The Impact of a Conviction on Employment and Professional Licenses

A criminal conviction can ripple through your life in ways that extend far beyond the courtroom. For many, the most significant consequence is its effect on their career. This is especially true for individuals in licensed professions, such as healthcare, education, or law, where strict professional standards and regulatory requirements exist.

I want to emphasize the importance of understanding these potential career impacts and taking proactive steps to protect your future. Whether you’re facing charges or dealing with a past conviction, knowledge and action are your greatest tools.

How Convictions Can Impact Employment

1. Background Checks

Employers often conduct background checks during hiring. A conviction can lead to hesitation or outright disqualification, especially for roles that require trust, integrity, or public safety.

Key Considerations:

  • Types of Convictions: Violent crimes, theft, and fraud are particularly damaging in industries like finance or caregiving.
  • Duration on Record: In Texas, most convictions remain permanently on your record unless expunged.  If you are eligible for a non-disclosure, the police, prosecutors, child care facilities, and state agencies can still see the non-disclosed offense.

Solution:

Seek legal guidance on record sealing (nondisclosure) or expungement to minimize employer access to your criminal history.

2. At-Will Employment

In Texas, at-will employment allows employers to terminate employees for almost any reason, including a criminal conviction.

Examples:

  • An employer discovers your conviction after a background check.
  • You’re arrested while employed, and your absence disrupts operations.

Solution:

Being upfront with your employer—where legally required—can help mitigate potential fallout. Try to consult an attorney to determine if disclosure is necessary before making the disclosure.

3. Workplace Policies

Some companies have strict policies prohibiting employment for individuals with certain convictions. This is common in:

  • Financial Services: Fraud or theft convictions often lead to automatic disqualification.
  • Education or Childcare: Any conviction involving harm to minors or violent behavior is typically disqualifying.

Solution:

Understand your company’s policies and consult with an attorney to explore options for challenging the relevance of a conviction to your job.

Impact on Licensed Professions

Professionals in regulated industries often face additional scrutiny due to licensing requirements. A conviction can lead to disciplinary actions, suspension, or even permanent revocation of your license.

1. Healthcare Professionals

Nurses, doctors, and other healthcare providers are subject to oversight by licensing boards.

Potential Consequences:

  • Loss of license for drug-related offenses or fraud.
  • Mandatory reporting of convictions, even for misdemeanors.

Solution:

Work with an attorney experienced in administrative law to navigate board hearings and advocate for retention of your license.

2. Legal Professionals

Lawyers and paralegals must report convictions to their state bar association, which may result in disciplinary action or disbarment.

Solution:

Engage legal counsel familiar with bar disciplinary proceedings to present mitigating evidence and argue for continued licensure.

3. Educators

Teachers and administrators are held to high moral standards, particularly regarding interactions with minors.

Potential Consequences:

  • Convictions involving violence or dishonesty can lead to certification revocation.
  • Schools may terminate employment to avoid reputational harm.

Solution:

Consult an attorney to explore how plea bargains, nondisclosure agreements, or other legal options can mitigate these consequences.

4. Commercial Drivers (CDLs)

Commercial drivers face unique challenges due to strict federal and state regulations.

Key Impacts:

  • Convictions for DWI or drug-related offenses can lead to CDL suspension or disqualification.
  • Repeat offenses may result in a lifetime ban.

Solution:

Hire an attorney to challenge the validity of your charges and minimize the risk of suspension.

How to Minimize the Career Impact of a Conviction

1. Pursue Alternative Sentencing

Certain programs, such as diversion or deferred adjudication, may allow you to avoid a formal conviction, which in turn could possibly save your license and/or career.

Example:

In Texas, successfully completing deferred adjudication probation may qualify you to seal your record through a nondisclosure order.

2. Seek Expungement or Record Sealing

A sealed record won’t appear in most background checks in the private sector, reducing the likelihood of career setbacks.  An expungement is completely removed from your record, unless as a term of a Pre-Trial Intervention, you contact to allow a district attorney’s office to keep a non-public record of your PTI, so that if you get into trouble in the future, they would know that they extended a PTI to you before.

Key Steps:

  • Determine if your offense qualifies under Texas law.
  • File the necessary petitions with court assistance from an attorney.

3. Be Proactive with Licensing Boards

If you hold a professional license, proactively address your case with the relevant board:

  • Report the issue if required by your licensing board, after consultation with an attorney who focuses on defending people before such licensing boards.
  • Show evidence of rehabilitation or mitigating circumstances.
  • Work with an attorney to prepare a defense if a hearing is required and before you make the disclosure, if possible.

4. Consult an Employment Attorney

An employment lawyer can help you understand your rights and protect you against unlawful discrimination based on your criminal history.

Why Hiring a Criminal Defense Attorney Is Critical

A conviction doesn’t just affect your immediate freedom—it can have lasting consequences on your career and livelihood. By hiring an experienced criminal defense attorney, you can:

  • Challenge charges before they lead to a conviction.
  • Explore alternatives like deferred adjudication, plea agreements, or trial.
  • Protect your professional license and career.

At David Smith Law Firm, PLLC, we help clients navigate the complexities of criminal charges and their potential impact on your professional career. Whether you’re a first-time offender or facing repeat charges, we’re here to fight for your future.

📞 Contact us today for a free consultation! Visit https://www.davidsmith.law/contact-us/ to start protecting your career and reputation.

Your career is too important to leave to chance—let us help you take the right steps today.