Professional Criminal Defense Attorney Austin & Houston, TX

Texas Laws on Licensing and Criminal Convictions

Criminal convictions of any kind can result in very serious consequences for any licensed professional. In fact, convictions may lead to a revocation or suspension of one’s license. If you are facing charges in the criminal justice system, working with skilled criminal lawyers is a must.

According to the Texas Occupations Code § 53.021, licensing authorities may suspend or revoke a professional license, deny a license application, or deny one’s ability to take a license exam for the following convictions.

• Offenses that relate directly to the responsibilities and duties of the occupation
• Offenses that do not relate to the occupation, but that were committed less than five years before the date someone applies for a license
• Sexually violent offenses
• Offenses involving the following:
  • Aggravated robbery
  • Burglary
  • Aggravated sexual assault
  • Compelling prostitution
  • Aggravated kidnapping
  • Criminal solicitation
  • Indecency with a child
  • Injury to children, elderly persons, or disabled persons
  • Human trafficking
  • Murder

Licensing authorities may not consider a person to have been convicted if they meet the following requirements.

• They entered a guilty or nolo contendere plea.
• The judge placed the individual under the supervision of the court after deferring proceedings and without entering a formal judgment or guilt. This is also known as deferred adjudication.
• The judge dismissed the proceedings and discharged the individual once the period of supervision ended.

NOTE: The exceptions listed above to not apply for those in public health, law enforcement, safety services, education, or financial services occupations.

Professional Licensing for Applicants with Criminal Convictions in Texas

If someone has a brush with the criminal justice system, this may make it more difficult for them to apply for professional licenses in the future. Many license applications specifically require applicants to submit relevant information about past criminal convictions. Those who do have a criminal record may have their applications denied.

For this reason, working with a skilled criminal defense attorney for your case is a must. If you are a professional facing criminal charges, our attorneys will investigate your case and craft a strong defense on your behalf.

If you already have a criminal conviction on your record when you apply for a license, one of two things can happen. First, an attorney assigned to your case by TDLR could outright approve your application. In this case, they will return your application with a memorandum that informs you of their decision.

Alternatively, the attorney may deny your application based on a past criminal conviction. They will then mail you a letter of denial that states the basis for the denial, the statutory authority for the denial, and explains the option to challenge the denial.

Once the hearing is scheduled and conducted, an administrative law judge submits a proposal for a decision to the Commission of Licensing and Regulation. It is extremely important to work with a skilled Austin and Houston criminal defense attorney, as these cases can be highly complex.

Criminal Accusations Related to Professional Practices

In the past few years, professionals have come under increased scrutiny by state and federal law enforcement agencies. This has resulted in many more prosecutions against licensed professionals. Defending the accusations requires not only experience in state and federal criminal defense, but also a thorough understanding of the administrative laws and regulations governing professional practices.

Often, the prosecutor’s case turns on whether the individual has observed the prevailing practice standards for their particular discipline. Leichter Law is uniquely qualified to represent professionals in criminal matters relating to their practices. This is because of the firm’s experience in both the administrative and criminal law fields. Our experience includes representation in the following matters:

• Insurance Fraud Including Medicare, Medicaid, and Private Insurers (billing fraud, including allegations of upcoding, and unnecessary or fraudulent services)
• Illegal kickback schemes involving medical providers, pharmacies, and suppliers
• Drug Diversion
• Non-therapeutic prescribing and dispensing of controlled substances including “pill mill” allegations
• Prescription Fraud
• Offenses involving misbranded drugs and other products
• Financial Offenses Including Theft, Embezzlement, Taxation Offenses, Money Laundering, and Currency Transaction Offenses
• Allegations of Sexual Misconduct Involving Patients

Accusations Resulting from Personal Conduct

Many professionals may, unfortunately, find themselves under investigation for or accused of criminal offenses not directly related to their practices. Because of the potential impact on licensure, as well as the prospect of loss of liberty, these matters are very serious and should be handled by a skilled Houston and Austin criminal defense lawyer. The Leichter Law Firm has extensive experience handling all types of criminal accusations. Our experience includes, but is not limited to, representation on the following matters:

• Driving While Intoxicated
• Intoxication Assault
• Intoxication Manslaughter
• Drug Possession, Manufacturing & Delivery
• Obtaining Controlled Substances by Fraud and Deceit
• Family Violence Assault
• Offenses Involving Death (Murder, Manslaughter, Criminally Negligent Homicide)
• Offenses Involving Sexual Misconduct
• Felony Convictions

Criminal Law and Licensure

Criminal law and the multitude of issues which surround an arrest, indictment, trial conviction, plea agreement, probation, jail time, or a final conviction weigh heavily upon an administrative agency’s decision to pursue misconduct charges. In many cases, the decision is directed by statute, and the misconduct, suspension, or revocation proceedings following a criminal conviction are required as a matter of law.

Therefore, when a licensed professional is facing criminal charges, it is imperative that he or she hire representation familiar with criminal practice and procedure as well as the repercussions that a given plea agreement or even trial could have on the professional’s license. In many instances, certain convictions, whether for deferred adjudication or straight community supervision, require a mandatory suspension or revocation of the licensee’s license.

How a Criminal Conviction Can Affect a License

Some agencies require, upon a conviction for specific offenses, that the license be revoked unless the licensee can show that it is in the best interest of society as well as the licensee that they maintain the license.

It’s important for a licensee charged with a criminal offense to seek Austin and Houston criminal defense lawyers with experience in Texas administrative law. During your free consultation with Leichter Law, we explain the implications of criminal charges and plea agreements on license renewals and applications.

Types of Criminal Cases That May Affect Your License

Not all charges or convictions will lead to a denial, revocation, or suspension of license. However, many crimes do lead to this result, some of which are misdemeanors. Licensed professionals have faced serious career consequences in the following types of criminal cases.