After an arrest, one of the concerns you may have about your future could involve your ability to pursue or maintain work in a licensed profession. You may worry about the ways a criminal record ruins your life, especially if your criminal case results in a conviction. But can a criminal record preclude you from getting approved for a professional license in New Jersey?
The Worry Beyond the Courtroom
Regardless of the outcome of your criminal case, you may wonder, “Does having a criminal record affect getting a job?” Even if you secure a dismissal or acquittal, the stigma of a criminal arrest may cause you to worry about your professional future, including your ability to secure a license for a profession you wish to enter, like law, accounting, medicine, or teaching. You might fear that a criminal history will automatically disqualify you from pursuing a licensed profession.
How Professional Licensing Works in New Jersey
Under New Jersey’s Rehabilitated Convicted Offenders Act, a licensing authority may not disqualify an applicant from a professional license based on that applicant’s prior criminal conviction. There are some exceptions. If the offense has a direct and substantial relationship to the activity regulated by the board, or if the nature of the offense would make the issuance of a professional license to that applicant inconsistent with public health, safety, and welfare, the applicant may be disqualified.
Additionally, if you were convicted of embezzlement, fraud, theft, or crimes involving public corruption in the five years preceding the application, your application for a license may be denied. The law also creates a rebuttable presumption of disqualification for convictions for murder or certain sex offenses. An applicant with such a conviction on their record is required to prove that their offense does not have a direct or substantial relationship to the profession or that issuing a license would not run contrary to the interests of public health, welfare, or safety.
Furthermore, evidence of an expungement or pardon of a criminal conviction or a certificate of rehabilitation from the sentencing court or a parole board precludes a licensing authority from disqualifying an applicant. In these situations, the applicant must disclose their expungement or pardon to the licensing board.
These restrictions on using criminal convictions during professional licensing proceedings do not apply to certain licensing authorities, such as law enforcement agencies and the Alcoholic Beverages Commission.
When a professional licensing board denies a license based on an applicant’s criminal record, it must provide the applicant with a written explanation of the board’s determination. They must also offer the opportunity to present written or oral arguments and other evidence to challenge the board’s decision, such as evidence of an expungement.
How a Criminal Record Factors Into the Decision
In New Jersey, a licensing board may not factor an applicant’s criminal record into the decision whether to approve the applicant for a professional license unless the board determines that the applicant’s offense has a direct and substantial relationship to the professional activity regulated by the board or that the nature of the offense runs contrary to public health, safety, and welfare.
When determining whether an applicant’s conviction disqualifies them from obtaining a professional license, licensing boards must consider factors such as:
- The nature and seriousness of the offense, and the amount of time since the offense
- The relationship of the offense to the regulatory purpose of the licensing board
- Any evidence of rehabilitation
- The relationship of the offense to the ability, capacity, or fitness required to perform the duties of the profession
Unless the law presumes that a criminal offense has a direct and substantial relationship to the licensed profession, the board must issue a written decision explaining how issuing a license to a person with a specific conviction would be contrary to the public interest.
Crimes That Raise the Most Red Flags for Licensing Boards
Criminal offenses that will most likely lead a professional licensing board to deny an application include:
- Homicide
- Sex offenses
- Serious violent offenses, such as aggravated assault, kidnapping, or arson
- Embezzlement
- Theft
- Fraud offenses, such as healthcare fraud, wire fraud, mail fraud, or bank fraud
- Public corruption
Certain criminal offenses can raise a red flag for specific professional licenses. For example, a child abuse conviction may pose a serious red flag for an application for a teaching license, or a drug distribution conviction may raise a red flag for someone applying for a healthcare license that would allow the individual to prescribe or handle controlled substances.
Does Every Conviction Automatically Disqualify You?
Under New Jersey law, no conviction automatically disqualifies an applicant from obtaining a professional license. However, some criminal offenses, including murder, sex offenses, embezzlement, fraud, theft, public corruption, or crimes related directly to the professional activity regulated by the licensing board, may allow a board to deny an application based on the applicant’s conviction.
Strategies If You Have a Criminal Record and Need a License
When you apply for a professional license with a criminal record, strategies that can improve your chances of approval include:
- Gathering evidence of rehabilitation, such as records of substance abuse treatment, completions of prison rehabilitation programs, records of post-release work history and community service, and statements of support from family members, friends, neighbors, or co-workers
- Pursuing expungement of an offense, if eligible
- Consulting with a criminal defense lawyer to learn about your legal rights and options
How an Attorney Can Help You Protect Your Career Path
An attorney can help protect your professional reputation and career options after an arrest or conviction by:
- Reviewing the facts and circumstances of your conviction
- Determining whether you have a presumptively disqualifying offense in your record
- Seeking expungement of your conviction or helping you obtain a certificate of rehabilitation
- Persuasively arguing on your behalf to explain to the licensing board how your offense does not relate to the profession you wish to enter
Contact Our Criminal Defense Attorneys for Help
If you face prosecution for an offense, you may worry that a criminal record might disqualify you from obtaining a professional license. Fortunately, an experienced criminal defense lawyer can help you understand whether having a record can affect getting a job after your case ends. Contact Keith Oliver Criminal Law today for a free, confidential consultation with our defense attorneys to discuss your options for protecting your professional future after an arrest or conviction.
