract specifically requires it. However your employer will likely find out anyway through background checks, media coverage or board investigation, and failing to disclose when they have policies expecting it can result in termination for dishonesty.

Consult with both your criminal and licensing attorneys before notifying your employer. They can help you determine if notification is required and how to handle it strategically.

What if I was arrested in another state?

You must still report it to your home state licensing board. Arrests in other states are still reportable under most state licensing laws and your board will likely discover it through interstate criminal database sharing.

If you hold compact licenses (nursing, medicine in some states), an arrest in any compact state affects your license in all compact states. The state where you were arrested may open its own investigation and any discipline imposed there is automatically reported to all other compact states.

Being arrested in another state doesn’t provide any protection or reduction in reporting obligations.

Can I get a professional license with a felony on my record?

Sometimes but it depends on many factors: the specific felony, how long ago it occurred, evidence of rehabilitation, the profession you’re seeking and the state where you’re applying.

First-time offenders who completed pretrial diversion or deferred adjudication have good prospects, especially if significant time has passed and they can demonstrate rehabilitation. Violent felonies, sexual offenses and fraud are most difficult to overcome.

Many states have enacted “fair chance licensing” laws that prohibit automatic disqualification based on criminal history and require individualized assessments. However certain offenses still create automatic bars in most states.

If you’re seeking initial licensure with a felony record, consult with a licensing attorney before investing time and money in education/training for a field you might not be able to enter.

How long does a licensing board investigation take?

Typical timeline is 6 months to 3 years, with 12-24 months being most common. Simple cases where you self-report a minor first offense can be resolved in 3-6 months with no action or a letter of concern. Complex cases requiring hearings can take 3-5 years from arrest to final order.

The timeline depends on:

• Severity of the offense
• Whether you contest the allegations
• Board backlog and staffing
• Complexity of the case
• Whether criminal case must resolve first

Most boards allow you to continue practicing during investigation unless emergency suspension is imposed (rare).

What is moral turpitude?

Moral turpitude is conduct contrary to honesty, justice or good morals – basically acts that demonstrate bad character. It typically involves fraud, dishonesty, intent to harm or depravity.

Crimes clearly involving moral turpitude include: theft, fraud, assault, sexual offenses, drug trafficking and crimes against vulnerable populations.

Gray zone crimes where states disagree: DUI, simple drug possession, shoplifting, prostitution.

Generally not moral turpitude: traffic offenses, regulatory violations, civil infractions.

The moral turpitude determination matters because many licensing statutes require automatic disqualification or create stronger presumption of discipline for moral turpitude crimes.

Will expungement protect my professional license?

Usually no. Most states require disclosure of expunged arrests on professional licensing applications and exempt licensing boards from expungement non-disclosure laws. Even though you don’t have to tell employers about expunged arrests, you do have to tell your licensing board.

Lying on a licensing application about expunged arrests can result in license denial or revocation for dishonesty, which is often worse than the underlying arrest.

However expungement still helps in other ways: employer background checks (outside licensing), public database searches and potentially as evidence of rehabilitation when presented to the board.

A handful of states do honor expungement for licensing purposes but this is the exception, not the rule.

Can I practice while my criminal case is pending?

In most states, yes. Your license remains active during criminal proceedings and board investigation unless and until the board takes formal disciplinary action.

Exceptions: Eight states (California, Texas, Florida, New York, Illinois, Ohio, Pennsylvania, Michigan) have emergency suspension authority allowing immediate license suspension without a hearing for certain serious offenses, particularly those involving patient/client abuse, drug diversion or violent felonies.

Even if your license remains active, your employer may suspend privileges or terminate employment based on pending charges. Hospital credentialing, insurance coverage and employer policies operate independently of your state license status.

What’s the difference between license suspension and revocation?

Suspension is temporary loss of license for a defined period (commonly 30 days to 2 years). You cannot practice during suspension but your license is automatically reinstated when the suspension period ends (assuming you’ve complied with all conditions).

Revocation is permanent loss of license. In most states you can petition for reinstatement after a waiting period (often 3-5 years) but reinstatement is not automatic and may be denied. Revocation is the most serious discipline short of permanent bar.

Both suspension and revocation are public record and must be disclosed to future employers and other state boards where you seek licensure.

Suspensions can be “stayed,” meaning the suspension is ordered but not implemented if you successfully complete probation. This allows you to keep working while being monitored.

Do I need a specialized licensing defense attorney?

Highly recommended. Licensing defense is administrative law, which is different from criminal defense. The rules of evidence, procedures, strategies and goals are all different.

Criminal defense attorneys focus on avoiding jail time and criminal records. They may recommend strategies (pleading the 5th, delaying proceedings) that are disastrous for licensing. Licensing defense attorneys understand board procedures, know board members and staff and can negotiate outcomes that protect your career.

Ideally you need both attorneys working together – criminal counsel to handle the criminal case, licensing counsel to handle the board investigation, coordinating strategy to protect both your freedom and your career.

Many criminal defense attorneys will tell you they can “handle the licensing stuff too.” Unless they regularly practice before licensing boards, this is probably not true.

What if my charges are dismissed?

Dismissal is better than conviction but it doesn’t eliminate licensing concerns. The arrest is still reportable in most states regardless of dismissal. The board can still investigate the underlying conduct using their lower standard of proof.

However, dismissed charges typically result in significantly lighter discipline than convictions. If charges are dismissed due to lack of evidence (rather than on technical/procedural grounds), boards often take no action or issue only a letter of concern.

