An arrest in Illinois, regardless of the specific charge, can have consequences beyond the immediate legal issues. For nurses, even an arrest without conviction can place your professional future in jeopardy.
The Illinois Department of Financial and Professional Regulation (IDFPR) gives the Nursing Board the authority to oversee nursing licensure in the state and has a mandate to protect public safety. Following an arrest, the Board has full authority to initiate disciplinary proceedings that could restrict or terminate your nursing practice.
Many nurses make the mistake of focusing solely on the criminal case, not realizing that defending your professional license requires a different approach. Traditional criminal defense attorneys often lack experience with regulatory board proceedings, potentially leaving your nursing license without an adequate defense.
To protect your professional future, hire the Lento Law Firm Professional License Defense Team. We know how to navigate Board investigations and hearings to protect your nursing career. For a consultation about your situation, call us at 888-535-3686 or reach out through our online form today.
Arrests and Criminal Penalties in Illinois
If you get arrested in Illinois, you may not necessarily face criminal penalties. You'd have to be charged with a crime and convicted first. The punishment depends on the severity of the crime and could range from a fine to years in prison.
In Illinois, you could get charged with a misdemeanor for a less serious crime or a felony for a more severe one. Misdemeanors are further divided into classes:
- Class A: Up to one year in jail and a fine of up to $2,500
- Class B: Up to six months in jail and a fine of up to $1,500
- Class C: Up to 30 days in jail and a fine of up to $1,500
- Petty: No jail time and a fine of up to $1,000
- Business: No jail time and a fine of any amount specified
Felonies in Illinois carry much harsher penalties:
- Murder: 20 years to life imprisonment for a standard sentence or up to 100 years for an extended term
- Class X: 6-30 years standard sentence and up to 60 years for an extended term
- Class 1: 4-15 years standard sentence and up to 30 years extended term
- Class 2: 3-7 years standard sentence and up to 14 years extended term
- Class 3: 2-5 years standard sentence and up to 10 years extended term
- Class 4: 1-3 years standard sentence and up to 6 years extended term
Every felony class also carries a potential fine of up to $25,000.
A conviction, whether for a misdemeanor or a felony, can have serious consequences beyond the criminal penalties. Even if you avoid jail time, you may still have court-ordered obligations like community service or counseling, which can be challenging to manage alongside the demanding schedule of a nursing career.
You'll also have to contend with the Nursing Board. If your arrest leads to a conviction, you may be required to report it. Even if self-reporting isn't mandatory, your employer, a colleague, your insurance provider, or another party could bring it to the Board's attention.
Once the Board becomes aware of the arrest, it will likely launch an independent investigation to determine if disciplinary action is necessary. While the Board may consider your criminal case, its decision is separate from the court's ruling. Even if you're acquitted of the charges, you could still face licensing sanctions that impact your ability to practice as a nurse.
Reporting Your Arrest to the Board
The hours and days following an arrest can be overwhelming. As you consider your options, you might wonder whether you should proactively inform the Nursing Board or wait until they reach out to you.
Under Illinois regulations, nurses aren't required to report an initial arrest to the Board. However, you must report any “adverse final action taken” against you, such as convictions, guilty pleas, or similar outcomes. The Board has the authority to impose disciplinary measures against nurses who fail to report these required legal developments in a timely manner.
Although you may not be required to report your arrest to the Board, it doesn't mean it won't come to their attention. The Board can still learn about your arrest through background checks, complaints, or other reporting channels. If it determines that the incident raises concerns about your professionalism, ethics, or ability to provide safe patient care, it may launch an investigation. Even if reporting isn't required, it's essential to understand how an arrest could impact your nursing license and take steps to protect your career.
Before deciding whether to report an arrest, consult with our Professional License Defense Team. We can assess your situation, anticipate how the Board might respond, and help you determine the best course of action. If reporting isn't mandatory, we'll advise you on whether disclosing the arrest is in your best interest and ensure you still fulfill all licensing requirements.
Possible Disciplinary Sanctions for Nurses in Illinois
The Nurse Practice Act in Illinois grants the Board broad authority to discipline nurses who violate its terms. Depending on the nature of your arrest, it could be considered a violation and potentially lead to serious professional consequences.
Possible disciplinary actions the Board may impose include:
- Reprimand: A formal reprimand is one of the least severe penalties, but it becomes part of your record and is often publicly reported, which could affect future job opportunities.
- Fines: If the Board finds you in violation, you may be required to pay fines in addition to any penalties from the criminal court.
- Temporary License Suspension: You could have a temporary suspension of your nursing license. Reinstatement may require waiting a set period or completing conditions such as a substance abuse evaluation or education program.
- Probation: During a probationary period, a nurse may be required to work under supervision and comply with specific restrictions.
- Denial of License Issuance or Renewal: An arrest and subsequent conviction could prevent the Board from issuing a new license or renewing an existing one.
