Can a Misdemeanor Charge Result in License Suspension in Tennessee?
Many licensed professionals in Tennessee assume that only felony convictions can threaten their careers. However, even a misdemeanor charge—from a DUI to a minor theft or assault—can trigger investigations and potential license suspension. Understanding how misdemeanors affect professional licensure, what steps you should take, and how to protect your career is essential for anyone facing criminal charges.
What Is a Misdemeanor in Tennessee?
Although this is subject to variation, a misdemeanor is considered a less serious criminal offense than a felony. Misdemeanors are typically classified as Class A, B, or C, with Class A being the most serious:
- Class A Misdemeanor: Maximum penalty of 11 months, 29 days in jail and fines up to $2,500. Examples: DUI, assault, certain thefts.
- Class B Misdemeanor: Maximum 6 months in jail and fines up to $500. Examples: minor drug possession, simple assault.
- Class C Misdemeanor: Maximum 30 days in jail and fines up to $50. Examples: disorderly conduct, petty theft.
Even minor misdemeanors can have long-term consequences for professional licensure, depending on the offense and your profession.
Why Misdemeanors Matter for Licensed Professionals
Licensing boards in Tennessee are responsible for protecting the public and ensuring that professionals act safely, ethically, and responsibly. Boards consider any criminal activity that may reflect on your ability to practice competently.
Key Factors Boards Consider:
- Nature of the Offense
- Crimes involving moral turpitude, dishonesty, or substance abuse are more likely to trigger disciplinary action.
- Examples: DUI, theft, fraud, assault, drug possession.
- Pattern of Behavior
- A single isolated misdemeanor may result in a warning or probation.
- Multiple offenses suggest a pattern and may increase the likelihood of suspension or revocation.
- Impact on Professional Duties
- Boards assess whether the offense directly affects your ability to perform your professional responsibilities safely and ethically.
- For example, a DUI could affect nurses, teachers, or commercial drivers more significantly than unrelated minor offenses.
Examples of How Misdemeanors Affect Different Professions
Healthcare Providers
- Nurses, physicians, and other medical professionals are often required to self-report criminal charges to their licensing boards.
- Even a first-time DUI or drug-related misdemeanor can trigger investigations, probation, or temporary license suspension.
- Repeat offenses may result in permanent license revocation.
Educators
- Teachers and school staff must disclose misdemeanors to the Tennessee Department of Education.
- Charges involving moral turpitude, substance use, or violence can result in suspension pending investigation.
Legal Professionals
- Attorneys must report all criminal charges to the Tennessee Board of Professional Responsibility.
- Even misdemeanors such as DUI or theft may trigger disciplinary hearings, fines, or temporary suspension.
Financial and Real Estate Professionals
- Real estate agents, accountants, and other licensed professionals may face board scrutiny for offenses involving dishonesty, fraud, or theft.
- Misdemeanor convictions in these areas can result in fines, probation, or license revocation.
Steps to Protect Your License After a Misdemeanor Charge
If you are a licensed professional in Tennessee facing a misdemeanor, taking proactive steps can protect your career:
- Understand Your Reporting Obligations
- Most licensing boards require you to self-report criminal charges within a specific time frame.
- Failing to report can result in additional disciplinary action, separate from the misdemeanor itself.
- Consult an Experienced Attorney
- A professional license defense attorney can help you navigate board investigations, respond effectively, and advocate for reduced penalties.
- Document Mitigation Efforts
- Completion of alcohol treatment programs, counseling, or community service can demonstrate responsibility and reduce disciplinary consequences.
- Respond Promptly to Board Inquiries
- Timely and professional responses to board requests for information show cooperation and accountability.
- Avoid Compounding the Issue
- Avoid new legal problems, and follow all probation or court requirements.
- Maintain professional conduct to strengthen your position during board review.
The Timeline: From Misdemeanor Charge to License Decision
Understanding the typical timeline helps you plan:
- Criminal Charge – Your case begins in criminal court.
- Board Notification – Licensing boards may be notified automatically or through self-reporting.
- Investigation – The board gathers information, reviews court documents, and may request statements from you.
- Hearing – A formal hearing may be scheduled if the board determines the misdemeanor could impact your ability to practice.
- Decision and Appeal – Outcomes can range from dismissal to probation or license suspension. Appeals are possible if the board rules against you.
This process can take several months to over a year, depending on the complexity of the case and the board involved.
Even a seemingly minor misdemeanor can put your professional license at risk. At Hagar and Phillips, we offer defense for professionals in Tennessee against criminal charges while protecting their career and license. Our attorneys can help you:
- Navigate licensing board rules and procedures
- Advocate for reduced or mitigated disciplinary actions
- Protect your rights throughout the criminal and administrative process
Contact us today to schedule a consultation to safeguard your professional future and explore your legal options.
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Hagar Phillips Attorneys At Law