Collateral Consequences: Why your Criminal Defense Attorney May Need to Consult a Health Law Expert

If you have a license from the Department of Health (DOH) and you have been arrested, there’s a good chance a DOH investigation was opened against you before you saw the inside of a courtroom. Your criminal defense attorney, no matter how skilled, may be ill-prepared to advise you on the effect your criminal case will have on your license.

Withheld Adjudications

Entering a plea agreement in a criminal case that results in withholding adjudication of guilt has many benefits, all of which a criminal defense attorney will be capable of explaining. Unfortunately for healthcare professionals, there is virtually no distinction between a withheld adjudication and an adjudication of guilt when it comes to licensure discipline. Nearly all licensure statutes treat both outcomes equally and allow licensure discipline before your state licensing board.

Sealed Records

You may have received advice that your conviction is eligible to be sealed after a certain amount of time, after which employers will no longer be able to see the details of your conviction. This may well be true, but the state licensing boards are generally allowed to access sealed records in their regulatory investigations or when reviewing applicants for licensure. A sealed criminal record may need to be reported in the application process.

Plea Negotiations

The legislature has determined that criminal convictions of certain offenses will make the person ineligible to hold a healthcare license. Other specifically enumerated crimes will result in mandatory suspension orders from DOH. It is imperative that you understand the consequences of entering a plea to a qualifying charge before tendering your plea to the court.

Criminal Charges Dismissed

Even if your criminal case is dismissed entirely, there is no guarantee the case against your license will also be dropped. In some cases, your licensure regulations may be more demanding than criminal law standards. In other instances, the lower burden of proof for licensure discipline means that DOH may be able to pursue discipline even in cases where the evidence is insufficient for criminal prosecution.