If you completed pretrial diversion that resulted in dismissal, this is often the best possible outcome from a licensing perspective. It shows you took responsibility, completed rehabilitation and the case is fully resolved.

Can I work in another state if my license is suspended?

If you have compact licenses, discipline in one state is automatically shared with all compact states, so you can’t simply move and practice elsewhere within the compact.

If you’re seeking licensure in a new non-compact state while suspended in another state you must disclose the suspension on your application. Most states will deny licensure while you’re under active discipline in another state, though some may grant a license with probation or restrictions.

After your suspension ends and you’re back in good standing, other states are more likely to grant reciprocal licensure, though you must still disclose the historical discipline.

Attempting to practice in another state while suspended in your home state can result in additional charges for practicing without a license.

Next Steps: What to Do Right Now

If you’re reading this after being arrested you’re probably feeling overwhelmed, scared and unsure where to start. Here’s what you need to do right now, in priority order.

Immediate Action Items (Next 24-48 Hours)

1. Stop talking about your case
Don’t post on social media. Don’t discuss details with friends, family or colleagues beyond “I’m dealing with a legal matter.” Anything you say can make its way to investigators or prosecutors.

2. Document everything while your memory is fresh
Write down every detail you remember about the arrest – what happened, who was present, what was said, timeline of events. Label it “ATTORNEY-CLIENT PRIVILEGED MEMO” and save it for your attorney.

3. Obtain booking records and arrest report
Many jurisdictions make these available online within 24-48 hours. If not, call the police department or jail to request copies. You need these documents to move forward.

4. Consult with a criminal defense attorney immediately
This is your first priority. If you can’t afford private counsel, you’ll be appointed a public defender at your first court appearance. Don’t make statements to police or prosecutors without attorney guidance.

Actions Within 7-14 Days

5. Consult with a licensing defense attorney
Even if you’re not sure you’ll hire them for full representation, get a consultation to understand your reporting obligations, timeline and options. Many attorneys offer initial consultations for $200-$500.

6. Calculate your reporting deadline
Check your state’s requirements for your specific profession. Most are 30 days, some are shorter. Mark the deadline on your calendar and set reminders.

7. Review your employment contract and professional liability insurance
Do you have reporting obligations to your employer? Does your insurance require notification? Understanding these requirements helps you plan next steps.

8. Begin rehabilitation documentation
If substance abuse, mental health or anger management are relevant to your case, enroll in counseling or treatment immediately. The sooner you start, the more it demonstrates genuine commitment rather than just doing what’s required.

Actions Within 30 Days

9. Submit self-report to licensing board (if required)
Work with your licensing attorney to draft and submit your self-report within the required timeframe. As the data shows, self-reporting before board discovery significantly improves outcomes.

10. Notify employer if required
If your employment contract requires notification, work with your attorney to craft an appropriate disclosure. Get legal advice before this conversation.

11. Start financial planning
Review your savings, cut discretionary spending and understand what legal costs you’re facing. The sooner you plan financially, the less stressful the process will be.

Ongoing (Throughout Your Case)

12. Comply meticulously with all bail conditions
Any violation can result in additional charges and will be used against you in licensing proceedings. Take bail conditions seriously.

13. Maintain exemplary work performance
If you’re still working, be the model employee. Document positive performance reviews, patient feedback, colleague support. You’ll need this for your licensing defense.

14. Keep both attorneys updated
Your criminal and licensing attorneys need to stay informed of developments in both cases to coordinate strategy effectively.

15. Document all rehabilitation efforts
Keep copies of attendance records, completion certificates, counseling notes, treatment summaries. Create a file of everything you’re doing to address the situation.

When to Seek Emergency Legal Help

Contact an attorney immediately (within hours, not days) if your arrest involves:

• Patient or client abuse allegations
• Drug diversion from your workplace
• Sexual misconduct
• Violent felonies
• Crimes against vulnerable populations
• Media attention or publicity
• You practice in an emergency suspension state (CA, TX, FL, NY, IL, OH, PA, MI)

These situations can result in immediate license suspension, often within days. You need attorney intervention right away to protect your license.

Resources and Support

Finding attorneys:

• State bar association attorney referral services
• Professional association legal resources (many offer member attorney referrals)
• National Association of Criminal Defense Lawyers (NACDL)
• Administrative law sections of state bar associations

Emotional support:

• Professional support groups for licensed professionals facing discipline
• Therapists specializing in professional crisis
• NAMI (National Alliance on Mental Illness) – crisis support and resources
• Employee Assistance Programs (if your employer offers)

Financial resources:

• Legal financing companies
• State bar foundation grants (very limited availability)
• Professional association hardship funds (some exist for members)

Final Reassurance

An arrest doesn’t automatically end your career. Thousands of licensed professionals successfully navigate criminal charges and licensing investigations every year. The professionals who do best are those who:

• Act quickly and strategically
• Hire qualified attorneys who work together
• Self-report promptly and honestly
• Take responsibility and demonstrate rehabilitation
• Maintain professionalism throughout the process

This is frightening, overwhelming and incredibly stressful. But with proper legal guidance and strategic action you can protect both your freedom and your career. The key is starting now – not waiting to “see what happens,” not hoping it will go away, but taking control of the situation immediately.

If you’re a licensed professional facing criminal charges, contact an experienced licensing defense attorney today. The consultation may be the most important investment you make in your career.