Protecting Your License: Arrested While Holding a Professional License in Austin, Texas

You have spent years building your career. Medical school, residency, board certifications. Law school, bar exam, years of practice. Nursing school, licensure, countless hours of patient care. Your professional license is not just a credential—it is your livelihood, your reputation, and the foundation of your life. Then, you are arrested. A DWI, a domestic disturbance, a misunderstanding, or an accusation. Suddenly, your career is at risk. Not just from the criminal charge itself, but from the professional licensing board that will investigate, discipline, and potentially revoke the license you worked so hard to earn.

At Barton & Associates, Attorneys at Law, we represent licensed professionals throughout Austin and Central Texas who are facing criminal charges. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to the intersection of criminal defense and professional licensing. We understand that your license is as important as your freedom—and that an effective defense must address both.

Whether you are a physician, nurse, attorney, real estate agent, teacher, engineer, or other licensed professional, we provide the strategic guidance and aggressive representation you need to protect your license, your career, and your future.

Understanding the Intersection of Criminal Charges and Professional Licenses

When a licensed professional is arrested or charged with a crime, the consequences extend far beyond the criminal court. Professional licensing boards have the authority to investigate, discipline, and revoke licenses based on criminal conduct—even if the charges are ultimately dismissed or the professional is acquitted.

How Licensing Boards Learn of Charges:

• Self-Reporting: Most licensing boards require licensees to report any arrest or criminal charge within a specific timeframe (often 30 days).

• Board Monitoring: Licensing boards regularly monitor criminal records.

• Employer or Public Complaints: Employers, patients, clients, or the public may report charges to the board.

Common Licensing Boards in Texas:

• Texas Medical Board (TMB): Physicians, physician assistants, acupuncturists, surgical assistants

• Texas Board of Nursing (BON): Registered nurses (RNs), licensed vocational nurses (LVNs), advanced practice registered nurses (APRNs)

• State Bar of Texas: Attorneys

• Texas Real Estate Commission (TREC): Real estate agents, brokers, inspectors

• Texas Education Agency (TEA): Teachers, administrators, school counselors

• Texas Department of Licensing and Regulation (TDLR): Over 30 professions including engineers, architects, cosmetologists, contractors

Potential Consequences:

• License Suspension: Temporary loss of license pending investigation or resolution

• License Revocation: Permanent loss of license

• Probationary License: License with conditions, such as monitoring, treatment, or practice restrictions

• Fines and Penalties: Monetary sanctions

• Public Reprimand: Public notice of disciplinary action

• Reporting Requirements: Requirement to report discipline on future license applications

For licensed professionals in Austin, a criminal charge is a threat to both your freedom and your career.

Do I Have to Report an Arrest to My Professional Licensing Board?

Yes. In most cases, you are required to report an arrest or criminal charge to your licensing board. Failure to report can result in separate disciplinary action.

Reporting Requirements:

• Timing: Most boards require reporting within 30 days of the arrest or charge.

• What to Report: The nature of the charge, the circumstances, and any resolution.

• Consequences of Non-Reporting: Failure to report can result in additional charges of dishonesty or failure to cooperate, which may be treated more severely than the underlying charge.

Before You Report:

Before reporting, consult with an attorney who understands both criminal defense and licensing board matters. Your attorney can help you:

• Understand your reporting obligations

• Craft a response that protects your rights

• Coordinate your criminal defense and licensing defense

The Danger of Reporting Too Quickly:

Reporting before you have a full understanding of the charges and potential outcomes can be harmful. Your attorney can help you determine the best timing and content of any required report.

For licensed professionals in Austin, reporting a criminal charge is a critical step that requires careful guidance.

How to Defend Your Professional License After an Arrest

Defending your professional license requires a coordinated strategy that addresses both the criminal case and the licensing board investigation.

