Being convicted of a criminal offense has several consequences that could follow you for the rest of your life. In addition to the life-changing legal penalties, a conviction for certain crimes could affect your ability to secure a professional license, especially if you are a trained dentist.

Similarly, if you hold a dentist license, a conviction for particular crimes related to your duties and qualifications could make the board suspend or revoke your license. Understanding how a criminal conviction can affect your ability to secure a professional license is critical if you are a trained dentist or wish to pursue a dentistry career.

If you are a trained dentist and are under investigation as a suspect in a criminal case, retaining the services would help. Your attorney can help you craft defenses that can help you challenge the allegations you are up against to secure a lighter or case dismissal, preventing several consequences of a conviction, including denial or suspension of your dentist license.

Understanding What the Dental Board Does

The Dental Board is the agency that regulates and oversees the licensing of dentists, registered dental assistants, and hygienists. Unlike what many licensed dentists assume, the primary mission of the licensing board is to protect the health, safety, and well-being of the patients.

When the board receives a complaint or notice of a criminal conviction against you, a licensed dentist, it will investigate the matter and decide the appropriate cause of action based on the facts of your unique case. If the alleged crime is substantially related to your duties and qualifications as a dentist, you should expect the following possible outcomes:

  • Dismissal of the case as unsubstantiated or unmerited.
  • Issue a public reprimand.
  • Revoke or suspend your license.
  • Place your practice license on probation.

Since every case is different, the specific disciplinary action you will receive will depend on the unique facts and nature of your unique case.

Will a Criminal Charge Attract the Board’s Disciplinary Action?

While being under arrest or charged with a crime does not make the Dentist Board investigate or take disciplinary action against you, a conviction will. The licensing board will appoint investigators to investigate your case if the prosecutor has secured a conviction against you for a crime substantially related to your duties and qualifications as a licensed dentist.

It is worth noting that these convictions could be either misdemeanor or felony convictions that occurred in either of the following ways:

  • A verdict or a guilty plea (after receiving a verdict on your charge).
  • A “no contest” plea (after receiving a verdict on your charge).

Even if you completed your diversion program upon conviction, the board could still take disciplinary action against you. Generally speaking, a criminal conviction becomes actionable when:

  • The appeal time is over.
  • The judge affirms the verdict of your case on the appeal hearing.
  • You receive a probation for your violation instead of a jail sentence.

Examples of Crimes That Could Make You Ineligible for a Dentist License

As mentioned in the previous paragraph, if you are guilty of a crime that is substantially related to your functions, qualifications, and duties as a dentist or dental hygienist, the board could take disciplinary action against you. Generally, the board is more likely to disqualify you from securing a dentist license if you are guilty of either of the following:

Fraud-Related Offenses

If you have a conviction for a fraud-related offense, it could be challenging to secure a dentist license to practice dentistry legally. When determining whether or not to accept your dentist license application, your attorney will consider several factors, including your criminal record. Offenses of fraud-related offenses that could affect your eligibility for a dentist license include the following:

  • Healthcare insurance fraud — You commit this offense when you take a bribe from a patient to prescribe a medication he/she needs.
  • Automobile insurance fraud — As the name suggests, this type of fraud involves insurance claims. For instance, intentionally and willfully crushing your vehicle to secure insurance compensation from your auto insurance provider is one way you can commit an automobile insurance fraud offense.
  • Senior fraud — This includes any fraud committed against a person aged six one (61) years and above.

If you have one or more convictions for a fraud-related offense, securing a practice license could be impossible. That is particularly true if the fraud offense is related to your duties and qualifications as a dentist.

However, in some cases, with the help of a skilled attorney, the board could accept your dentist license application if your conviction is not related to your duties and qualifications as a trained dentist.

Violence-Related Crimes

A conviction for a felony that involves violence can lessen your odds of securing a release from jail on bail. That is particularly true if the victim of the offense was a person under your care as a dentist. Conversely, if your offense is violence-related, but it occurred due to a reckless or gross negligence act or behavior, the board could accept your license application to practice dentistry lawfully.

For instance, a conviction for any offense that involves a physical fight with an adult who is not under your care as a medical practitioner will not prevent the board from issuing you a dentist license.

