When a licensed professional is arrested, the fear of jail time is often eclipsed by a much larger, more devastating fear: Am I going to lose my career?
If you are a nurse, doctor, teacher, pharmacist, or real estate agent in Ohio, you have invested years of your life and tens of thousands of dollars into your education and training. Your state-issued license is the foundation of your livelihood. At Gounaris Abboud, LPA, we understand that for professionals, a criminal charge is a two-front war. You must fight the charges in criminal court while simultaneously defending your license before an administrative board.
Navigating the intersection of criminal law and administrative licensing law requires extreme caution. A mistake in one arena can completely destroy your standing in the other.
The Threat of Disciplinary Action
In Ohio, state licensing boards—such as the State Medical Board of Ohio, the Ohio Board of Nursing, and the State Board of Education—wield immense power over their licensees. They have the authority to investigate, reprimand, suspend, or permanently revoke your license if you run afoul of their ethical standards.
The type of criminal charge you are facing will dictate how aggressively the board responds.
- Drug and Alcohol Offenses: Charges like OVI (Operating a Vehicle Impaired), public intoxication, or drug possession are massive red flags for medical professionals and teachers. Boards view these offenses as potential indicators of substance abuse disorders that could endanger patients or students. Even a first-time OVI will likely trigger a board investigation and may result in mandatory monitoring or treatment programs.
- Crimes of Dishonesty (Moral Turpitude): Offenses such as theft, fraud, embezzlement, or forgery are considered “crimes of moral turpitude.” Licensing boards view these crimes as fundamental breaches of the trust required to hold a professional license. A conviction for a theft crime can be fatal to a career in medicine, finance, or law.
- Violent Crimes and Sex Offenses: Convictions for domestic violence, assault, or any sex offense will almost certainly result in the immediate suspension or revocation of a teaching or medical license, as these boards prioritize the physical safety of the public.
The Danger of Mandatory Reporting
One of the biggest traps licensed professionals fall into is the issue of mandatory reporting. Many licensing boards in Ohio require you to self-report criminal convictions, and in some cases, even mere arrests or indictments.
For example, the Ohio Board of Nursing has strict rules regarding the reporting of interactions with the criminal justice system, often requiring notification within 30 days. Failing to report an incident can result in separate, independent disciplinary action for “failure to disclose,” even if the underlying criminal charges are eventually dismissed.
However, you must be incredibly careful about what you say to your board and when you say it. Any statements you make to an administrative investigator can potentially be subpoenaed and used against you by the prosecutor in your criminal case. This is why you should never speak to a board investigator without consulting a defense attorney first.
A Unified Defense Strategy
When defending a licensed professional, the strategy must look beyond just avoiding jail time. We must resolve the criminal case in a way that minimizes the administrative fallout.
Sometimes, a prosecutor will offer a plea deal to a lesser charge that sounds appealing in criminal court, but is actually a “disqualifying offense” under your specific licensing board’s rules. A skilled criminal defense lawyer will analyze every potential plea offer through the lens of your professional license. Whenever possible, our goal is to fight for an outright dismissal, a diversion program that does not result in a conviction, or a reduction to a minor charge that does not trigger mandatory board discipline.
Frequently Asked Questions
Do I have to report an arrest to my Ohio professional licensing board?
It depends on your specific board’s regulations. For example, the Ohio Board of Nursing recently updated rules requiring the reporting of many criminal justice interactions within 30 days. You should consult an attorney before making any statements to your board.
Can I lose my nursing or teaching license over a first-time OVI?
While a single misdemeanor OVI does not always result in automatic revocation, it will trigger an investigation by your licensing board. You may face disciplinary action, mandatory substance abuse treatment, or a probationary period on your license.
What are “crimes of moral turpitude” in Ohio?
Crimes of moral turpitude generally involve dishonesty, fraud, or intentional harm to others (such as theft, embezzlement, or serious assault). These offenses are highly scrutinized by licensing boards and often lead to severe disciplinary action.
Contact Our Dayton Defense Attorneys
If your career is on the line due to criminal charges, you cannot afford to hire an attorney who only understands half the battle. The team at Gounaris Abboud, LPA has extensive experience defending nurses, doctors, teachers, and other licensed professionals in both criminal court and before administrative boards.
Protect your license and your livelihood. Contact us immediately for a confidential consultation, or visit our homepage to learn more about how we protect Ohio professionals.