- License Revocation: In the most severe cases, the Board may revoke your nursing license, requiring you to go through the licensing process again if you wish to continue practicing.
This information isn't meant to alarm you but to stress the importance of seeking legal representation as soon as possible after an arrest. The Lento Law Firm Professional License Defense Team is here to protect your career and help build the strongest defense possible. The sooner you take action, the better your chances of minimizing the impact on your nursing license.
When determining sanctions, the Board considers several mitigating factors. If this arrest is your first offense as a licensed nurse, you have no prior arrests, or the incident was relatively minor, the Board may opt for a reprimand or probation instead of revoking your license.
However, for these factors to work in your favor, they must be presented effectively. The Professional License Defense Team at the Lento Law Firm can help build a strong defense by gathering relevant mitigating evidence and presenting it in a way that supports your case.
How the Board Will Investigate Your Arrest
You should assume that your arrest will have an impact on your nursing career—it won't simply disappear, and hoping no one notices isn't a strategy. At some point, someone may report it to the Board, which could put your license and career at risk.
When the Board becomes aware of potential misconduct, it initiates an investigation. Here's what you can expect:
- The Board first reviews complaints and reports to determine if an investigation is necessary. If there is no jurisdiction or clear violation, the case may be dismissed.
- If the Board moves forward, an investigator is assigned. In most cases, they will contact you using the information on file unless doing so would interfere with the investigation.
- If you have legal representation, your attorney should submit a Letter of Representation to formally notify the investigator that they're handling the case. The Lento Law Firm can take care of this for you if you choose to work with us.
- The investigator gathers evidence, including witness interviews, police reports, and any other relevant materials.
- You have the opportunity to respond to allegations, either through a formal letter or an interview.
- The Board may request additional information during the investigation. It's crucial to respond promptly, as failing to do so could lead to further disciplinary action. Consulting with our attorneys before responding is always advisable.
- Once the investigation is complete, the findings are presented to the Board, which will decide whether disciplinary action is necessary.
Having the Professional License Defense Team at the Lento Law Firm handle all communication with investigators and Board members is a smart move. Our experience ensures that your defense is presented effectively at every stage of the process. With our legal team advocating for you, you can focus on your future instead of worrying about how to navigate the investigation.
Illinois Nurses and Nursys
Most state nursing boards, including the Illinois Nursing Board, participate in the Nursys system, a national database for nursing licensure and disciplinary records.
Nursys allows state licensing boards to share information, making it easier for nurses to practice in other states. When a nurse moves to a different Nursys-participating state, their licensing information is already available, which can help streamline or even expedite the licensing process. This system benefits nurses who want the flexibility to work in multiple states.
However, Nursys also tracks and shares disciplinary actions, meaning that if a nurse faces disciplinary measures for an arrest or other violation in Illinois, it could affect their ability to secure employment both within the state and elsewhere. If you want to keep your future employment opportunities open, it's critical to work with our Professional License Defense Team to minimize the impact of the disciplinary actions against you.
Why You Need a Professional License Defense Attorney
Even without a criminal conviction, you may still face disciplinary action from the Board. Standard criminal defense attorneys often lack the knowledge needed for licensing matters, as these proceedings operate under different rules:
- The Board requires less evidence to impose disciplinary measures than what's needed for criminal conviction.
- Unlike criminal cases, there are no timeframe requirements for regulatory investigations. The process might conclude in days or extend for months at the Board's discretion.
- Evidence standards differ significantly in regulatory proceedings. The Board may consider information that wouldn't be admissible in criminal court. While prosecutors must prove law violations, the Board focuses on determining if you can safely practice nursing.
The Lento Law Firm's Professional License Defense Team represents nurses facing allegations before licensing authorities. We provide defense services to nurses throughout Illinois who work at major healthcare institutions across the state, including:
- City of Hope Cancer Center Chicago (Chicago)
- Northwestern Medicine-Northwestern Memorial Hospital (Chicago)
- Advocate Christ Medical Center (Oak Lawn)
- Endeavor Health NorthShore Hospitals (Evanston)
- Advocate Lutheran General Hospital (Park Ridge)
- Northwestern Medicine Central DuPage Hospital (Winfield)
If you're a nurse working anywhere in Illinois, not just at the facilities listed above, the Lento Law Firm can help you defend your license from disciplinary action.
Call the Lento Law Firm for License Defense After an Arrest
Your nursing career represents years of dedication and a genuine desire to care for others. When facing potential license issues in Illinois, you need guidance to protect everything you've worked for.
After an arrest, the Board may threaten your ability to practice. Don't wait to seek help. The Lento Law Firm's Professional License Defense Team helps protect healthcare careers like yours. Preserve your right to practice nursing by calling us at 888-535-3686 today. You can also submit your information via our online form.
