Don’t Lose Your Professional License Over Off-Duty Behaviors

Off-duty behavior can lead to the suspension or cancellation of a professional license.  Regulatory bodies, such as licensing boards, commissions, and agencies, implement rules and regulations that affect both professional and non-professional aspects of licensed individuals’ lives. These regulatory bodies exercise almost complete control over members. They require licensed professionals to conduct themselves professionally both inside and outside of the workplace.

When Can Someone Lose a Professional License Due to Off-Duty Conducts?

Illustration of a police hanging a certificate

Felony Conviction

If a licensed professional engages in illegal activities outside of work, he or she may increase the odds of losing his or her license. Most regulatory bodies either suspend or revoke the license of individuals who are facing a felony conviction. A Felony conviction is proof of professional misconduct, which is a breach of the bylaws or codes of conduct.

Violation of Morality Clauses

Some state regulatory boards have morality clauses that licensed individuals must obey. If a professional violates the clauses, he or she can lose the license or face suspension. An individual may also face probation for a specific period. A professional licensed defense attorney can gather sufficient evidence and prepare a strong case to help a defendant contest and overturn a decision.  

Drug and Alcohol Abuse

A person can also lose his or her professional license when he or she is unable to perform his or her work-related responsibilities due to a drug or alcohol addiction. A variety of options to help professionals battling addiction retain their licenses are, however, available. The affected professional just needs to accept that he or she has a problem and seek help.

Fraud or Deceit

A professional is likely to lose his or her license if he or she engages in fraudulent or deceitful activities off duty. The professional may, for instance, illegally allow another person to use his or her license.

Getting Legal Support

An individual who finds out that a formal board complaint has been filed against him or her for off-duty misconduct should work closely with a professional license defense attorney. The attorney will help the professional prepare a well-written and evidence-supported response letter, a document that most license boards request in their first complaint notification to the affected professional. The attorney will also evaluate the professional’s circumstances and advise him or her on the options that would be helpful to his or her career.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

Recent Posts

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise.  The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.