Free Case Consultation (928) 753-6868

Legal News

Criminal Arrest, Convictions and Professional Licenses

Posted by Shawn Hamp | Mar 08, 2016 | 0 Comments

3

How do Arrests & Convictions Affect Professional Licenses in Arizona?

Professional Discipline Hearings in Arizona

If you're a licensed professional in Arizona – like a doctor or teacher or real estate broker – your livelihood may be in jeopardy for sustaining certain kinds of criminal convictions.

State licensing boards review court records, fingerprint checks and investigate complaints to determine the eligibility of individuals that have professional licenses. Professionals with criminal violations can face license revocation and suspension.

Certain professions and secondary vocation programs require that individuals must obtain a fingerprint clearance card to be eligible for employment or security clearances for sensitive positions.

It is important to know how a criminal arrest and conviction could impact your professional career.

Licensed Health Care Professionals Board Discipline

Under Arizona law, health care professionals are the most at risk of losing their professional licenses if arrested or convicted of a crime.

Title 32 of the Arizona Revised Statutes regulates health care professionals in Arizona.

Related:  See List Of Health Care Professionals Regulated Under A.R.S. 32-3101.

Pursuant to A.R.S. 32-3208, a health professional who has been charged with a misdemeanor involving conduct that may affect patient safety or a felony after receiving or renewing a license or certificate must notify the health professional's regulatory board in writing within ten working days after the charge is filed.

Reportable Misdemeanors include but are not limited to the following:

  • Endangerment 13-1201
  • Assault 13-1203
  • Simple DuI 28-1381
  • Extreme DUI 28-1382
  • Disorderly Conduct 13-2904
  • Theft 13-1802
  • Shoplifting 13-1805
  • Prescription Drugs 13-3406

Failure to report an incident may subject that person to an independent disciplinary violation and a civil fine of up to $1,000.00.

A.R.S. 32-3208 – Criminal charges; mandatory reporting requirements; civil penalty

A. A health professional who has been charged with a misdemeanor involving conduct that may affect patient safety or a felony after receiving or renewing a license or certificate must notify the health professional's regulatory board in writing within ten working days after the charge is filed.

B. An applicant for licensure or certification as a health professional who has been charged with a misdemeanor involving conduct that may affect patient safety or a felony after submitting the application must notify the regulatory board in writing within ten working days after the charge is filed.

C. On receipt of this information the regulatory board may conduct an investigation.

D. A health professional who does not comply with the notification requirements of this section commits an act of unprofessional conduct. The health professional's regulatory board may impose a civil penalty of not more than one thousand dollars in addition to other disciplinary action it takes.

E. The regulatory board may deny the application of an applicant who does not comply with the notification requirements of this section.

F. On request a health profession regulatory board shall provide an applicant or health professional with a list of misdemeanors that the applicant or health professional must report.

Finger Print Clearance Cards and Criminal Background Checks

Many professions or security sensitive vocations require security clearance under Arizona Law and require that a certified finger print clearance be submitted and obtained to be eligible for different types of employment involving the public welfare.

These professions that require an Arizona Finger Print Clearance Card include:

  • Teachers
  • School Volunteers
  • Little League Coaches
  • Children's Behavioral Health Program Worker
  • Childcare worker
  • Clinical Assistant
  • DV Victim's Shelter Worker
  • Juvenile Probation Services
  • Juvenile Corrections Officer
  • Nursing Care Administrator
  • Nursing Home Employee, Owner, Contractor
  • Driving School Owner
  • Real Estate Salesperson or Broker
  • State Department of Emergency
  • Vocational Students (aka nursing)
  • Students – Post Secondary Health Education
  • Teacher Charter and Public

Some professions require a more extensive background check and higher security clearance called a “Level 1 Clearance”, these professions include:

  • Adoptive Parent
  • Board of Fingerprinting members and employees
  • Child Care Group Home Employees
  • Child Care Providers
  • CPS Employees
  • Day care home providers
  • DES Contractors, employees

In addition to most felony offense many common criminal misdemeanor offenses will make a person ineligible to receive a finger print clearance card including such common offenses as assault, DUI, theft, shoplifting, possession of drugs, criminal damage, domestic violence.

See Related: A.R.S. 41-1758.07 and A.R.S. 41-1758.08, List Offenses Ineligible for Fingerprint Card Clearance

Save Your Career, Save Your License, Call A Lawyer

Untitled design 3
Attorneys Shawn Hamp and Virginia Crews.

If you are ever charged with a crime our Arizona Criminal Defense Lawyers can help.  We represent people accused of crimes and have experience helping professionals to avoid losing their licenses.  We can help you understand what is going on and get the full benefit of your rights.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

Menu