You might want to forget about that time you got caught driving under the influence 10 years ago. Or wipe away all memory of your lapse in judgment that led you to shoplift as a teen.
You're grown up now, and you make better decisions. You have a lot to show for it. You've gone through school. You've worked hard to earn your degree (or multiple degrees), pass grueling exams and certifications, and take your hard-won place in your vocation of choice.
You're ready to apply for your professional license – but there's one problem. The application asks about criminal history. Can you pretend you didn't see that paragraph? Cross your fingers and hope it doesn't come to light? Assume that since you were underage at the time, or since your case was expunged, it won't turn up on a background check?
Don't wait to seek help if you believe you may have omitted important information from your professional license application, whether intentionally or by mistake, or if you are unsure whether disclosure of a past offense is necessary. Contact the Professional License Defense Team at the Lento Law Firm Team today at 888.535.3686 or use our automated response form.
Don't Bury Your Head in the Sand
So you're human. You made a mistake in your past that you'd rather not disclose on your professional license application. This is understandable. However, most professional licensing boards require you to disclose past criminal offenses. Failing to do so could cost you your professional license. If a professional licensing board finds that you lied through omission, they could decide not to issue you your license, or they could revoke it if the facts surface later on. It's important to talk with the Professional License Defense Team at the Lento Law Firm right away if you are in a situation like this to ensure you protect yourself and your career success.
So, This is the Fine Print?
If you've applied for a professional license before, you should be familiar with the language, making it clear that any errors, omissions, or inaccuracies could be grounds for disqualification. As much as it may pain you to think about it, it's better to be transparent and explain something embarrassing or shameful than try to conceal it.
But isn't it illegal to deny someone employment based on someone's criminal history? While laws exist barring employers from discriminating based on someone's arrest or conviction record, two things are important to note.
First, if the circumstances relate to the specific job type, you could be denied employment. And second, fair employment statutes don't protect you if you lie on a professional license application, or leave off a criminal record when asked for it. That could cost you your job.
For example, the Wisconsin Department of Safety and Professional Services' Division of Professional Credential Processing requires license seekers to submit a “Convictions and Pending Charges” form with their application if they have an arrest or conviction record. The form states:
“I understand that credentialing authorities may view acts of omission as dishonesty and that … all the information, which I provided above, is true in every respect. I understand that false or forged statements made in this document or in connection with an application for a credential, or failing to provide relevant information, may be grounds for denial of an application, revocation of a credential granted to me, or criminal prosecution.”
Case in Point
A case titled, In the Matter of the Application of Y.L., is one example in which a professional license applicant was denied a license by her state Board of Massage and Bodywork Therapy because she failed to disclose that she had been arrested years earlier.
The applicant sued the Board and lost. While she claimed she didn't intend to deceive, the court ruled that “negligent misrepresentation is a legally sound concept.”
The lesson here is that application errors – unintentional or not – can cost you your career. If you realize you have made a similar error on a license application you've submitted, you need to seek legal help immediately before it's too late.
Recommended But Not Required?
In some areas, disclosing a criminal background on a professional license application is highly recommended. It's made clear that leaving off relevant information may not guarantee you'll lose your license, but it's implied that your character may be called into question if it's discovered that you failed to disclose a prior arrest or conviction. Don't let gray-area statutes and policies ruin your career and everything you've worked toward.
The Lento Law Firm Can Protect Your License
The Professional License Defense Team at the Lento Law Firm understands how seriously you take your ethical responsibilities and that mistakes – whether made just yesterday or years ago – shouldn't prevent you from achieving the success you've worked toward. If you fail to disclose something important to your state licensing board application, you need to take immediate steps to protect yourself.
We know the law, and we're experienced in representing professionals nationwide and negotiating with state licensing boards. To learn how we can help, contact the Lento Law Firm Team today at 888.535.3686 or use our automated response form.
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