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Effect of Conviction on Professional Licenses

In many criminal cases, alleged offenders are primarily concerned with avoiding being sentenced to any term of imprisonment. They are often more willing to plead guilty to lesser charges if it also means lesser punishment.

However, there are others for whom any type of criminal conviction can have devastating consequences. It is critical for many certified or licensed professionals to get criminal charges dismissed or achieve some other favorable outcome that avoids the possibility of having their careers derailed.

Las Vegas Lawyer for Professionals Facing Criminal Charges

If you were recently arrested for any criminal offense in Nevada and you are concerned about the impact that the charges could have on your certificate or license, you will want to be sure that you are working with knowledgeable legal representation. The Law Offices of Jeffrey Jaeger aggressively defends all kinds of licensed professionals throughout Clark County, including North Las Vegas and Henderson.

Clark County attorney Jeffrey Jaeger has studied and written about the rules of evidence in the courtroom, and he co-authored Westlaw’s Courtroom Handbook on Nevada Evidence that is used by judges and litigators all over the Silver State. You can have him review your case to discuss all of your legal options as soon as you call (702) 816-3888 today to take advantage of a free initial consultation.


Overview of Professional Consequences to Nevada Convictions


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Effect of Conviction on Nursing License in Clark County

All applicants for nursing licenses and nursing assistant certificates in the Silver State are required by the Nevada State Board of Nursing to answer five screening questions relating to criminal convictions, discipline in other states, and chemical dependency, among other issues. The second question specifically asks, “Have you ever had a criminal conviction, including a misdemeanor or felony, or had a civil judgment rendered against you?”

If an applicant answers “YES” to this question, then he or she must attach the following to his or her application:

  • A letter of explanation including the date of offense, circumstances leading to the arrest, actual conviction, sentence, additional convictions and current status of sentence;
  • Copies of court documents identifying actual conviction and sentence and current status of sentence or, if no documents are available, a letter from the court stating such;
  • A letter from applicant’s parole or probation officer regarding completion of sentence.

It is important to answer this question honestly because an applicant who answers “NO” can have his or her application denied as a fraudulent application if the Board finds he or she has a conviction. The application can be brought before the Board for acceptance or denial if the applicant has more than two criminal convictions within the last seven years or if a felony conviction.

The Board will deny an application that has any of the following convictions:

  • Murder, voluntary manslaughter, or mayhem;
  • Assault with intent to kill or to commit sexual assault or mayhem;
  • Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually-related crime that is punished as a felony;
  • Prostitution, solicitation, lewdness or indecent exposure, or any other sexually-related crime that is punished as a misdemeanor, within the immediately preceding seven years;
  • A crime involving domestic violence that is punished as a felony;
  • A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding seven years;
  • Abuse or neglect of a child or contributory delinquency;
  • A violation of any federal or state law regulating the possession, distribution or use of any controlled  substance or any dangerous drug, within the immediately preceding seven years;
  • Abuse, neglect, exploitation or isolation of older persons or vulnerable persons;
  • A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding seven years;
  • Any State Plan for Medicaid violations listed in Nevada Revised Statutes §§ 422.450 to 422.590;
  • A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding seven years;
  • Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding seven years;
  • Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or
  • An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding seven years.

An applicant who is granted a license or certificate by the Nevada State Board of Nursing, but has one of the criminal convictions listed above, will be prohibited by the Nevada State Health Division from working in any capacity in a facility for intermediate care, facility for skilled nursing, home health care, or a residential facility for groups.


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Effect of Conviction on Nevada Teaching Licenses

Under Nevada Revised Statute § 391.330, the Nevada Department of Education may suspend or revoke the license of any teacher, administrator, or other licensed employee for a conviction of a felony or crime involving moral turpitude, among other offenses. A criminal history background review is part of the licensure process for educators applying to obtain or renew licenses in Nevada, and this review determines whether a conviction is disqualifying or not.

Superintendents of schools of Nevada school districts and administrative heads of Nevada charter schools are required by Nevada Revised Statute § 391.055 to notify the Department of Education any time a licensed teacher is arrested for an act which may be grounds for revocation or suspension of his or her license. This notification needs to be made within 15 calendar days after receiving notification or obtaining knowledge of the arrest.

