Can I be a dentist in Texas with a criminal record? The short answer is maybe. The long answer is that it depends on a host of different factors such as the type of offense, whether it was a felony or misdemeanor, and what evidence the applicant can provide in support of their rehabilitation. While certain types of offenses will completely disqualify an applicant from obtaining a Texas dental license, in most situations the Texas State Board of Dental Examiners (TSBDE) will evaluate the offense and the applicant on an individualized basis. The lawyers at Lype Dest Smith have successfully assisted numerous dental applicants through this process.
Get a Consultation Today!
If you have a criminal record, that doesn’t mean that you cannot be licensed as a dentist in Texas; It just means that you may need to overcome additional challenges. If you are currently in a program or plan to enroll in a course of study designed to qualify you for dental licensure and have a criminal history, one option to consider is requesting a Criminal History Evaluation. This process allows a future applicant to find out whether their criminal history will prevent them from becoming licensed prior to attending and finishing dental school.
The TSBDE’s top priority is protecting public health and confidence in the dental profession. Applicants with convictions that reflect dishonesty, poor judgment, or a lack of fitness will face challenges, but the Board does allow room for applicants to demonstrate rehabilitation.
If the Board has concerns about an applicant’s criminal history, but doesn’t want to completely deny their application, they have the option to approve a probationary order. This grants the applicant a dental license and allows them to practice subject to conditions. This could include anything from completing extra continuing education hours to supervised practice and periodic reporting. The Dental Board may impose such conditions to protect the public interest while still leaving the applicant a way forward.
Specific offenses, especially felonies and offenses involving deception, the threat or use of force, or sexual conduct are more likely to impact the TSBDE’s decision.
Fraud-related crimes, such as embezzlement or theft, involve issues of truthfulness and the ability to handle responsibilities related to the provision of dental services. To the Dental Board such crimes can reflect on an applicant’s trustworthiness in financial and patient matters, vital in a profession reliant on public trust.
Crimes involving the threat or use of force can automatically make an applicant ineligible for a dental license. This can include even assaultive offenses charged as a misdemeanor. The Board views such past conduct as raising too high of a risk to patients. In some instances the Texas State Board of Dental Examiners will consider an applicant with a past offense involving the threat or use of force if sufficient time has passed since the applicant completed their sentence.
Drug-related crimes can raise questions about possible impairment and an applicant’s ability to withstand the stresses of dental practice. Licensure as a dentist also provides access to various medications and sedating agents many of which can be abused. A felony offense related to legal or illegal drugs will automatically prevent an applicant from becoming licensed until sufficient time has passed since the date of disposition. Misdemeanor drug offenses do not create an absolute bar but often result in the Board agreeing to license an applicant subject to a period of probation and monitoring. When evaluating applicants with a criminal history containing drug offenses, the Texas State Board of Dental Examiners may look for evidence of recovery, such as rehabilitation programs or periods of sustained sobriety, before deciding that an applicant is prepared to re-enter the profession.
Sex offenses receive considerable scrutiny because of their potential impact on public trust and safety. An applicant cannot become licensed as a dentist in Texas if they have been convicted of an offense that requires them to register as a sex offender. For other sex-based offenses the TSBDE requires applicants to provide strong evidence of rehabilitation, such as therapy records or character references, to prove readiness for professional practice.
Addressing some concerns, such as proof of rehabilitation, completion of related programs, or establishment of a support system, can add value to your licensure application.
Evidence showing rehabilitation and the applicant’s status as a positive member of their community can help. For example volunteer work or any other form of giving back is usually viewed favorably by the Board. Restitution to a victim is also good evidence of rehabilitation.
Engaging mentors, peers, and legal advisors who can guide and support you in the licensure process.
For any offenses related to drug or alcohol use, evidence showing the applicant’s completion of treatment and sobriety is valuable.
Rehabilitation is key. Community service, counseling, and strong character references can go a long way in showing your growth and ethical commitment.
Maybe. A felony will automatically preclude you from becoming licensed if it has been less than five-years since the date of the offense’s disposition. The disposition date is the date the applicant completed their sentence. Once this five-year limit has been passed, the TSBDE may license you depending on a host of different factors including the nature of the offense and your evidence of rehabilitation.
You can request a formal hearing or submit additional evidence of rehabilitation. The chances of success go up considerably with an experienced attorney.
Lype and Dest Smith Lawyers are leaders in the practice of dental license defense and are committed to helping you reach your professional objectives. For legal services, please contact us at 512-881-3556 or visit us at 7600 Chevy Chase Drive, Suite 300, Austin, TX 78752.
Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney. Years of experience: 15 years
Dan Lype
Bar number: 24065658
Location: Austin, TX
Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.
Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX
Have you ever wondered why do dentistry licenses get suspended? Dentistry licenses may be suspended for a multitude of reasons, the ma...
read more
The laws regulating billing and insurance claims for dental professionals in Texas, are incredibly complex. Knowing the laws is key, e...
read more
Failing to comply with a disciplinary order issued by the Texas State Board of Dental Examiners (TSBDE) can lead to significant conseq...
read moreIf you or a loved one needs legal help, please fill out the form below for your consultation or call us at 512-881-3556
