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How Philadelphia Federal Criminal Charges Impact Professional Licenses

March 21, 2024 Uncategorized

How Philadelphia Federal Criminal Charges Impact Professional Licenses

Getting charged with a federal crime in Philadelphia can turn your life upside down. Beyond potential jail time, fines, and a criminal record, a conviction can also threaten your professional license and career.

The Domino Effect of a Conviction

Losing your professional license is often an automatic consequence of a felony conviction. Pennsylvania’s licensing boards and agencies frequently have rigid “good moral character” policies tied to criminal records. A guilty verdict or plea triggers license suspension or revocation for many jobs. This domino effect can destroy both current and future career prospects.

However, even an arrest or indictment on federal charges can prompt emergency license suspensions until the case resolves. If authorities consider you an immediate threat to public safety, your license can disappear overnight.

How Federal Charges Differ from State Charges

In Philadelphia, federal criminal cases operated independently from state courts. They prosecute different offenses under federal statutes. But federal convictions can still prompt loss of state-issued licenses.
For example, federal fraud or drug trafficking convictions often justify “good moral character” bars by state licensing boards.

Additionally, many application forms ask about any criminal record, not just state convictions. Applicants who lie about federal charges then risk denial for deceit.

Federal crimes like mail fraud, tax evasion, or prescription drug offenses directly involve professional duties. However, “character”-based policies punish people for any felony, even unrelated crimes. A federal gun conviction might strip teaching credentials, for example.

Federal Convictions Presumed “Unfit”

Pennsylvania licensing decisions rely on applicants overcoming “presumptions of unfitness” tied to crimes . By default, people with federal felony convictions are assumed unsuitable to practice regulated professions.

The applicant then bears the burden of rebutting this presumption. They must convince the board they possess “good moral character” despite their criminal record. People face long odds regaining licenses without an attorney’s help navigating bureaucratic barriers.

High Stakes for Major Licenses

Several major careers require state licensing and face destruction by federal convictions:

Medical Careers
A federal drug or fraud conviction often prompts emergency actions against medical licenses under Pennsylvania and policies. Physicians, pharmacists, nurses, and other healthcare workers charged with federal crimes should immediately seek counsel.

Legal Careers
Federal fraud convictions often disqualify attorneys from practicing law under Pennsylvania policies. Any potential jail sentence also prompts interim license suspensions. Lawyers with federal charges must act fast to mitigate damage.

Financial Careers
Accountants, investment advisors, bankers, insurance agents, and other finance fields answer to strict “good moral character” policies tied to federal criminal records. All financial convictions likely threaten licensure, but fraud charges pose special risks that require rapid response.

Education Careers
Teaching certificates immediately suspend upon any criminal convictions involving children under Pennsylvania policies. However, almost any federal conviction endangers teacher licensing long-term. Schools cannot employ people with serious criminal records around students.

Other Careers
Many other licensed fields like counseling, accounting, architecture, engineering, and cosmetology also implement “good moral character” requirements. Any federal conviction may prompt license actions or bars against current and future certifications.

Possible Defenses Against License Impacts

Despite rigid policies, some defenses exist to mitigate federal conviction harms:

  • Avoiding convictions through dismissals, acquittals, or diversion programs.
  • Demonstrating sincere rehabilitation efforts and good character.
  • Requesting exemptions for non-violent and unrelated offenses.
  • Applying for conditional licenses with extra oversight.
  • Helping professions may cite recovery from addiction as a mitigating factor.

However, licensing boards still deny most petitions from people with federal convictions. Having an experienced attorney negotiate with regulators provides the best chance to regain licensure.

Act Fast to Mitigate License Impacts

Waiting to address license impacts until after federal sentencing often limits options. The sooner people engage qualified counsel, the better their chances to avoid permanent career damage. Strategic early action also shows regulators you take the charges seriously.

Federal Charges Threaten More Than Freedom

Beyond potential jail or prison time, federal convictions strip livelihoods tied to licensed professions. From medical doctors to school teachers, many careers depend on avoiding criminal records. An experienced federal criminal defense attorney can help negotiate the complex bureaucracy governing professional licenses. Acting quickly gives people the best likelihood of preserving their career after resolving federal criminal charges.

Citations

  1. 49 Pa. Code § 39.1
  2. Instructions for Completing Physician License Application
  3. Instructions for Completing RN License Application
  4. Pa. Rules of Professional Conduct 17
  5. Criminal History Evaluation

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