How Can I Get a Professional or Trade License When I Have a Criminal Record?

Getting a professional or trade license when you have a criminal background can be tough. Yet people with criminal convictions (even for serious crimes) have managed to turn their lives around and become respected members of their profession or trade. Careful planning can increase your chances of getting the license that you need to get your career on track.

1. Do Not Lie

The absolute worst thing that you can do on a professional/trade license application is to lie about a criminal record. The chances of your being found out are very high, and you will be in the even worse position of having to explain both why you lied and the nature of your crime.

2. Read the Application Carefully

Not all state agencies will ask you disclose all crimes, but you need to make very certain that you understand exactly what information you are required to list. In general, you will be required to list all criminal convictions, both felonies and misdemeanors, except for minor traffic violations.

IMPORTANT:

• If your criminal record has been expunged, you may still have to include this information on the application. Check carefully as to what is required by reading the application and, if necessary, calling the agency.
• Many people seem to believe that they do not have to disclose misdemeanors or DUI/DWI convictions, even if the application makes it clear that these convictions should be listed. Don't make this mistake!
• If you pled "no-contest" to a crime, you must still list it as a conviction.
• If you have any questions about what you should be listing on the application, do not rely on hearsay from a boss, colleague, or even a school instructor or administrator. Contact the government agency directly, preferably by email or snail mail so that you have their answer in writing.
• If you must contact the agency via telephone, record the day and time of your call, and the name of the name of the agency employee that you spoke to.

3. Get a Copy of Your Own Criminal Records

Like credit reports, it is not unusual for criminal records to contain mistakes (i.e. dates). It is also not unusual for people to be genuinely confused about the nature of their conviction and their punishment. Therefore it is crucial that you get your own criminal records, get them corrected if necessary, and use the information on them to accurately complete your application.

4. Stick to the Facts

If you are asked to describe the nature of your crime, do so plainly and simply. The nature of the conviction and pertinent dates such as the date of your conviction, dates of incarceration, probation, and/or parole are what you should list on the application. Avoid making excuses minimizing the crime.

In many states, you'll have to appear before a licensing board to explain any criminal convictions before receiving a professional or trade license. This hearing is often held as part of a public meeting.

If you are appearing before a board of commissioners, keep in mind that the commissioners are usually appointed to their positions and are not paid for their time, save for a small stipend and travel expenses. An agency employee, on the other hand, is employed by the state licensing board. In either case, you will likely have a very limited time to present your case to them, so be prepared!

1. Documents

Bring with you copies of your court records and reports from your parole/probation officer (if pertinent). Also bring with you any communications between yourself and the licensing agency. Have these items organized and dated so that you can find them when necessary.

2. Timeline

It can be helpful to list the dates of your conviction(s) along with dates of any incarceration, parole, or probation.

3. Get an Attorney (Maybe)

First of all, if your criminal case is ongoing (i.e. you are in the appeals process) you should absolutely speak with your attorney: You don't want to make statements at the licensing hearing that could harm your case!

Secondly, you may not need an attorney if you are comfortable speaking in public and your case is easy to explain.

Otherwise, find an attorney who is experienced in representing clients at administrative hearings. I've seen lawyers actually do their clients more harm than good in a hearing by treating it like a trial. Your lawyer's job in the hearing is to explain the nature of your crime and to demonstrate that you have turned your life around.

4. Get Character Witnesses

If possible, bring character witnesses and family members with you to the hearing. Even if they don't actually testify on your behalf, their presence demonstrates that you have people who support you and to whom you are accountable.

You may choose to be represented by an attorney at the hearing. This can be a good idea if your case was very complex, if you are nervous about speaking in public, or if your English isn't very good. I should warn you, however, that I have seen attorneys do their clients more harm than good at these hearings.

Many lawyers will make the mistake of treating the hearing as if they are in a courtroom in front of a judge and jury. This is not the case. The commissioners deciding the case will not appreciate arguments, showboating, or being patronized by a lawyer.

Instead, your lawyer should be there as your advocate: They should be able to accurately explain the nature of your crime, describe how you have turned your life around, and answer any questions. Your lawyer should not attempt to "mount a defense" for you: You are not on trial.

Another thing that your lawyer should not do is to minimize your crime by claiming that you were just "going along" as an accessory: This is a red flag to commissions who may fear that you are particularly vulnerable to peer pressure.

Very Important: Try and hire a lawyer who has experience with this sort of hearing. If your lawyer doesn't have such experience, it may be worth it to pay for his/her paralegal/legal assistant to attend a hearing for a few hours.

1. Don't Be Late: Many hearings are held in government buildings that have a strong security presence, so be prepared to go through metal detectors and to have to put your belongings through an x-ray machine. To be safe, you and your character witnesses should plan to get to the building an hour before your hearing is scheduled.
   
2. Bring ID: You and your character witnesses should bring photo identification, as this will typically be checked by security.
3. Dress Professionally: It shows respect for the commission, the proceedings, and demonstrates that you take this matter seriously.
4. Documents: Remember to bring your timeline and any pertinent documents, including a log of conversations with agency employees regarding your case.
5. Ask Directions: When you enter the hearing room, ask the guard (or whoever meets you at the door) where you should check in. You typically will be given a list of all the cases to be heard that day, and yours will be on it. Be aware that some individuals will not show up for the hearing, so your case may come up faster than you think!
   

1. Be Polite: At no time should you lose your cool, even if you feel that you are being treated disrespectfully by the commission. If you become rude or belligerent, you will lose your case.

2. Pay Attention: You will likely be asked several questions by commission members. Pay attention to the questions, asking for clarification when necessary.

3. Give Simple Answers: Give what information is asked for and avoid giving excuses or doing a lot of "explaining."

4. Demonstrate Your Trustworthiness: Avoid dwelling on the crime, and instead describe what you have done to rebuild your life. Tell the commission about your family, your job, your home, your schooling, your church and your community activities.

5. Practice Self-Control: If the commission does not rule in your favor, keep your composure and thank the commission for their time. If they do rule in your favor, again, maintain composure, and thank them for their confidence in you.