Facing a drug charge in Colorado can have serious implications that go beyond the legal consequences. And if you are a professional, you might worry about the conviction and the possibility of losing your license and your career. This aspect can be complex, but the law offers specific protections that can save your career if you act promptly.
The “direct relationship” standard
Many assume a drug conviction automatically ends a career. However, according to Colorado law a criminal conviction alone cannot be the only basis for a professional licensing board like the Department of Regulatory Agencies (DORA) to deny or revoke your credentials.
The board must evaluate if your offense is directly linked to the duties of your profession. For instance, a drug charge is heavily scrutinized for nurses or pharmacists due to their access to controlled substances, but may not be as critical for professionals in fields like engineering or architecture.
DORA and the disciplinary boards
If you are licensed through DORA, there is usually a mandatory requirement to report convictions. Not reporting within 30 days often results in a separate violation, which can be more challenging to defend than the original charge.
Updates in the Colorado Revised Statutes now demand that regulators meet a higher proof standard before denying a license due to a record. Often, they can only consider convictions from the past three years. This “look-back” period is crucial for professionals who have demonstrated rehabilitation.
Aim for mitigation and sealing
There are some legal strategies that an attorney can take in order to keep a conviction off your standard background check.
- Deferred judgments: A lawyer can seek agreements that dismiss charges upon completing certain conditions, preventing a conviction from appearing on your record.
- Record sealing: Under Colorado laws, many drug offenses can be sealed, letting you legally state that the arrest never occurred.
A drug charge is a serious situation, but it does not have to bring your professional life to an end. An attorney with an assertive defense strategy can help you protect your professional future.