Do I have to disclose my criminal record to IDFPR? Can my criminal record impact my medical license?
The Illinois Department of Financial and Professional Regulation can and will find out about your criminal record, whether you are about to submit an application for physician licensure by endorsement or examination, or about to renew your existing medical license, or recently convicted and unsure of your next steps.
Will IDFPR and the Illinois Medical Licensing Board or the Illinois Medical Disciplinary Board revoke your license? Will you have any lesser impact of discipline on your license? The answers depend on what you were or are charged with, what the eventual charge to which you pleaded guilty was (or found guilty by a judge or jury), and what kind of sentence was imposed by the criminal court.
In almost all typical cases, you will still be able to apply for licensure. Some charges that result in conviction make you ineligible to apply, namely forcible felony convictions.
While the Medical Practice Act and the associated rules found in the Administrative Code may seem clear to you, there are many other statutes involved in the question of ‘what does my criminal record mean.’ For instance, there is the Illinois Unified Code of Corrections, which defines Court Supervision as a sentence that eventually ends with dismissal. Did you know that if you successfully complete your court supervision, say on a Driving Under the Influence (DUI) charge, that the court must dismiss the case against you?
Another example of the complex interplay between statutes that apply to your criminal record is the recent amendment to the IDFPR’s own enabling act, that bars the Department from considering certain arrests, certain court sentences, and more? It is a very powerful statute that can be used in many ways.
Finally, although IDFPR is not supposed to use juvenile arrests and adjudications, or dismissed cases (or even cases in which you are found Not Guilty!) against you, they will ask you to explain yourself, and you must be very careful in how you respond. Discussing the matter with a Department Investigator is never a good idea – let your attorney who knows IDFPR law handle it. The same advice applies even more if you receive a letter titled “Notice of Intent to Deny” after you apply for medical licensure. Deadlines apply to this type of notice, so act quickly.
Williams & Nickl is here to help you get through that process and back on the right track. Our firm focuses on professional license defense to ensure the Medical Board is acting with their rights, and you have a chance to move on from your past.