California Criminal Defense Blog

Contractors beware! Not only can the Contractors State License Board (CSLB) discipline you for any fraud or theft offense you commit against a client, but it can also discipline you for receiving almost any misdemeanor or felony conviction…even if it is expunged.

This is because California contractors are subject to professional discipline for criminal convictions. And while not every conviction will subject a California contractor to professional discipline, any conviction that is “substantially related” to the contractor’s ability to perform his/her work in a safe and responsible manner will.

The problem is that California courts have broadly defined “substantially related.” They have held that offenses involving physical violence, fraud, theft, or dishonesty are all substantially related to contractors work…even when they do not involve a client or job-related matter.

So, what can you do if you are convicted of an offense while you hold a state contractor’s license? Immediately contact a skilled attorney who can help you demonstrate why the conviction isn’t substantially related to your work and why you should be able to continue practicing your profession.

The most recent highly publicized case of accountant misconduct involves David Friehling, Bernie Madoff’s longtime accountant who faces 105 years in prison for his alleged fraud charges. And while most accountant misconduct doesn’t rise to this criminal level…or to this level of notoriety…it is, nonetheless, a frequent occurrence.

Criminal conduct subjects California accountants to professional discipline. That is, criminal conduct that is “substantially related to the qualifications, duties or function of accounting” subjects these professionals to discipline.

The problem is that California’s definition of “substantially related” is quite broad. It, not surprisingly, includes criminal offenses such as forgery, fraud and theft (which are all directly involved with the duties and functions of an accountant). However, California courts have also applied it, for example, to carjacking. This conclusion leads a reasonable person to ask, how is carjacking substantially related to the duties of an accountant? It also explains why accountant misconduct is a frequent occurrence.

It’s because of this type of this “personal conduct = professional conduct” illogical reasoning that it is important to retain skilled representation when trying to fight Board action. When the California Board of Accountancy…who obviously has wide discretion when it comes to disciplining its licensees…seeks to take action against your license for criminal conduct, it is critical to persuade the Board that your personal mistake in judgment should not affect your professional license. If you or your attorney can convince the Board that your indiscretion isn’t substantially related to your profession, you are entitled to maintain your license.

It’s a well known fact that when a licensed physician is convicted of engaging in prescription fraud, medical fraud, insurance fraud, or inappropriate behavior with a patient, it’s pretty much a given that he/she will be disciplined. This is because the Medical Board of California governs its licensees when it comes to criminal convictions. Depending on the individual circumstances, it may (1) suspend, revoke, or deny a medical license, (2) warn the license holder, or (3) place the license holder on probation.

What’s not so well known is that the Medical Board will discipline a California doctor for almost any criminal conviction…even if the offense isn’t directly related to the practice of medicine. This means that a conviction for driving under the influence, battery, or even petty theft could ultimately result in the loss of your medical license.

The key is whether the conviction is “substantially related” to the qualifications, functions, and/or duties of being a doctor. If the Medical Board believes that the offense is substantially related to being a physician, it will discipline the license holder. This is why it is advisable to consult with a skilled California criminal defense attorney who knows the most effective arguments to convince it otherwise.

You worked long and hard to become a doctor…don’t let one foolish mistake or unfortunate misunderstanding take that away from you. It’s always worth fighting the charge!

Let’s say you and your girlfriend get into a fight. Emotions are running high and in the heat of passion, you strike her. She calls the police and you are charged with and convicted of misdemeanor domestic violence. Your California judge sentences you to pay a fine, attend batterer’s classes, and to complete some nominal hours of community service.

Now let’s say that you’re a doctor, a lawyer, a dentist, a teacher, a real estate broker… anyone who holds a professional license in California. You are not only subject to the court-imposed penalties mentioned above, but also risk losing your professional license which essentially means your livelihood.

Professional licenses in California are subject to revocation for criminal convictions that are “substantially related” to your profession. Similarly, professional licenses in this state may not even be issued to someone who has previously been convicted of a crime… even if the conviction has been expunged.

The good news is that this is not a black and white law. The fact is that “substantially related” is open to interpretation. Many would argue that hitting your girlfriend in the heat of passion isn’t substantially related to your duties, for example, as a real estate broker.

It’s because of issues like these that make it so important to consult with a skilled California criminal defense attorney immediately upon a criminal accusation. There are ways to prevent your California professional license from being revoked based on a criminal conviction… you just have to know the right arguments to make and the right steps to take.