Step 1: Coordinate Your Defense

Your criminal defense and your licensing defense must be coordinated. What you say in one forum can affect the other. A unified strategy ensures:

• Consistent positions across forums

• Protection of your rights in both proceedings

• The best possible outcome overall

Step 2: Understand Your Licensing Board’s Rules

Each licensing board has its own rules, procedures, and standards. Your attorney should be familiar with the board that governs your profession. Key considerations:

• What conduct triggers discipline?

• What are the possible sanctions?

• What is the process for investigation and hearing?

Step 3: Respond to the Board Investigation

When the board investigates, you have the right to respond. Your response should:

• Acknowledge the charges (if appropriate)

• Present mitigating evidence

• Demonstrate your fitness to practice

• Address any underlying issues (treatment, rehabilitation)

Step 4: Negotiate a Resolution

In many cases, licensing board matters can be resolved through negotiation. Possible resolutions include:

• Dismissal of the complaint

• Non-disciplinary resolution (remedial education, monitoring)

• Probationary license with conditions

• Agreed order with specific sanctions

Step 5: Prepare for Hearing

If a resolution cannot be reached, a hearing may be held before the board or an administrative law judge. Your attorney can:

• Present evidence

• Cross-examine witnesses

• Argue for the least severe sanction

Step 6: Consider Appeal

If the board imposes sanctions, you may have the right to appeal. Appeals are typically based on legal error or abuse of discretion.

For licensed professionals in Austin, a coordinated defense is essential to protecting your license.

DWI and Professional Licenses

DWI (Driving While Intoxicated) is one of the most common criminal charges affecting licensed professionals. A DWI can trigger licensing board action even for a first offense.

How Licensing Boards View DWI:

• Texas Medical Board: DWI is considered unprofessional conduct. The board may impose monitoring, treatment, or practice restrictions.

• Texas Board of Nursing: DWI is considered conduct that endangers patients. The board may require evaluation, treatment, and monitoring.

• State Bar of Texas: DWI may result in disciplinary action, including public reprimand or probation.

• Texas Real Estate Commission: DWI may affect licensure, particularly for multiple offenses.

Mitigating a DWI:

• First Offense: A first DWI with no aggravating factors may result in non-disciplinary resolution.

• Treatment: Completing alcohol education or treatment programs demonstrates accountability.

• No Pattern: No prior alcohol-related incidents.

Aggravating Factors:

• Multiple DWIs

• High blood alcohol content (BAC)

• Accident or injury

• Refusal to submit to testing

For licensed professionals in Austin, a DWI is serious—but with the right defense, you can protect your license.

Drug Offenses and Professional Licenses

Drug offenses—possession, prescription fraud, or drug-related DWI—are particularly concerning to licensing boards. Boards view drug offenses as evidence of substance abuse that may impair judgment and patient or client safety.

How Licensing Boards View Drug Offenses:

• Texas Medical Board: Drug offenses may result in license suspension, mandatory treatment, and monitoring.

• Texas Board of Nursing: Drug offenses are treated very seriously. The board may require evaluation, treatment, and long-term monitoring.

• State Bar of Texas: Drug offenses may result in disciplinary action, including suspension.

Mitigating Drug Offenses:

• Treatment: Completion of drug treatment programs demonstrates rehabilitation.

• No Pattern: A single offense with no prior drug history.

• No Patient/Client Harm: No evidence that the offense affected your practice.

Aggravating Factors:

• Multiple drug offenses

• Diversion of drugs from practice

• Patient/client harm

• Failure to seek treatment

For licensed professionals in Austin, drug offenses require a coordinated criminal and licensing defense.

Domestic Violence and Professional Licenses

Domestic violence charges—even misdemeanors—can have severe consequences for licensed professionals. Licensing boards view domestic violence as evidence of poor judgment, anger management issues, and potential threat to patients or clients.

How Licensing Boards View Domestic Violence:

• Texas Medical Board: Domestic violence may result in board investigation and potential sanctions.