However, it is worth noting that if you have a recent conviction or multiple convictions for any crime that involves violence, there is a high chance the board will bar you from securing a license to practice dentistry.

Sex-Related Offenses

The board will disqualify you from securing a license to practice dentistry if you have a conviction for a sex crime that requires you to register as a Tier 2 or Tier 3 sex offender under PC 290. According to this statute, “registration” means keeping local law enforcement authorities informed of your whereabouts, including where you go to school, live, or work.

Examples of sex offenses that can make you ineligible to secure a license to practice dentistry include (but are not limited to) the following:

  • Rape.
  • Sexual battery.
  • Lewd acts with a minor.
  • Oral copulation.
  • Sex trafficking children.
  • Aggravated sexual assault of a child.
  • Spousal rape by force.
  • Child pornography.
  • Sending explicit or harmful materials to seduce a minor.
  • Oral copulation.
  • Sodomy.

If you have a sex-related offense conviction on your record, retaining the services of an attorney would help if you plan to apply for a license to practice dentistry. A skilled attorney can help you prepare your license application and attach all the vital evidence that can help you secure a favorable outcome.

Drug-Related Offenses

Certain drug crimes can bar you from securing a professional license to practice dentistry. If you have a conviction record for a drug crime that involves prescription abuse, the board will likely bar you from securing a professional license to practice dentistry.

For example, if the offense involves abusing the prescription process to secure a controlled drug substance, the board will bar you from securing a license to practice dentistry. Another drug-related offense that could disqualify you from securing a license to practice dentistry is DUI (driving under the influence).

That is particularly true if the offense involves being under the influence of illegal drugs, like cocaine or heroin. If you have a conviction for a DUI offense, the board will consider you incompetent to practice dentistry.

However, it is worth noting that not every drug crime will bar you from securing a license to practice dentistry. For example, a felony conviction for a drug possession offense will not affect your eligibility for a dentist practice license if several years have passed since you committed that crime.

To that end, to qualify for a practice license as a trained dentist, the board could require you to participate in substance abuse counseling sessions.

Certain Serious Felonies and Misdemeanors

The Dental Board will scrutinize your criminal record to know whether you are an excellent candidate to secure a license to practice dentistry. If you have a felony conviction for certain serious crimes listed under PC 1192.7, the board will disqualify you from securing a practice license. Examples of these offenses include (but are not limited to) the following:

  1. Kidnapping

Penal Code (PC) 207 makes it a felony offense to move a person any substantial distance, regardless of how short, without his/her consent using fear or force. Without any aggravating circumstances, a conviction for a kidnapping offense under PC 207 will attract up to eight (8) years of jail time. If the victim is a child or injured, a conviction could attract up to life in jail.

  1. Mayhem

According to PC 203, you commit the offense of mayhem when you maliciously and illegally attack another person, causing him/her to sustain a disability or disfigurement. A felony conviction under this statute will attract a fine of up to $10,000 and not more than eight (8) years of jail time.

  1. Assault With a Deadly Weapon

Another serious felony that could disqualify you from securing a license to practice dentistry is assault with a deadly weapon offense. According to PC 245(a)(1), you commit the offense of assault with a deadly weapon when you attack another person with a deadly or dangerous weapon that is capable of causing serious injury.

Depending on the facts of your case, the prosecutor could file this offense as either a felony or misdemeanor. A felony PC 245(a)(1) violation conviction can attract up to four (4) years of jail time and a fine amounting to up to $10,000. However, a misdemeanor conviction will attract a light sentence, including up to six (6) months of jail time and a fine not exceeding $1,000.

  1. Grand Theft

You commit the crime of grand theft when you steal any of the following:

  • Real estate, personal property, labor, or money worth $950 or more.
  • A property or asset directly from another individual, regardless of its value.
  • A firearm or automobile, regardless of its value.

Depending on the specifics and circumstances of your unique cases, a conviction for a grand theft offense under PC 487 can attract a jail time of up to three (3) years. However, if your offense is a misdemeanor, your penalties could include up to one (1) year of jail time.

