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Getting Professional Licenses With a Florida Criminal Record
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Getting Professional Licenses With a Florida Criminal Record
Getting a professional license in Florida can be tricky if you have a criminal record. The state allows licensing agencies to consider an applicant’s criminal history when making licensing decisions. However, Florida has passed laws in recent years to remove barriers for people with records who are trying to build careers.
Florida’s Licensing Restrictions
Florida law does prohibit people with certain criminal histories from being licensed for particular jobs. These include:
- Healthcare fields – People convicted of certain offenses like abuse, neglect or exploitation of the elderly or disabled cannot get licensed as nurses, home health aides, etc.
- Education fields – Those with convictions for sex crimes and other offenses against minors are barred from licensure as teachers, childcare workers, etc.
- Real estate and finance fields – Applicants with convictions for fraud, theft, forgery and other crimes of “dishonesty” can be disqualified from getting licensed as mortgage brokers, appraisers, etc.
- Insurance industry – People convicted of felonies like money laundering, fraud or racketeering face a permanent bar on getting an insurance license. Other felonies require a waiting period before applying.
So for fields like these, having certain types of convictions is an automatic disqualifier. The licensing agency has no discretion.
Recent Reforms in Florida
In recent years, Florida has passed laws to reduce blanket restrictions on people with criminal histories:
- A 2021 law prevents agencies from disqualifying applicants solely for having arrests not leading to conviction. Now an arrest itself cannot be the reason for denying a license.
- Legislation in 2020-2022 removed “good moral character” requirements from many professional licensing statutes. This vague standard was often used to exclude applicants with any kind of record.
- Agencies must now report data on license applications received from and granted to people with records. This provides transparency on how these policies are implemented.
- A 2018 law gives people with records the right to an individualized licensing determination. Agencies must now explicitly lay out their reasons for denying an application.
So while Florida licensing agencies still have broad discretion, they can no longer issue blanket bans against entire classes of people with records. Removing “good moral character” language also forces agencies to justify denials based on specific factors like public safety risks.
Applying for a License with a Criminal Record
If you have a criminal conviction and want to get licensed in Florida, there are some steps you can take to strengthen your application:
Fully disclose your record
Don’t try to hide anything. Licensing applications often require you to list all convictions, even if they’ve been expunged or sealed. Failing to disclose is grounds for denial or loss of a license later on.
Be prepared to explain the circumstances
Agencies will look at the details of your offense, not just the fact that you have a record. Be ready to submit information about the nature of the crime, what led to it, and how you’ve changed since then. Letters of recommendation from employers, teachers, clergy, etc. can help demonstrate you’ve been rehabilitated.
Get character references
Letters of support from people who know your professional capabilities and moral character can override doubts related to your record. A wide range of references – supervisors, professors, volunteer leaders, etc. – carry more weight.
Consult an attorney
If your application has been denied, consider having a lawyer review your case. They may suggest strategies for appealing the decision and getting your license approved on reconsideration.
Conclusion
Florida has historically imposed harsh licensing restrictions on people with criminal records. But recent reforms are reducing barriers in many fields. Still, licensing agencies have broad discretion to consider applicants’ histories. By being prepared to discuss your record in detail and demonstrate rehabilitation, you can improve your chances of being approved for a professional license. With persistence and effective legal advocacy, many people with past convictions can prevail and build careers in licensed occupations.