• Texas Board of Nursing: Domestic violence may affect licensure, particularly if there is a pattern.

• State Bar of Texas: Domestic violence may result in disciplinary action, including suspension.

Mitigating Domestic Violence:

• Treatment: Completion of anger management or counseling programs.

• No Pattern: A single incident with no prior history.

• Circumstances: Evidence of the circumstances surrounding the incident.

• No Patient/Client Harm: No evidence that the offense affected your practice.

Aggravating Factors:

• Multiple incidents

• Use of weapon

• Serious injury

• Violation of protective order

For licensed professionals in Austin, domestic violence charges require a careful defense that addresses both criminal and licensing consequences.

Theft and Fraud Offenses

Theft, fraud, and other crimes of dishonesty are treated very seriously by licensing boards. These offenses go to the heart of professional integrity and trustworthiness.

How Licensing Boards View Theft and Fraud:

• All Boards: Crimes of dishonesty are viewed as directly related to professional fitness. Even misdemeanor theft can result in license revocation.

• Texas Real Estate Commission: Financial crimes are treated with particular severity.

• State Bar of Texas: Dishonesty is grounds for disbarment.

Mitigating Theft and Fraud:

• Restitution: Full payment of restitution.

• First Offense: No prior criminal history.

• Circumstances: Evidence of the circumstances that led to the offense.

• Rehabilitation: Evidence of changed behavior and accountability.

Aggravating Factors:

• Multiple offenses

• Large amount

• Offense involved clients or patients

• Breach of fiduciary duty

For licensed professionals in Austin, theft and fraud charges require an aggressive defense.

Frequently Asked Questions About Arrested While Holding a Professional License in Austin, Texas

When licensed professionals come to our office—whether from Austin’s hospitals, law firms, real estate offices, or schools—they often have questions about protecting their licenses. Here are the answers to the most common inquiries we receive.

Do I have to report an arrest to my licensing board?

Yes, in most cases. Most licensing boards require licensees to report any arrest or criminal charge within 30 days. Failure to report can result in separate disciplinary action.

Can I lose my license for a misdemeanor?

Yes. Many misdemeanors—including DWI, domestic violence, theft, and drug possession—can result in licensing board action, including suspension or revocation.

What is the difference between a criminal case and a licensing board case?

A criminal case determines guilt or innocence and can result in fines, probation, or incarceration. A licensing board case determines fitness to practice and can result in license suspension, revocation, or other sanctions. They are separate proceedings with different standards and consequences.

Can I get my license back after revocation?

In some cases, yes. Depending on the board and the offense, you may be eligible to apply for reinstatement after a waiting period. Evidence of rehabilitation is essential.

What should I do if I am contacted by my licensing board?

Do not respond without consulting an attorney. Your response can affect both your licensing case and your criminal case. An experienced attorney can help you craft a response that protects your rights.

Will my license be suspended while my case is pending?

In some cases, the board may impose interim suspension pending investigation or resolution. You have the right to challenge an interim suspension.

Do I need an attorney for licensing board matters?

Yes. Licensing board matters are complex, and the stakes are high—your career is on the line. An experienced attorney can help you navigate the process and protect your license.

Why Barton & Associates for Professionals Facing Criminal Charges in Austin

Licensed professionals facing criminal charges need attorneys who understand both criminal defense and the unique rules of professional licensing boards. The attorneys at Barton & Associates bring decades of experience to the intersection of criminal law and professional regulation, helping professionals protect their licenses and their careers.

We are deeply rooted in the Austin professional community. We understand the Texas Medical Board, the Texas Board of Nursing, the State Bar of Texas, and the other licensing boards that govern professionals in Central Texas. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your profession, your license, and your goals. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your License

If you are a licensed professional who has been arrested or charged with a crime, your career is on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of protecting your license and your future. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your license and your career.

Main Category: Criminal Defense Austin
Practice Area Category: Military, Professional or Student
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)