I thought I might try to help out a friend here. A lady I know was busted a few days ago. I don't know how cut and dry the case is, nor do I know if this was her second, or third offense. Her concern was mainly over the licenses she had, and that she could no longer use them if convicted. I've heard that this is the case with moral turpitude, but was curious if she could plead guilty to an offense that would not fall under this. She's probably hired a decent enough attorney to guide her through the process, but I don't want to assume that either. Any advice on how to avoid losing the licenses would be appreciated.
...when you plead guilty to a lesser charge, the first charge will still show up. For example - if you're charged with drunk driving, they'll add a second count of reckless driving to the complaint. Then you'll plead no contest to Count 2 and Count 1 will be dismissed. But both Counts will still show up on your record.
After a certain amount of time and a clean record, a person can petition the Court to have her record expunged. It acts as a dismissal of the charges, as if it never happened. However, if she applies for a job that requires a state license such as a plumber, teacher or hairdresser, the conviction will still show up.
she really needs superior legal advise. Medical related licenses... PT, massage, nursing, related lab licenses, dental, have stong code of conduct requirements. If it's important, then she needs to do everything possble before a plea deal or conviction. Fighting / delaying the case & getting a plea to a charge that won't affect her licenses... seems like the way to go.
Physicians also fall under this but I've seen some reinstated after time off & retraining.
The best thing you could do to help is ensure she has the best legal representation but track records on this type of criminal cases are not advertized. .
moral turpitude is usually an issue when related to deportation. If you have green card etc and convicted of any sex related crime like prostitution it has been upheld in many appeals cases you are subject to deportation based on moral turpitude.
It might also be in some State criminal laws but rare, I believe.
As others have indicated for most professional licenses such as massage, medical related etc., the question will be if you have have been charged. Even if expunged or pled to reduced charges it will probably be a fight to get a license. One gal took a plea for a misdemeanor as one of the 39 indicted in the Phoenix Goddess Temple case and she had to fight hard to get a clearance card for a real estate license after it was expunged. All that had massage licenses had them revoked. There were no prostitution charges only being "affiliated" with a "criminal enterprise" even the receptionist.
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