As a physician, do you have to disclose your criminal record to the Illinois Department of Financial and Professional Regulation (IDFPR)? Can a criminal record keep you from becoming or remaining a licensed physician in Illinois?
The short answer: A criminal record rarely ends a medical career, but it always matters. How you handle it can make the difference between a clean application and a denial.
The IDFPR will find out about your criminal record, whether you’re taking a number of actions:
- Applying for licensure by endorsement or examination
- Renewing an existing license
- Facing a recent conviction and unsure what comes next
The Medical Practice Act governs your medical license generally. The rules about what criminal history the IDFPR can consider come from a different law, the Department’s Civil Administrative Code.
[Related: How a Criminal Arrest Can Affect Your Illinois Professional License]
Will a Criminal Record Stop You From Becoming a Doctor in Illinois?
In most cases, no. A criminal record alone doesn’t disqualify you from applying for a medical license. The IDFPR evaluates applications individually based on a number of factors:
- What you were charged with
- What you were ultimately convicted of
- What sentence the court imposed
A major exception exists. A forcible felony conviction permanently bars an applicant from obtaining a healthcare worker license under Illinois law.
A 2016 amendment, effective Jan. 2017, softened that rule slightly. Now, you can petition the IDFPR for review after more than 5 years have passed since the conviction or more than 3 years since release from confinement, whichever is later.
[Related: Illinois Physician Self-Reporting Requirements After an Arrest]
What the IDFPR Cannot Hold Against You as a Doctor
Illinois law limits what the IDFPR can require you to disclose or consider when reviewing your application, under 20 ILCS 2105/2105-135(c). The department cannot require you to report and cannot consider the following:
- Juvenile adjudications
- Arrests that never led to a charge or conviction
- Arrests where charges were dismissed
- Convictions later overturned by a higher court
- Convictions and arrests that have been sealed or expunged
An arrest without a conviction cannot serve as the basis for denial. At most, the Department can use it to evaluate your overall rehabilitation.
[Related: Facing Charges of Unlicensed Practice in Illinois]
Court Supervision and Your Criminal Record
Illinois recognizes court supervision as a distinct sentencing outcome under the Unified Code of Corrections. If you successfully complete a term of court supervision, for example on a driving under the influence (DUI) charge, the court must discharge you and dismiss the case.
[Related: Illinois Medical Doctors Can Lose Their License For Drinking on the Job]
Responding to the IDFPR About Your Criminal Record
Even when the IDFPR is not supposed to use certain records against you, it will often still ask you to explain your history. Discussing your record with a Department investigator without legal guidance is rarely a good idea.
This is particularly true if you receive a Notice of Intent to Deny because strict deadlines apply.
[Related: Why You Need an Illinois Professional License Defense Attorney if You Are Under Investigation]
Contact Williams & Nickl, and Protect Your Illinois Medical License
The IDFPR and the Illinois State Medical Board (sometimes still called the Medical Disciplinary Board) should respect your rights. That doesn’t mean they will.
At Williams & Nickl, we know how the IDFPR and Medical Board tick. If your medical license is at risk due to your criminal record, get in touch with us sooner rather than later. We’re here to fight for those rights and help you move on.
Call 312-335-9470 or contact us online to schedule a free, confidential 1-hour consultation.
Browse our testimonials and case results to see how we’ve helped physicians like you defend their licenses before the IDFPR.