Failure to Report a Conviction or Plea

Failure to Report a Conviction or PleaMost people facing criminal charges worry about the possible consequences of going to jail and paying large fines. For criminal offenses that seem less serious, like a first-time DUI charge, many believe that a conviction will not profoundly impact their everyday lives. However, for professionals in Florida who hold specialized licenses and certifications, there are strict reporting requirements for those who are convicted or enter a plea deal.

Suppose you’re a licensed professional involved in a criminal conviction or plea deal in Florida. In that case, it’s critical that you understand the laws that are set by the Department of Business and Professional Regulation (DBPR). You will likely have to report your case’s disposition to the DBPR or the applicable licensing board within 30 days or another specific time frame. 

Orlando Lawyers for Florida Professionals Accused of a Crime

Your criminal defense lawyer should recognize the reporting obligations for your profession and ensure you know the full scope of consequences that go with a plea. At The Umansky Law Firm, our criminal defense lawyers are prepared to devise an effective defense for you against any criminal allegations you face, including:  

  • Misdemeanor crimes
  • Felony crimes
  • DUIs/DWIs
  • Criminal traffic violations

Additionally, our highly skilled defense lawyers can defend your professional license from potential administrative sanctions. From writing a letter to the DBPR or the respective licensing board to providing the relevant documents, we stand by our clients and lead them through each step of this challenging process so they can put this difficulty behind them and move forward in their lives. 

What Professionals May Need Legal Counsel When Reporting a Conviction or Plea? 

In Florida, professional license holders are usually required to inform their relevant board or the DBPR if they’ve been convicted of a crime or pled guilty or no contest within 30 days. According to Florida Statute Section 455.227(1)(t), professional licensees face disciplinary action for: 

Failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.”

The DBPR governs a wide range of professionals in Florida. Among the many industry professionals that The Umansky Law Firm represents in administrative, legal affairs include:

It’s important to note that, based on your profession, you may be investigated by a particular board that the DBPR supervises. For example, there is a Florida Board of Nursing and a Florida Real Estate Commission.

What Are the Penalties for Failing to Report a Conviction or Plea Deal to the DBPR?

For a first offense of failing to report a conviction, guilty plea, or no-contest plea to the DBPR or applicable licensing agency, you may face administrative fines and suspension or revocation of your professional license. However, there are factors that the DBPR could use in determining the disciplinary action you face, such as the degree of harm you caused to the public and whether you had prior disciplinary matters on your record. 

Suspension or Revocation of License 

Whether your professional license or certification will be temporarily or permanently impacted will depend on the circumstances of the crime involved and the kind of work you do. 

  • For professionals in the financial sector, like accountants and insurance agents, crimes involving money laundering or fraud may be grounds for permanent license revocation. 
  • For teachers and licensed educators, disqualifying offenses like felony drug charges or crimes against children can result in permanent loss of license. Note that licensed professionals with Florida public schools have only 48 hours to inform the Department of Education of any criminal conviction.
  • Law enforcement, firefighters, and first responders must abide by strict standards. These professionals may face license suspension or revocation along with loss of their pensions for a wide variety of criminal convictions. 

Whether your licensing entity is under the Florida DBPR or another board, if you fail to report your conviction or plea of any criminal case, that failure can form a foundation for discipline, separate from the underlying criminal offense. 

Speak with an Experienced Florida Professional License Defense Attorney for Free Today

No matter what type of criminal charges you may face as a licensed Florida professional, you may still have legal options. Don’t delay speaking to a knowledgeable criminal defense attorney with experience litigating administrative legal matters. At The Umansky Law Firm, our highly experienced trial attorneys realize the potential results of your plea. They will work vigorously to obtain the most favorable outcome while minimizing any possible repercussions to your career. 

With more than 100 years of combined legal experience helping professionals protect their careers, you can trust in our ability to uphold your best interests. Schedule a free consultation with an experienced professional license defense attorney today by calling 407-228-3838 or completing our contact form.