The Board of Trustees or other governing body for a charter school is asked to indicate whether it recommends the suspension or revocation of an employee’s educator license on these notification forms. The Nevada State Board of Education can suspend or revoke the license of any teacher, administrator, or other licensed employee for any of the following reasons:

  • Immoral or unprofessional conduct;
  • Evident unfitness for service;
  • Physical or mental incapacity which renders the employee unfit for service;
  • Conviction of a felony or crime involving moral turpitude;
  • Conviction of a sex offense in which a pupil enrolled in a school of a county school district was the victim;
  • Knowingly advocating the overthrow of the federal government or the state of Nevada by force, violence or unlawful means;
  • Persistent defiance of or refusal to obey the regulations of the state board, the commission or the superintendent of public instruction, defining and governing the duties of teachers, administrators, and other licensed employees;
  • Breaches in the security or confidentiality of the questions and answers of examinations measuring the achievement and proficiency of pupils and the college and career readiness assessments;
  • Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments administered to pupils; or
  • An intentional violation of prohibitions on aversive intervention, physical restraints, or mechanical restraints on a pupil with a disability.

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Effect of Conviction on CPA Licenses in Las Vegas

The Nevada State Board of Accountancy has the power under Nevada Revised Statute § 628.390 to revoke or suspend the certificate of any certified public accountant (CPA), any registration or license granted to a registered public accountant, or any registration of a partnership, corporation, limited-liability company, sole proprietorship, or office after the board has given adequate notice and conducted a hearing regarding a criminal conviction. Under the same statute, the Board can also revoke, suspend, refuse to renew, or publicly censure the holder of any permit, license, or registration or any natural person granted practice privileges.

The Board can initiate proceedings based on its own motion, on the complaint of any person, or on a complaint made by a board of accountancy of another state. A written notice of any hearing needs to be served to the alleged offender at least 30 days before the date of the hearing.

A hearing can be conducted by the Board (less any member or members who have been disqualified without appointing persons to replace the disqualified members) or a member of the Board appointed as a hearing officer with the remaining Board members reviewing the record, making a final decision, and issuing the order (unless the Board consists of less than three members to hear or review the case, in which case, the Governor will appoint one or more qualified persons so the review panel consists of at least three persons). The decision of the Board must be by majority vote.

Convictions for felony offenses relating to the practice of public accounting under the laws of any state or jurisdiction or any crime involving an element of dishonesty, fraud, or moral turpitude may be cause for a hearing. Additional causes may include any one or combination of the following:

  • Fraud or deceit in obtaining either a CPA certificate, registration or a license as a public accountant, or a permit to practice public accounting;
  • Dishonesty, fraud or gross negligence by a certified or registered public accountant or a natural person granted practice privileges;
  • Violation of any of the provisions of Chapter 628 of the Nevada Revised Statutes relating to accountants;
  • Violation of a regulation or rule of professional conduct adopted by the Board;
  • Cancellation, revocation, suspension, placing on probation, or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his or her practice in the other state;
  • Suspension, revocation or placing on probation of the right to practice before any state or federal agency;
  • Unless the person has been placed on inactive or retired status, failure to obtain an annual permit within 60 days after the expiration date of the permit to practice last obtained or renewed by the holder of a certificate or registrant or 60 days after the date upon which the holder of a certificate or registrant was granted the certificate or registration, if no permit was ever issued to the person, unless the failure has been excused by the Board;
  • Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting;
  • Making a false or misleading statement in support of an application for a certificate, registration or permit of another person; or
  • Committing an act in another state or jurisdiction which would be subject to discipline in that state.

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Effect of Conviction on Other Licenses in Nevada

There are several other licensing boards in Nevada that have their own codes of conduct and standards for license revocation or suspension. These include, but are not limited to:

  • Nevada State Board of Architecture, Interior Design and Residential Design
  • Nevada State Board of Athletic Trainers
  • Nevada State Board of Dental Examiners
  • Nevada State Board of Medical Examiners
  • Nevada State Board of Pharmacy
  • Nevada State Board of Professional Engineers and Land Surveyors
  • Nevada State Contractors Board
  • State of Nevada Board of Examiners for Social Workers
  • State of Nevada Board of Occupational Therapy
  • State of Nevada Board of Psychological Examiners

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Finding a Criminal Defense Lawyer in Clark County for Licensed Professionals

Are you worried about how your recent arrest in Nevada will affect your professional license or certificate? The Law Offices of Jeffrey Jaeger can fight to protect your career by getting these criminal charges reduced or dismissed.

Las Vegas attorney Jeffrey Jaeger represents clients in communities throughout Clark County. Call (702) 816-3888 right now to receive an evaluation of your case during a free, confidential consultation.

Nevada Appellate Report

Stay up-to-date on the latest legal news in the Silver State. Las Vegas attorney Jeffrey Jaeger discusses important developments in Nevada Appellate Courts.

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