‍Understanding the Timeline: From Criminal Charge to License Discipline in Tennessee

Being accused of a crime in Tennessee can have far-reaching consequences, especially if you hold a professional license. Whether you’re a nurse, teacher, lawyer, real estate agent, or other licensed professional, a criminal charge can trigger a licensing board investigation that may affect your career. Understanding the timeline and process from criminal charge to potential disciplinary action is critical to protecting your professional future. The process may vary slightly, but usually entails the following.

Step 1: Arrest or Criminal Charge

The timeline begins the moment you are charged with a criminal offense in Tennessee. Depending on the severity of the alleged crime, this may include:

• DUI or DWI offenses
• Theft or fraud charges
• Drug-related offenses
• Assault or violent crimes

For professionals, even misdemeanor charges can trigger notifications to licensing boards under Tennessee law.

Step 2: Self-Reporting Requirements

Many professional licenses in Tennessee require self-reporting of criminal charges within a specific period. For example:

• Nurses must report to the Tennessee Board of Nursing.
• Lawyers must report to the Tennessee Board of Professional Responsibility.
• Real estate agents report to the Tennessee Real Estate Commission.

Failure to report can result in separate disciplinary actions, including fines, suspension, or revocation of your license.

Step 3: Licensing Board Notification

Once the criminal charge is reported (by you or the court), the licensing board is notified and begins its administrative process. This may include:

• Verification of charges and arrest records
• Requests for additional documentation or explanation
• Preliminary review to determine if a formal investigation is necessary

The timing for this step can vary, but boards typically begin reviewing cases within weeks of notification.

Step 4: Board Investigation

If the board determines that the charge could impact your ability to practice safely or ethically, they may open a formal investigation. Key aspects include:

• Gathering evidence, court records, and statements
• Notifying you of the investigation and potential hearing
• Allowing you to respond in writing or provide documentation

Investigations may take several months, depending on the complexity of the case and the type of offense.

Step 5: Hearing and Disciplinary Action

If the board concludes that disciplinary action may be warranted, a formal hearing is scheduled. During this stage:

• You may present evidence, witnesses, or legal arguments
• The board reviews your case, considering mitigating factors such as first-time offenses, rehabilitation, or minor charges
• Potential outcomes include:
  
  • Dismissal of the case
  • Warning or reprimand
  • Fines or probation
  • Temporary suspension
  • Revocation of your license

The timing from hearing to decision varies, but it can take several weeks to months for the board to issue a ruling.

Step 6: Post-Decision and Appeals

After the board issues a decision, you may have the right to appeal or request reconsideration under Tennessee law.

• Appeals may involve administrative law courts or civil courts
• Timelines for appeals are strictly regulated
• Legal representation is highly recommended to navigate these proceedings

Even after the final decision, some boards allow reinstatement or probationary return if you meet certain conditions.

Tips for Navigating the Timeline Successfully

1. Consult an attorney immediately: Criminal defense and professional license defense require different strategies.
2. Respond promptly to board requests: Missing deadlines can worsen your situation.
3. Document rehabilitation efforts: Alcohol treatment, counseling, or community service may mitigate consequences.
4. Stay informed: Understand your board’s rules, deadlines, and reporting obligations.

A criminal charge doesn’t automatically mean the end of your career, but acting quickly is critical. At Hagar & Phillips, LLC, our attorneys help licensed professionals in Tennessee navigate criminal charges while protecting their career and license.

Contact us today to schedule a consultation to discuss your case, understand the timeline, and safeguard your professional future.