Professional, Vocational, and Business License Discipline

Attorney Richard M. Oberto has experience helping professional clients to protect their licenses and helping aspiring professionals to protect their future plans. He has assisted clients during inquiries from state licensing boards. He has counseled clients on the licensing consequences of a criminal conviction. He has assisted clients who wanted to protect their eligibility to join the military or apply for student loans. He can provide expert guidance and a strategic way forward when criminal or other misconduct allegations threaten a person's livelihood and future plans.

State Licensing Agencies in California

California has approximately fifty different agencies that oversee the licensing of businesses, professionals, and non-profit organizations. The agencies regulate a wide variety of professional and vocational workers and business pursuits.

Licensing agencies oversee the work of professionals, businesses, and non-profits in fields such as law, medicine, dentistry, nursing, health care, child care, elder care, disabled adult care, accounting, education, insurance, and construction. They oversee the work of vocational workers and businesses in fields such as automobile repair and mechanics, plumbing, pest control, electricians, handymen, locksmiths, janitorial, landscaping, gardening, home cleaning, HVAC heating and air conditioning, swimming pool maintenance, and cosmetology. They oversee licensees and businesses in fields such as car and truck sales, truck driving, farm labor contracting, operation of heavy machinery, liquor and alcohol sales, movers and storage, and security service.

Consequences of a Criminal Conviction

Licensing agencies generally have authority to impose disciplinary sanctions and to suspend and revoke licenses upon a criminal conviction. In determining whether any action might be appropriate, the agencies consider the connection between the conviction and the licensee’s work or business.

Crimes committed while the licensee was working or doing business tend to raise greater concerns for licensing agencies. Crimes of moral turpitude also tend to raise greater concerns, as such crimes typically require a specific intent to cause loss or injury. Crimes involving DUI, controlled substances, or public intoxication may raise concerns that an underlying substance abuse problem might be impairing a licensee’s fitness to work and do business.

A person should contact an experienced attorney for advice on how to avoid, mitigate, or at least to prepare for the adverse licensing consequences of a criminal conviction.

Right to Due Process

A person is entitled to the protection of Due Process when a licensing agency moves to initiate disciplinary, suspension, or revocation proceedings. A licensee generally has the right to an administrative hearing where he is entitled to discover and confront the evidence against him, present evidence in his defense, present arguments and legal authorities, and be represented by an attorney.

Before bringing any disciplinary allegations, the licensing agency may request or demand that a licensee give a written explanation of his conduct with respect to a particular matter. A person has the right to have an attorney assist him in preparing any written explanation.

Licensing Investigations Based on Criminal and Civil Proceedings

State licensing agencies do not have to wait for a criminal conviction to initiate disciplinary proceedings. Some may initiate disciplinary proceedings based on the filing of a charging document such as an Indictment or Information in criminal court. A licensee might be obligated to report himself to his licensing agency when an Indictment or Information has been filed and may be obligated to report himself once again if he is convicted of a crime.

Licensing agencies may investigate any civil proceeding involving a licensee. Some licensees are required to self-report to their licensing agency if a civil proceeding resulted in certain types of judgments against them.

Licensing agencies do not have to rely on court proceedings as the basis for a disciplinary action. They may conduct their own investigations and initiate disciplinary proceedings based on their own independent authority.

Experienced Legal Representation

Professional and other license discipline poses a serious threat to a person's livelihood and hard-earned reputation. A person should contact an attorney as soon as possible. Mr. Oberto has helped numerous professionals to protect their rights and interests.

Mr. Oberto welcomes people to contact him 24/7 at (559) 221-2557 to request an initial consultation. Se habla Espanol.

People also may contact Mr. Oberto to request an initial consultation using the contact form available on this website. Please do not use the contact form to write down sensitive information. Information communicated over the internet, including through this website, may not be considered confidential or privileged.

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