ARIZONA PROFESSIONAL LICENSING CONSEQUENCES


Certain types of arrests or subsequent criminal convictions can affect a person's ability to obtain or keep virtually every professional license that is regulated by the state. Some professions require that the crime be related to the duties of the profession before the license will be affected; others will be affected based solely upon conviction. For example:

A.R.S. § 41-1758.03 (Fingerprint Clearance Cards). Many state regulated professionals, including, but not limited to, educators and individuals who are employed by or contract with state or county government to care for or provide services to children and/or the disabled or handicapped, are required to maintain a state issued Fingerprint Clearance Card as a condition of employment and to remain in good standing. For certain offenses, based on an arrest alone, the state will suspend the Fingerprint Clearance Card.

A.R.S. § 13-3414 - Requires notice be sent to any professional licensing board or office upon conviction for any drug offense. The judge shall send a copy of the defendant's conviction to any board or office where the defendant has a license to engage in a profession or to carry on a business. At the judge's discretion, the judge may suspend or revoke said license.

Under A.R.S. § 13-904(E), a person may be denied state employment, license, permit, or certificate to engage in an occupation by reason of a prior felony or misdemeanor conviction if the offense has some reasonable relationship to the duties or functions of the employment, license, permit, or certificate.

Most state and federal licensing laws require conviction, commission of a felony or misdemeanor involving moral turpitude, or that the conduct be substantially related to the individual's professional duties before it may affect the professional's license. The following list of occupations briefly summarizes certain consequences of a conviction for an Arizona licensee within each profession:

Accountants A.R.S. § 32-741(A)

An accountant can have his/her license revoked or suspended if he/she is convicted of any felony in any state (if civil rights have not been restored), or if they are convicted of any crime that has a reasonable relationship to the practice of accounting (regardless of whether civil rights have been restored). Examples of crimes that have a reasonable relationship to accounting include accounting violations, tax violations, dishonesty, fraud, misrepresentation, embezzlement, theft, forgery, perjury, and breach of fiduciary duty.

Acupuncturists A.R.S. § 32-3951(A)(1)

An acupuncturist can have his/her license revoked or suspended if he/she is convicted of any felony or misdemeanor involving moral turpitude.

Appraisers A.R.S. § 32-3631(A)(4)

An appraiser can have his/her license or certificate revoked or suspended if he/she is convicted of any felony involving moral turpitude, or if he/she is convicted of a crime substantially related to qualifications, functions, and duties of an appraiser.

Architects A.R.S. § 32-122.01(A)(1)

There are no specific regulations dealing with license revocation or suspension. However, an applicant for professional registration as an architect must "be of good moral character and repute."

Assayers A.R.S. § 32-122.01(B)(1)

There are no specific regulations dealing with license revocation or suspension. However, an applicant for professional registration as an assayer must "be of good moral character and repute."

Attorneys Rule 53(h) Arizona Rules of the Supreme Court

A lawyer shall be disciplined as the facts warrant upon conviction of a misdemeanor involving a serious crime or of any felony. "Serious crime" means any crime, a necessary element of which, as determined by the statutory or common law definition of such crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, willful extortion, misappropriation, theft or moral turpitude. A conspiracy, a solicitation of another or any attempt to commit a serious crime, is a serious crime.

Athletic Trainers A.R.S. § 32-4153(6)

An athletic trainer can have his/her license revoked or suspended if he/she commits any felony or misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Audiologists/Speech Pathologists A.R.S. § 36-1934(A)(1)

An audiologist or speech pathologists can have his/her license revoked or suspended if he/she is convicted of any felony or misdemeanor involving moral turpitude.

Bail Recovery Agents (Bounty Hunters) A.R.S. § 20-340.04(A)

A person cannot act as a bail recovery agent (bounty hunter) if he/she is convicted of any felony, theft, any crime involving the carrying or illegal use or possession of a deadly weapon or dangerous instrument.

Behavioral Health Professionals A.R.S. § 32-3281 (see A.R.S. 32-3251(12)(a))

A behavioral health professional can have his/her license revoked or suspended if he/she is convicted of a felony.

Chiropractors A.R.S. § 32-924(A)(6)

A chiropractor can have his/her license revoked or suspended if he/she is convicted of a misdemeanor involving moral turpitude, or if he/she is convicted of any felony.

Collections Agent A.R.S. § 32-1053(A)(4)

A collections agent can have his/her license revoked or suspended if he/she is convicted of any felony, or if he/she is convicted of any crime involving breach of trust or dishonesty.

Contractors A.R.S. § 32-1154(A)(8)

A contractor can have his/her license revoked or suspended if he/she is convicted of a felony.

