Medical professionals must have extremely trusting relationships with their patients. As far as the state is concerned, few things violate that trust more than a forcible felony conviction. As a result, just one bad decision can put your livelihood at risk.
In a few cases, there is little that anyone can do to prevent the state from denying a healthcare license in these situations. But typically, an attorney can make a huge difference.
Preliminary Considerations in Chicago Forcible Felony Cases
The Illinois Department of Financial and Professional Regulation will only take action if you have a conviction. If you received deferred adjudication, even if you pleaded guilty, the state usually does not ask questions.
You are eligible to request a medical license if at least five years have passed since the conviction date or at least three years have passed since your release date. The law classifies over 30 offenses as forcible felonies, including:
- Murder,
- Manslaughter of an unborn child,
- Trafficking in persons,
- Aggravated unlawful restraint,
- Home invasion,
- Terroristic threat, and
- Attempt to commit a forcible felony.
Just like Illinois law broadly defines forcible felony, it also broadly defines “medical license.” In addition to doctors and nurses, dental assistants, physical therapists, social workers, surgical techs, and anyone else tangentially related to the medical profession falls under IDFPR jurisdiction.
The Review Process in Chicago
If you were convicted of assaulting a patient, sex trafficking of a minor, or a forcible felony requiring Sex Offender Registration Act registration, your license application will automatically be denied. About the only workaround is to engineer a plea to a lesser offense. For the vast majority of forcible felonies, the following review process applies:
- Seriousness of the Offense: Some forcible felonies may only involve threats as opposed to weapons. While serious, such offenses are not as serious as some other forcible felonies in Illinois.
- Background: The review board will take into account the presence or absence of a criminal history. The same thing applies to any disciplinary history with regard to any other professional licenses you hold.
- Victim’s Status: As mentioned, the Review Board assumes that some individuals are completely incapable of fending for themselves. A felony against such an individual may be one of the blackest marks you can have on your record.
- Subsequent Acts: Do you truly understand the seriousness of your actions? Are you sorry you committed the offense and not just sorry you got caught? Did you turn yourself in and cooperate fully with investigators? Have you made restitution?
- Date of Conviction: The more time has passed, the more opportunity you have had to rehabilitate yourself. That opportunity, along with evidence of progress, is often enough to sway the Review Board.
Essentially, applicants have the burden of proof to show that they are fully rehabilitated and they will most likely not embarrass the Review Board. It is important to have an attorney. That move shows that you are serious about getting a license.
Connect with Experienced Attorneys
A serious criminal conviction need not derail your dreams of becoming a medical professional. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Nino Liverani)