Generally speaking, there is a high chance that the board will disqualify you from securing a license to practice dentistry if you had a conviction within the past seven years for a crime that is significantly related to your duties and responsibilities as a trained dentist.

What to Expect When the Dental Board Receives a Complaint Against You

When the board receives a complaint about your character or services as a licensed dentist, it will investigate the case to determine whether these allegations are substantiated. Depending on the facts of your case, the board could decide to do the following:

  • Dismiss the case as unsubstantiated, meaning it lacks clear evidence to support the allegations you are up against.
  • Issue a citation and a fine.
  • Schedule a formal hearing.

If your case is substantiated, the board will schedule a formal hearing where the administrative law judge (ALJ) will determine whether the allegations you are up against are true. Like a criminal trial hearing, the board will have a chance to present evidence showing why the ALJ should take disciplinary action against your practice license.

Then your attorney will raise mitigating arguments to show the ALJ you are a competent dentist and you deserve a second chance to continue practicing dentistry. The ALJ will impose disciplinary action against your practice license if the prosecutor (the board's staff) can provide clear and convincing evidence to support his/her argument.

If the board wins the case, the disciplinary action to expect will depend on the facts of your unique case. For serious violations, you should expect license revocation or suspension. However, if your offense is non-serious, the board could take lighter disciplinary action against you, including:

  • Probation.
  • Pay fines.
  • Warning letters and citations.
  • Agree to practice restrictions.
  • Agree to supervision by a board-appointed probation officer.
  • Attend a drug and alcohol counseling session.
  • Enroll in a diversion program.

Your attorney's mitigating arguments at the administrative hearing can mean the difference between securing a case dismissal or a lighter disciplinary action for your violation.

What to Do if You Have Received the Board’s Notice of Investigation on Your Dentist License

Whether you are a licensed dentist or are planning to apply for a license to practice dentistry, you should do the following:

  1. Consider Hiring a Reliable Attorney

You have a legal right to hire an attorney to represent you at the administrative hearing and every other stage of the disciplinary process to secure the best possible outcome. A skilled attorney could help negotiate a favorable settlement with the licensing board or increase your odds of qualifying for a license to practice dentistry.

Aside from offering you legal representation, your attorney will also be your legal counsel during these challenging and stressful times. Ensure the attorney you choose is experienced, reputable, cost-friendly, and licensed for the best services that you deserve to win a favorable outcome.

  1. Keep Up With all the Deadlines

Whether you retain the services of an attorney or not, there are deadlines that you must abide by to increase your odds of securing a favorable outcome, including case dismissal or a lighter disciplinary action. For instance, after receiving the board's notice of the complaint you are up against, the board will expect you to file your response within fifteen (15) days.

When you fail or forget to file your response within this period, the board will revoke your license as a default decision.

  1. Do Not Answer the Investigating Officer’s Tricky Questions

When the board receives a complaint against you, it will assign the case to investigating officers to find out whether the allegations you are up against are substantiated. During the investigation process, the investigating officers could ask you tricky questions to find more information and evidence the board can use against you. However, you are under no legal obligation to answer any of their confusing questions.

Undoubtedly, certain criminal convictions could jeopardize your ability to secure or keep a license. If you are under investigation for any criminal offense, retaining the services of a skilled attorney is a decision you cannot regret. Aside from helping you avoid or reduce the possible legal penalties, a skilled attorney can increase your odds of qualifying for a license to practice dentistry.

Can the Evidence of Rehabilitation Help When Applying for a License to Practice Dentistry?

Yes, when determining whether to issue you a license to practice dentistry, the board will consider whether you have received rehabilitation and necessary counseling for your past criminal convictions, if any. If you have received rehabilitation for your past violation, the board will most likely accept your license application to practice dentistry.

Find a Competent Defense Attorney Near Me

If you desire to secure a license to practice dentistry and chase your dreams, you need to take a proactive stance. That means you should retain the services of an attorney who understands how the Dental Board handles applications for licenses to practice dentistry.

Our credible attorneys at The Legal Guardian can analyze and review your unique situation and help prepare a compelling license application to practice dentistry legally. We invite you to call us at 866-448-6811 to schedule your initial consultation with us, wherever you are in Van Nuys.