Cosmetologists A.R.S. § 32-572(A)(2)

The cosmetology board can suspend the license or refuse to renew the license of any cosmetologist that is convicted of any crime.

Court Reporters A.R.S. § 32-4041(A)(7)

A court reporter can have his/her certificate revoked or suspended if he/she is convicted (by final judgment) of any felony, or if he/she is convicted (by final judgment) of any offense involving moral turpitude.

Dentistry A.R.S. § 32-1263(2)

A dentist can have his/her license revoked or suspended if he/she is convicted of a felony or misdemeanor involving moral turpitude.

Dispensing Opticians A.R.S. § 32-1683(2)

A person who is convicted of a crime of moral turpitude cannot apply for a dispensing optician's license.

Engineers A.R.S. § 32-122.01(A)(1)

There are no specific regulations dealing with license revocation or suspension. However, an applicant for professional registration as an engineer must "be of good moral character and repute."

Funeral Directors/Embalmers A.R.S. § 32-1366(A)(1)

(see A.R.S. 32-1301(54)(a), (b))

A funeral director or embalmer can have his/her license revoked or suspended if he/she commits a class 1 or 2 felony, or commits a felony or misdemeanor if the crime has a reasonable relationship to funeral directing or embalming.

Geologists A.R.S. § 32-122.01(A)(1)

There are no specific regulations dealing with license revocation or suspension. However, an applicant for professional registration as a geologist must "be of good moral character and repute."

Homeopathic Physicians A.R.S. § 32-2934 (see A.R.S. § 32-2933(3))

A homeopathic physician can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Home Inspectors A.R.S. § 32-122.02(A)(7)

An application for certification as a home inspector will be denied if the applicant has been convicted of one or more felonies, unless the applicant has had an absolute discharge from sentence at least five years before the application is filed.

Insurance Producers A.R.S. § 20-295(A)(6)

An insurance producer can have his/her license revoked or suspended if he/she is convicted of a felony.

Landscape Architects A.R.S. § 32-122.01(A)(1)

There are no specific regulations dealing with license revocation or suspension. However, an applicant for professional registration as a landscape architect must "be of good moral character and repute."

Liquor Licensing A.R.S. § 4-210(A)(8)
A liquor license can be revoked or suspended if the licensee or controlling person is convicted of a felony.

Massage Therapists A.R.S. § 32-4253(A)(4)

A massage therapist can lose his/her license if he/she is convicted of a felony or other offense involving moral turpitude, or if he/she is convicted for prostitution, solicitation, or other similar offense.

Medical Doctors A.R.S. § 32-1451 (see A.R.S. § 32-1401(27)(d))

A doctor can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Midwifery A.R.S. § 36-756(A)(2)

A midwife can have his/her license revoked or suspended if he/she is convicted of a felony or a misdemeanor involving moral turpitude.

Naturopathic Physicians A.R.S. §§ 32-1551(A) (see A.R.S. § 32-1501(30)(c))

A naturopathic physician can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Nursing A.R.S. § 32-1663(D)(1) (see A.R.S. § 32-1601(16)(b))

A nurse can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Occupational Therapists A.R.S. § 32-3442 (see A.R.S. § 32-3401(9)(m))

An occupational therapist can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Optometrists A.R.S. § 32-1743(1)

An optometrist can have his/her license revoked or suspend if he/she is convicted of a felony or any offense involving moral turpitude.

Osteopathic Physicians A.R.S. § 32-1855 (see A.R.S. § 32-1854(2))

An osteopathic physician can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Pharmacists A.R.S. § 32-1927(A)(2)

A pharmacist can have his/her license revoked or suspended if he/she is convicted of a felony.

Physical Therapists A.R.S. § 32-2044(7), A.R.S. § 32-2047

A physical therapist can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Physician Assistants A.R.S. § 32-2551 (see A.R.S. § 32-2501(21)(u))

A physician assistant can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Pilots Federal Aviation Regulation § 61.15

A pilot can have his/her license revoked or suspended for:
- Conviction of any federal or state statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances;
- Conviction of any state or federal statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;
- Cancellation, suspension, or revocation of a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug or while under the influence of alcohol or a drug.

Podiatrists A.R.S. § 32-852(A)(6) (See A.R.S. § 32-854.01(10))

A podiatrist can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Private Investigation A.R.S. § 32-2457(A)(7) (Individual Licensing); A.R.S. § 32-2422 (Agency Licensing)

A private investigator can have his/her license revoked or suspended if he/she is convicted of any felony. Further, an application for agency licensing will be denied if the applicant has been convicted of any felony, is under indictment for any felony, is on probation pursuant to conviction for an act of personal violence or domestic violence, has been convicted of acting as a private investigator without a license, or has been convicted within the last five years of a misdemeanor involving:
- personal violence or force against another person or threatening to commit an personal violence or force against another person,
- misconduct involving a deadly weapon, or
- dishonesty, fraud, arson, theft, domestic violence, or sexual misconduct.

