Consequences Dentists Face when Challenged with Criminal Investigation or Criminal Charges
Similar to other licenses, dentists, dental hygenists and those applying for dentist licenses may be reprimanded by the Board for criminal convictions that are substantially related to the practice of dentistry.
Here are some examples of crimes that the Board has considered substantially related to dentistry (or otherwise subject to discipline under the Dental Practice Act): improper rebating, receiving stolen property, possession of a forged instrument, burglary, crimes involving drugs or alcohol (like possession of controlled substance or driving under the influence or prescription fraud). However, being convicted of a crime requiring registration as a sex offender will result in license revocation.
The Board will look to a variety of rehabilitative factors including severity of the offense, the total criminal record, time elapsed since offense, licensees compliance with probation or parole terms, evidence of expungement. It is helpful to have a conviction expunged anyway, if possible, even though it will still count as a conviction in the Dental Board’s eyes.
With respect to expungement, even though the conviction still counts, if you have met the requirements for expungement this will be a mitigating factor in favor of rehabilitation. Other evidence of rehabilitation, such as counseling, remedial education, letters of reference, 12-step participation, etc., also will be helpful. You want the Dental Board to see that you have sincerely come to terms with your crime, are remorseful and are committed to moving forward in a positive way. This is why it is important to retain a defense attorney if you are facing criminal charges that could affect your dentist’s license.
Fortunately, the law says that a Dentist license cannot be denied solely on the basis a felony conviction if the applicant has received a certificate of rehabilitation under the Penal Code or on the basis of a misdemeanor if the applicant has met all rehabilitation criteria set forth above.
If you are a dentist facing criminal charges please contact the Defense Lawyer Corporation at 949-347-5478.