What Professional License Can a Convicted Felon Get

Professional licensing issues can be particularly difficult for individuals with any type of criminal conviction. This can depend on the type of license sought, the type of offense, and the circumstances. At Lype Dest Smith Lawyers, we represent all types of licensed professionals including individuals with a criminal history. We take great pride in helping our clients achieve their career goals.

When Do Felony Convictions Disqualify a Person From Receiving a Professional License?

Felony convictions may be a basis for denial of professional licensure when the offense committed is related to the practice of the profession. In Texas, for example, licensing boards must consider an applicant’s criminal history and find a connection between that history and the profession. For example, fraud-based crimes may disqualify a person from receiving financial licenses, and violent crimes may prove a barrier to professions where public contact is required. 

Each licensing agency has its own rules and practices concerning the licensing of persons with a criminal record. Healthcare licensing agencies like the Texas Medical Board, Texas Board of Nursing, Texas Pharmacy Board, and Texas Dental Board tend to heavily scrutinize and frequently deny applicants with a felony. The Texas Education Agency / State Board of Educator Certification similarly sets high standards for applicants with a serious criminal history.

One also considers whether the applicant has shown evidence of rehabilitation, such as serving probation, counseling, or having a clean record for a number of years, according to the Texas Department of Licensing and Regulation details these determinations and the criteria used by various boards.

Can I Get a Texas Professional License if I Have a Felony Conviction?

The short answer is maybe. Fortunately, there is no blanket bar in Texas that prevents a convicted felon from obtaining a professional license. It all depends on the licensing board and its policies, the specific offense at issue, and the facts underlying the offense. Evidence of rehabilitation and the applicant’s good professional character are also important. The licensing agency will also consider the length of time that has passed since the offense, the person’s age at the time of the offense, and whether the applicant has successfully completed the terms of any probation or community supervision. In any situations involving alcohol or substance abuse, the applicant’s subsequent completion of treatment and good recovery are highly relevant.

Does Texas Allow Convicted Felons to Practice Medicine?

It is possible to obtain a healthcare license even with a felony conviction. Applicants must generally prove their rehabilitation through such programs as substance abuse treatment, provide character references, or prove a number of years of good behavior. Licenses can also be issued conditionally, including probationary periods or monitoring.  

What if I Have A Pending Felony Charge?

In Texas, criminal charges related to felonies can go unsettled for months or even years, depending on how complex the case is. Many factors can delay the proceedings, including the court schedule, availability of evidence, and legal motions filed by attorneys. Pending charges are very uncertain for individuals looking to gain professional licenses since most licensing boards require that a resolution be reached before applications are processed. In most circumstances, a licensing agency will not issue a license to an applicant with an unresolved felony charge. As noted by the Texas Criminal Justice Coalition emphasizes the importance of addressing prolonged delays to guarantee fair opportunities for professionals.

What Is a Felony in Texas?

A felony, under Texas law, is a more serious crime that may involve imprisonment or heavy fines. In general, there are five classes of felonies in Texas: capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies. Each of these has different punishments that may affect licensing decisions. 

What Should I Do if I Am Facing Felony Charges as a Professional?

If you are already licensed and are charged with a felony, it is imperative to seek legal advice immediately for the protection of your license and future job opportunities. If nothing else, a professional licensing attorney can help guide you and your criminal attorney on the likely consequences of a felony conviction versus a possible plea bargain.

An experienced attorney can also:

• Help you determine when a criminal charge or conviction needs to be reported to your licensing board;
• Help prevent you from harming yourself through over-disclosure in either the criminal or licensing proceeding.
• Help you develop mitigating evidence and other proof of rehabilitation;
• If alcohol or substance use is at issue, help you navigate and enroll in your professional’s official peer assistance program;
• Provide representation during hearings with licensing boards;

Protect Your Career with Expert Legal Assistance

Applying for a professional license with a felony on your record is always a daunting process. Even more stressful is receiving a felony charge while already holding a professional license. At Lype Dest Smith Lawyers, we’re here to guide you through these challenges. Trust our team to protect your career and handle Texas licensing laws with care.

Dan Lype

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
Bar number: 24065658
Location: Austin, TX