If you're a licensed healthcare professional in New York and you've been arrested, the consequences can extend far beyond the courtroom. For nurses, even an arrest without formal charges or a conviction can put your license at risk.
The New York Office of Professions (OP) is responsible for regulating nursing licenses and ensuring public safety. Following an arrest, the OP can launch an investigation and may take disciplinary action that could restrict or even revoke your ability to practice.
Many nurses focus solely on the criminal side of their case, not realizing that defending a professional license involves a completely different legal approach. Most criminal defense attorneys don't have the background needed to navigate licensing board investigations.
To fully protect your career, hire the Lento Law Firm's Professional License Defense Team. We know how OP investigations work and how to defend your license at every stage. Call us at 888-535-3686 or complete our online form to schedule a consultation.
Arrests and Criminal Penalties in New York
Getting arrested doesn't necessarily mean that you'll be charged with a crime and convicted, but usually, an arrest leads to a charge. The penalties for criminal convictions in New York vary depending on how serious the crime is.
Misdemeanors are less serious and classified into three types:
- Class A: Up to one year in jail and $1,000 in fines. Some examples are petit larceny and unlicensed gun possession.
- Class B: Up to three months in jail and up to $500 in fines. Some examples include unlawful assembly and prostitution.
- Unclassified: Between 16 days and one year in jail. Examples are aggravated unlicensed driving, driving while impaired (DWI), and reckless driving.
Felonies are serious crimes that carry more severe penalties:
- Class A: 20-25 years, up to life imprisonment
- Class B Violent: 5-25 years in prison
- Class B Non-Violent: 1-3 years standard sentence and up to 25 years in prison
- Class C Violent: 3.5-15 years
- Class C Non-Violent: 1-2 years average and up to 15 years
- Class D Violent: 2-7 years
- Class D Non-Violent: 1-3 years average and up to 7 years
- Class E Violent: 1.5-4 years
- Class E Non-Violent: 15 months to four years
A conviction, regardless of its severity, can have consequences for your nursing career. Even if you avoid jail time, you may still be required to complete court-ordered obligations like community service or counseling, which can be difficult to manage alongside the demands of a nursing career.
On top of the criminal case, the OP can also learn about your situation through employers, coworkers, insurance providers, or other sources and sanction your nursing license. You could ultimately be barred from practicing nursing.
Once the OP becomes aware of your arrest, it typically launches its own independent investigation to determine whether disciplinary action is necessary. Although it may review your criminal case, its decisions are separate from those of the court. Even if you're acquitted of the charges, you could still face professional consequences that impact your license.
Self-Reporting an Arrest to the New York Office of Professions
In New York, you're not legally required to immediately self-report an arrest. You do have to report it, as well as any convictions, when you renew your nursing license, however. Also, once you're fingerprinted, details about your arrest may automatically be shared with agencies like the Office of the Professions.
Even though you're not obligated to report an arrest right away, that doesn't mean staying silent is always the best option. Whether or not to self-report can depend on several factors, such as whether a conviction is likely or has already occurred.
You don't have to make these decisions alone. The Lento Law Firm's Professional License Defense Team is here to help you understand your options and guide you through the next steps after an arrest as a licensed nurse in New York.
Employer Policies
You may not be required to report your arrest, and our attorneys can help you determine whether self-reporting is necessary in your specific situation.
However, it's also important to check your employer's policies regarding arrest reporting. While failing to report an arrest might not directly affect your license, it could still impact your employment.
Some employers require staff to report any arrests, and not following that policy could put your job in jeopardy. While it might feel uncomfortable to disclose this information, being upfront is often far less damaging than being found in violation of company policy.
Potential Consequences for Your Nursing License After an Arrest
In New York, the Office of the Professions has several disciplinary options when addressing cases of professional misconduct—and being arrested potentially counts as misconduct.
If you're a nurse convicted of a crime, you could face one or more of the following penalties from the OP:
- Censure and reprimand
- Suspension of your nursing license
- Revocation of your license
- Annulment of your license or registration
- Restrictions on your ability to obtain future licensure
- Fines of up to $10,000
- Mandatory completion of an educational or treatment program
- Up to 100 hours of public service
These penalties often come with conditions. For example, a suspended license might be reinstated after a specific timeframe or upon successful completion of treatment or training. In some cases, discipline may go further. For instance, you could regain your license but be required to practice under supervision during a probationary period.
While there's no guaranteed way to predict the exact outcome, reviewing your case with an attorney can give you a clearer picture of what to expect. At the Lento Law Firm Professional License Defense Team, we're here to answer your questions and help you understand the potential consequences based on your specific situation.
New York Office of Professions Investigations
An arrest won't just disappear, and hoping it goes unnoticed won't protect you from possible consequences for your nursing career. Eventually, you may have to report it to the OP, or someone else might report it.