Private Post-Secondary Educators A.R.S. § 32-3051(2); A.R.S. § 32-3052(D)

A private post-secondary educator can lose his/her license if he/she is convicted of a felony or any crime related to the operation of an educational institution.

Psychologists A.R.S. § 32-2081 (see A.R.S. § 32-2061(A)(13)(i))

A psychologist can have his/her license revoked or suspended if he/she commits any felony, or if he/she commits a misdemeanor involving moral turpitude. The statute states that a conviction is proof of having committed a crime.

Radiologic Technologists A.R.S. § 32-2821(A)(2)

A radiologic technologist can have his/her certificate or permit revoked or suspended if he/she is convicted of a crime involving mortal turpitude, unless his/her civil rights have been restored.

Real Estate Brokers A.R.S. § 32-2124(M); A.R.S. § 32-2153(B)

A real estate broker cannot obtain a license if he/she has a felony conviction and is currently incarcerated, under community supervision, under supervision of parole or community supervision officer, or on probation. Further, a real estate broker's license can be revoked or suspended if he/she is convicted of a felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral turpitude, or any other like offense, or is guilty of any conduct which constitutes fraud or dishonesty dealings.

Remediation Specialists A.R.S. § 32-131(C)

A person is not eligible for certification as a remedial specialist if they have a felony conviction within the last seven years of fraud, misrepresentation, or theft by false pretenses, or involving a transaction in securities or consumer fraud.

Respiratory Therapists A.R.S. § 32-3552(A)(4)

A respiratory therapist can have his/her license revoked or suspended if she/he is convicted of a felony, unless the conviction is set aside by the court.

Security Dealers (Stock Brokers/Financial Planners) NASD Bylaws Article 3, Section 4

A security dealer can lose his/her license upon a conviction for any felony or misdemeanor or of a substantially equivalent crime by a foreign court of competent jurisdiction which:
- involves the purchase or sale of any security, the taking of a false oath, the making of a false report, bribery, perjury, burglary, any substantially equivalent activity however denominated by the laws of the relevant foreign government, or conspiracy to commit any such offense;
- arises out of the conduct of the business of a broker, dealer, municipal securities dealer, government securities broker, government securities dealer, investment adviser, bank, insurance company, fiduciary, transfer agent, foreign person performing a function substantially equivalent to any of the above, or any entity or person required to be registered under the Commodity Exchange Act or any substantially equivalent foreign statute or regulation;
- involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds or securities, or substantially equivalent activity however denominated by the laws of the relevant foreign government; or
- involves the violation of Sections 152, 1341, 1342, or 1343 or Chapters 25 or 47 of Title 18, United States Code, or a violation of a substantially equivalent foreign statute.

Security Guards A.R.S. § 32-2636(A), A.R.S. § 32-2612(A)(3)

A security guard can have his/her license revoked or suspended if he/she:
-is convicted of any felony,
-is convicted of any crime involving threat or act of personal violence or force against a person,
-commits an act of misconduct involving a weapon,
-is convicted of any act constituting fraud,
-serves probation pursuant to a conviction for domestic violence.
In addition, applications for agency licensing will be denied if the applicant has been convicted of any felony or is currently under indictment for any felony.

Structural Pest Control Operators A.R.S. § 32-2321(B)(9)

A structural pest control operator can have his/her license revoked or suspended if he/she is convicted of a misdemeanor arising from or in connection with his/her license, or if he/she is convicted of any felony.

Surveyors A.R.S. § 32-122.01(B)(1)

There are no specific regulations dealing with license revocation or suspension. However, an applicant for professional registration as a landscape architect must "be of good moral character and repute."

Veterinarians A.R.S. § 32-2233(A)(1) (see A.R.S. § 32-2232(10))

A veterinarian can have his/her license revoked or suspended if he/she is convicted of any crime involving moral turpitude, or if he/she is convicted of any felony.

Conclusion

There are many factors at work in the case of the professional who is accused of crime; it is critical that the advice of a competent, creative, and insightful defense attorney be considered, since a conviction can have ramifications far beyond the prosecution itself. Although our office represents clients from all walks of life, our success has led to the representation of many local professionals including attorneys, doctors, federal agents, police officers, professional athletes, executives of Fortune 500 companies, commercial drivers, passenger airline pilots, and even members of the clergy. Mr. Gillespie has lectured on professional licensing consequences of criminal convictions. He has the knowledge and experience necessary to represent the professional on the criminal charges as well as guide the client through the potential collateral occupational consequence attendant thereto.


 
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