Weighing the Impact of Criminal Convictions on Licensure
( From the NCEES publication LICENSURE EXCHANGE, June 2010, ISSN NO. 1093-541X, VOLUME 14, ISSUE 3 – PAGE 12 )
NCEES: Weighing the Impact of Criminal Convictions on Licensure
By Rick Huett
Committee on Law Enforcement Member
The NCEES Model Law contains language that specifically addresses a board’s authority to take action relative to criminal convictions. In Section 150.10, it states in part,
The board has the power to suspend, revoke, place on probation, fine, recover costs, and/or reprimand, or to refuse to issue, restore, or renew a license or intern certification to any licensee or intern that is found guilty of … any crime that is a felony, whether or not related to the practice of engineering or surveying; and conviction of … any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or surveying.
The statute for my home state, Alabama, differs slightly from the Model Law and requires the board to revoke the license of any individual who receives a felony conviction, whether or not the crime is related to the practice of engineering or surveying and to revoke the license for any misdemeanor conviction that is directly related to the practice of engineering or surveying. The board can stay the revocation; however, this has not been its tendency in most cases. It’s easy to see that a criminal conviction has a tremendous impact on the ability to obtain, or maintain, a license in the state of Alabama.
As part of its license application and renewal process, the Alabama board reviews court records to determine if an initial applicant has received a criminal conviction, it reviews the NCEES Enforcement Exchange database to see if any disciplinary action has been taken by other jurisdictions against applicants for licensure or individuals already licensed in Alabama, and it requires all licensees to answer questions concerning disciplinary actions and criminal convictions as a condition for annual license renewal. The questions asked on the renewal application are
- Have you been convicted of a felony or misdemeanor (other than a minor traffic violation) or entered a nolo contendere plea or entered a plea under the First Offender Act since your last renewal?
- Have you been subject to disciplinary action by this or any other licensing board since your last renewal?
Licensees who report a disciplinary action or criminal conviction are required to submit documentation relative to the violation. While disciplinary actions generally fall into two broad categories—conduct or competency—reported criminal violations range from public intoxication to homicide. (Yes, Alabama has a former licensee currently serving a 20-year prison sentence for murder.)
Because of the numerous types of reported criminal convictions—and the perceptions attached to them—last year, the NCEES Committee on Law Enforcement was charged to develop guidelines to assist member boards with evaluating the types of criminal convictions that should be considered as grounds for denying a license or placing sanctions on an existing license. The committee concluded that the NCEES Model Law and Model Rulesadequately address criminal convictions as they relate to an applicant’s eligibility for licensure. The committee also decided it was best to evaluate each criminal conviction on a case-by-case basis and developed criteria for member boards to consider when evaluating criminal convictions.
The criteria included
- Type and seriousness of offense—Some convictions, such as sex crimes and violent offenses, may automatically result in denial of licensure or revocation of a professional license, as compared with misdemeanor offenses, which are typically less serious.
- The offender’s rehabilitation—Has the individual completed probation or court-ordered treatment programs?
- The offender’s chance of recidivism
- Whether the offense directly related to the offender’s practice of engineering or surveying
- The age of the offender when the crime was committed
- The offender’s criminal history
- The amount of time elapsed since the offense(s) occurred
Thee ultimate goal is to determine the individual’s fitness for licensure.
For an example of the use of these criteria, a member board granted a license to a professional engineer from another state who disclosed on his application that he had a felony burglary conviction. Upon review, the board determined that the offense had occurred 15 years earlier and the applicant had completed his sentence, graduated from school, obtained a professional engineer license in another state, and had practiced for 11 years without incident.
There have also been cases reported to NCEES Enforcement Exchange in which member boards revoked licenses of individuals for criminal convictions involving child molestation, sexual assault, or child pornography. Although these offenses were unrelated to the individuals’ practice, the member boards felt the acts were evidence that the licensees were not of good moral character and therefore unfit for licensure.
It would be a difficult task to set a specific disciplinary sanction for a specific criminal offense. We tend to view certain types of crimes differently, and rarely do similar crimes contain identical circumstances and facts. It is more appropriate for member boards to review violations on a case-by-case basis and fairly consider all facts and circumstance before reaching a conclusion.
