Most people understand the difference between right and wrong, and when they make mistakes, they try to fix them, move on, and do better in the future. As a professional, however, you may be held to a more stringent set of standards governed by a licensing board.
What happens when you violate legal or ethical standards in your profession? In some cases, you may be obliged, as a license-holder, to self-report the wrongdoing to your licensing board. You may need professional license defense assistance to understand your obligations, determine whether self-reporting is necessary, and proceed proactively to protect your interests without further wrongdoing.
Take a closer look at how you can successfully navigate self-reporting violations in California.
Is Self-Reporting Required in Your Profession?
Professional licensing boards are typically state-run entities, beholden to federal and state laws, as well as their own set of standards. This means that rules can vary widely among states, professions, and licensing agencies.
For example, the bar for conduct is very high for healthcare professionals, to whom patients entrust their lives. A medical board might require not only that healthcare providers report criminal charges and convictions — like a felony and misdemeanor— but also ethical violations and civil verdicts, including settlements, judgments, or arbitration over a certain amount.
Fields that don’t feature the same life-or-death outcomes as medicine may have lesser reporting standards. Realty licensing boards, for example, may only require real estate professionals to report criminal charges and convictions.
Regardless, it’s always best to consider a professional license defense consultation if you’re unsure about your obligations.
Knowing When to Report Violations Against Your License
If your licensing board requires reporting, it will be a violation of the law, and a separate cause for discipline, if you fail to report, as the law creates a compulsory disclosure of a triggering event.
There are a couple of things to discuss with your professional license defense attorney before you report. First, you need to make sure that a relevant violation has occurred. You don’t want to self-report only to find that it wasn’t required, and you’ve triggered an unnecessary investigation.
You also may discuss voluntarily reporting when it is not otherwise required by law. This is a more tricky analysis that takes great care in weighing the risk and reward of doing so. Usually, if reporting is not required, it is best not to “wake a sleeping giant.”
However, there are other factors, including possible leniency for self-reporting versus the ability to defend yourself if you are later charged with a violation.
Potential Benefits of Self-Reporting Regardless of Whether it is Compulsory or Voluntary.
There are two major benefits possible when you self-report. Notably, you can frame the narrative, and you may enjoy more lenient treatment from the disciplinary board when you fulfill self-reporting obligations.
Framing the Narrative
There’s something to be said for getting in front of bad news. When you self-report as a show of good faith and transparency, you have an opportunity to define your story. This could include presenting yourself and your actions in a positive light.
Although you will have to admit to wrongdoing, you might frame it as necessary and reasonable within the circumstances. You can also outline corrective actions you’re taking to show remorse and an intent to abstain from future violations.
Leniency
To encourage self-reporting, disciplinary boards may dangle the carrot of leniency, although it will almost certainly be offered on a case-by-case basis. In other words, it isn’t necessarily guaranteed. Still, a minor or first-time offense is likely to receive greater leniency.
Potential Drawbacks of Self-Reporting
Whether your violations are legal or ethical, self-reporting can be a frightening prospect. You’ll want to speak with a professional license defense lawyer to understand the potential consequences of self-reporting so that you can prepare yourself.
There are two major drawbacks when self-reporting that you will want to consider: admitting guilt and facing board-imposed penalties.
Admitting Guilt
It is said the best offense is a good defense. If you self-report, you’re admitting guilt, leaving you very little wiggle room to defend yourself against disciplinary actions like fines or the suspension or revocation of your license. Thus, when a report is made, extra care should be given to how the reporting language is framed. There is a way of reporting an incident that is required to be reported without necessarily admitting guilt. A qualified attorney can work with you on this nuance.
Penalties for Your Conduct
Even if you uphold values like trust and transparency by self-reporting, leniency only goes so far, and you may still face discipline for your conduct, especially if you’ve been convicted of serious legal or ethical violations.
Discipline can be something like a public reprimand, or, on the other extreme, you could lose your license to practice, impacting your livelihood in the process.
Consult a Professional Licensing Defense Attorney Before Self-Reporting
It can be tough to face professional license violations on top of criminal or civil charges. You will need to carefully consider the potential benefits of following through on an obligation to self-report versus the possible consequences of failing to do so. With help from an experienced professional license defense attorney, you can develop a strategy that best protects your interests.
The capable and compassionate team at S J Harris Law is more than qualified to advise and support you and your licenses as you consider a self-report conviction. Contact us to schedule your consultation and explore your options today.
