Life presents challenges, and individuals may encounter circumstances they later regret. Some individuals may have had prior involvement with the criminal justice system. Fortunately, opportunities for rehabilitation and reintegration into professional life are available. Professional licenses are still available to you. Your prior convictions may make things more complicated for you, but it is often not impossible. Most professional licenses have a limited look back period and often times licensing boards are understanding and willing to help rehabilitated individuals become contributing members of society.
However, if you fail to disclose your criminal history, your application will be given a closer review, and any explanations will be seen as at least slightly self-interested. Attempting to conceal prior convictions from licensing authorities is ineffective and inadvisable. Each agency has similar access to criminal background information as law enforcement. Ultimately, honesty is the best policy as you will gain credibility with the regulators and possibly help get your license issued.
Why Regulators Care About Criminal Background History
Licensing authorities are tasked with safeguarding the public and upholding the integrity of licensed professions by ensuring compliance with legal and ethical standards. Regulators must closely monitor criminal histories of applicants and license holders to ensure the integrity of the profession. By issuing an individual license, the regulator is providing the public with assurance that individuals with violent or fraudulent criminal histories do not pose a risk to the public.
Criminal background checks allow regulators to verify the nature of the criminal charge, but they do not tell the whole story. Particular scrutiny is applied to offenses involving dishonesty, fraud, or violence. A frank explanation of your story may be the difference between the license being issued and a potential denial. In general, the severity of the offense correlates with increased difficulty in obtaining licensure, although outcomes may vary based on individual circumstances.
Disclosure Requirements for Florida Professional Licenses
Disclosure requirements vary for professional licenses in Florida. They are governed by a combination of statutes and administrative rules which vary from agency to agency. The prevailing policy requires applicants to disclose any criminal convictions, especially felonies, during both the application or renewal processes. License holders are required to keep the licensing agency informed regarding any new convictions. It is also important to note that some agencies require disclosure of convictions even if they were sealed and expunged.
Applicants should carefully review both the statute and rule applicable to their license type, as failure to disclose—even unintentionally—can lead to denial, suspension, or revocation. When in doubt, full transparency is the safest path forward. This is where an attorney can help you prepare your application. It is helpful to ensure proper initial disclosure to prevent causing what could become an insurmountable delay. Proper framing of your conviction can help acquire your license.
Disclosure Requirements Across Florida Professional Licenses
| License Type | Disclosure Requirements | Potential Consequences of Nondisclosure |
|---|---|---|
| Construction Industry Licenses | Full disclosure of all criminal convictions is required. Boards assess severity, relevance, rehabilitation, and time elapsed. | Application denial or disciplinary review based on nondisclosure. |
| Consumer Financial Lender Licenses | Disclosure of criminal history is mandatory, with emphasis on financial crimes. Felony convictions involving fraud or dishonesty are scrutinized. | Denial of license due to perceived risk or lack of integrity. |
| Real Estate Licenses | Disclosure of all criminal history, including sealed or expunged records, is required. | Failure to disclose may result in denial or disciplinary action. |
| Alcoholic Beverages & Tobacco Licenses | Background checks and disclosure of criminal convictions are required. | Nondisclosure may lead to license revocation or financial penalties. |
| Florida Bar | Applicants must disclose all criminal charges, convictions, and pleas. The Florida Board of Bar Examiners evaluates character and fitness. | Nondisclosure is treated as a serious ethical violation and may bar admission. |
Consequences of Failing to Disclose Criminal History
Rules and statutes require license applicants to provide accurate information when filing an application. This includes prior criminal history. Failure to disclose criminal history can significantly impair an application and may be viewed more negatively than the underlying offense. Failure to disclose criminal charges or convictions is considered a serious violation by itself with its own penalties. Regulators treat nondisclosure as evidence of dishonesty or lack of integrity, which can be more damaging than the underlying offense itself. Even if the offense itself would not have disqualified the applicant, nondisclosure may result in denial and procedural delays.
Best Practices for Applicants and License Holders
If it is time to apply for a license or renew an existing one, remember to disclose criminal convictions. State regulators are watching, and no benefit is gained by delaying the process. The opposite is in fact true. You must be proactive. You must be prepared to disclose and explain any criminal conviction to your state licensing authority without delay.
An applicant’s explanation is critical to a successful application. It will help present your case and will be referred to repeatedly during the application process. Engaging an attorney can help you identify which materials need to be provided to assist with your explanation. An attorney can help you interact with the licensing agency and ultimately help navigate your licensing application to an approval. The process can be confusing but hiring the right representation can be a huge benefit.
Contact Us
Prior convictions need not define one’s professional future. With appropriate disclosure and compliance, past mistakes can be overcome. Your past mistakes should stay in the past. Remember transparency and compliance are the key to successfully navigating Florida’s regulatory agencies. The legal professionals at Jimerson Birr are available to assist with the preparation and submission of professional license applications.