If the Office of Professions becomes aware of potential misconduct, it will initiate an investigation. Here's what typically happens:
- The OP reviews complaints and reports to decide if an investigation is necessary. If there's no jurisdiction or clear violation, the case may be closed.
- If the investigation moves forward, an investigator is assigned. In most cases, they'll reach out to you about the investigation, unless your knowing about it would somehow compromise the case.
- If you've hired legal representation, you should let the investigator know they'll be handling communications. The Lento Law Firm can take care of this step for you.
- The investigator will gather evidence, which may include police reports, witness interviews, and other relevant materials.
- You'll have a chance to respond to the allegations, either in writing or through an interview.
- The OP may request additional information at any point in the process. Timely responses are crucial, as failure to comply could lead to further disciplinary action.
- After completing the investigation, the findings are submitted to the OP, which will decide if you should be disciplined.
Having the Lento Law Firm's Professional License Defense Team handle communication with investigators is ideal. Our focus is on protecting your license and defending your career, so you can focus on moving forward with confidence.
Mitigating Factors in a Nurse Arrest Investigation
When determining how to discipline a nurse for an arrest or similar professional misconduct, the Office of Professions may take several factors into account. These factors can influence the severity of the penalty and may include:
- Whether you have a prior history of professional misconduct or if this was a one-time incident
- Your overall professional performance and reputation
- Voluntary participation in an educational or rehabilitative program (if applicable)
- The seriousness of the violation itself
If the arrest was for a DWI you may also be eligible to participate in the Statewide Peer Assistance for Nurses (SPAN) program, a voluntary substance abuse treatment option.
The Lento Law Firm Professional License Defense Team understands what licensing boards look for when evaluating mitigating circumstances. Our attorneys can gather and present evidence on your behalf to demonstrate why a more lenient outcome may be justified in your case.
The Office of Professions Investigation Differs from a Criminal Case
Even if you aren't convicted of a crime, the Office of Professions can still pursue disciplinary action. These proceedings are very different from criminal cases, and many standard criminal defense attorneys aren't familiar with the rules and processes involved in professional licensing matters.
Here's how disciplinary cases before a nursing board differ:
- Lower Burden of Proof: The Board doesn't need the same level of evidence required for a criminal conviction to impose sanctions.
- No Fixed Timeline: Unlike the criminal court system, regulatory investigations aren't bound to strict deadlines. They can move quickly or stretch out for months.
- Different Procedures: You won't go through a jury trial. Licensing investigations follow their own process, and the outcome is decided by the Office of Professions.
- More Flexible Evidence Rules: The OP can consider evidence that wouldn't be allowed in criminal court. Its main focus is whether you remain fit to practice safely, not whether you broke the law.
The Lento Law Firm's Professional License Defense Team defends nurses and other licensed professionals before regulatory boards. We proudly represent healthcare workers across New York.
New York and the Nursys System
Nursys is a national information-sharing platform that connects nursing boards across the country, including in New York. It allows them to quickly and securely exchange details about licensed nurses. If you're a nurse moving from one Nursys-participating state to another, you may not need to go through the full re-licensing process.
However, Nursys doesn't just share licensure data, it also distributes information about disciplinary actions. In New York, as in many other states, any enforcement action taken by the licensing board is made public and typically shared with other states participating in Nursys. This means that if you're disciplined due to an arrest or conviction, it could affect your ability to get licensed or find employment both in New York and other states.
While these consequences may not be permanent, they can slow down your career and create significant roadblocks. At the Lento Law Firm, our Professional License Defense Team is committed to helping you reach an outcome that protects your license and minimizes damage to your professional future.
What Can a Professional License Defense Firm Do for You?
If you're a nurse in New York facing potential disciplinary action due to an arrest, we're here to support you through every step of the process. Our team can assist in several key ways, including:
- Reviewing your situation and answering your initial questions during a free consultation
- Managing all communication with the licensing board and other involved parties to minimize the risk of saying something that could hurt your case
- Collecting evidence and documentation of mitigating factors, and negotiating with the board to seek fair and reasonable outcomes
- Guiding you through alternative options (such as substance abuse programs if you're charged with a DWI) and explaining how participation might impact the disciplinary measures taken by the Office of the Professions
- Clearly explaining any disciplinary decisions so you fully understand your responsibilities and what's required to move forward
Facing the possibility of losing your nursing license can feel overwhelming. But you don't have to face it alone. Let us help you move forward with confidence and peace of mind.
Contact the Lento Law Firm to Defend Your Nursing License
Don't let the career you've built crumble after an arrest. Get in touch with legal professionals who understand investigative and disciplinary procedures for licensed healthcare professionals in New York. Call the Lento Law Firm today at 888-535-3686 or send us your information via our online form so we can get started.
