How Criminal Charges Impact Your Job and Professional Licenses in Virginia

A criminal charge can be life-altering, affecting more than just your legal standing. For many individuals in Virginia, the consequences extend beyond fines or jail time, impacting job security and professional licensing. Even a single arrest, regardless of the circumstances or whether it results in a conviction, can raise red flags with employers and licensing boards, potentially derailing a career.

Understanding the legal and professional consequences of a criminal charge is crucial for anyone navigating Virginia’s justice system. Whether you are facing a misdemeanor or felony, knowing how it affects your employment and professional licensing can help you take proactive steps to protect your future.

Understanding the Consequences of a Criminal Record

A person with criminal record is more than just a legal issue—it carries professional and personal consequences that can last for years. In Virginia, background checks are a common part of hiring decisions, professional licensing applications, and security clearance reviews.

The severity of the impact depends on the nature of the charge. A misdemeanor may lead to temporary setbacks, while a felony can result in permanent career barriers. Employers and professional licensing boards consider factors such as the date and type of offense, whether it was work-related, and whether it reflects on your moral character or trustworthiness.

How Criminal Charges Affect Employment Opportunities

Even before a conviction, criminal charges can disrupt your career. Many employers have strict policies and rules regarding arrests and convictions, leading to lost job opportunities and even termination from an existing position.

Background Checks and Hiring Decisions

Virginia employers frequently conduct background checks to screen potential hires. Some industries, such as healthcare, education, and finance, require mandatory criminal record checks before employment.

Convictions for offenses like fraud, theft, or violent crimes can lead to automatic disqualification for certain positions. In other cases, hiring managers may assess whether the offense committed is relevant to the job duties before making a decision.

Employer Policies on Criminal Records

Different companies have varying policies regarding employees with criminal records. Some businesses have zero-tolerance policies, leading to termination after an arrest, while others may offer second-chance employment opportunities.

It is important to understand company policies regarding probation and criminal disclosures. Some employers require employees to report any arrests or pending charges, while others only inquire about convictions.

Job Termination After Criminal Charges

Virginia is an at-will employment state, meaning employers can terminate employees for almost any reason—including criminal charges. However, wrongful termination claims can arise if an employer takes discriminatory action based on an arrest that did not lead to a conviction.

Employees facing criminal charges should seek legal guidance on how to navigate workplace policies and potential job loss.

The Impact of Criminal Charges on Professional Licenses

For individuals in licensed professions, a criminal charge can put their credentials at risk. Licensing boards in Virginia take allegations of criminal misconduct seriously, often conducting investigations and disciplinary actions.

Which Professions Are Most Affected?

Certain industries are particularly sensitive to criminal records due to the high level of trust and responsibility required in the field.

• Healthcare professionals (doctors, nurses, pharmacists) may face suspension or revocation of their license for drug-related offenses, assault charges, or fraud.
• Legal professionals (attorneys, paralegals) must uphold ethical standards, and criminal convictions can lead to disbarment or disciplinary actions.
• Financial industry workers (accountants, financial advisors) with fraud or embezzlement charges may lose their licenses or face industry bans.
• Government employees and security clearance holders may be disqualified from holding classified positions due to criminal history.
• Educators, contractors, and real estate professionals must disclose criminal records, which can affect their ability to renew or maintain their licenses.

Professional License Suspension and Revocation

Each Virginia licensing board has its own criteria for determining whether a criminal charge warrants disciplinary action. Crimes involving dishonesty, fraud, or violence are more likely to lead to professional license suspension or revocation.

In many cases, boards conduct moral character evaluations, assessing whether the offense reflects on an individual’s ability to practice ethically and responsibly.

Steps to Defend Your Professional License

If you are facing any form of professional discipline due to criminal charges, you have the right to defend yourself.

• Promptly report required disclosures to your licensing board, if applicable.
• Consult a criminal defense attorney with experience in professional license defense.
• Prepare for disciplinary hearings with evidence of rehabilitation, character references, and legal arguments supporting your case.

Mitigating the Effects of Criminal Charges on Your Career

Taking proactive steps can help minimize the impact of criminal charges on your job and professional standing.

Expungement and Record Sealing in Virginia

Virginia law allows certain criminal records to be expunged, meaning they are removed from public view and background checks. However, expungement eligibility is limited and generally applies to cases where charges were dismissed, or the convicted defendant was found not guilty.

Expunging a record can significantly improve job prospects and even access to professional licensing opportunities, as employers and licensing boards will not be able to see the sealed record in most cases.

Legal Defenses to Protect Your Job and Professional License

A strong legal defense can prevent a conviction and reduce the professional consequences of a criminal charge. Defense strategies may include:

• Challenging evidence or procedural violations in court
• Negotiating plea agreements that reduce charges to non-disqualifying offenses
• Advocating for alternative sentencing options, such as diversion programs, that prevent convictions from appearing on records

Working with an experienced criminal defense attorney can make a significant difference in protecting your career.

Proactive Steps to Rebuild Your Career

If a criminal charge has already impacted your career, there are ways to recover professionally.

• Seek employment with second-chance employers who hire individuals with past convictions.
• Obtain character references and professional endorsements to demonstrate rehabilitation and reliability.
• Engage in rehabilitation programs or additional training to show commitment to personal and professional growth.

Defend Your Future: Protect Your Job and Professional License with BernsteinHough, P.C.

Facing criminal charges is overwhelming, but you don’t have to navigate the legal and professional consequences alone. Criminal charges and job impact are closely linked, but with the right legal strategy, you can protect your career and professional standing.

At BernsteinHough, we make clients understand how Virginia criminal records affect employment and professional licensing. Our experienced criminal defense attorneys in Richmond and throughout Central Virginia fight aggressively to defend your rights, minimize charges, and protect your ability to work.

If you are concerned about professional license suspension, job loss, or background checks after an arrest, contact BernsteinHough, today. We provide dedicated legal resources and representation to help safeguard your career and future.