September is the month that a new law goes into effect concerning the use of deferred adjudication probation as a reason for denying, uspending or revoking someone's professional license. Unfortunately, the text of the new statute spills a lot of ink without really changing very much. One of the main concerns our clients have is how a deferred adjudication on their records may affect their ability to obtain, and keep, a professional license.
Many of the laws that govern whether or not someone is eligible to have a professional license in Texas permit a licensing agency to deny a professional license to someone if they receive deferred adjudication for certain types of offenses. House Bill 2808 from the last legislative session seeks, at first blush, to change all of this. The new law states that a licensing authority may not consider a successfully completed deferred adjudication for the purposes of granting or yanking a license. However, the exceptions in the new law are so broad that it's hard to see how anything changes.
The statute specifically allows state agencies to consider a deferred adjudication the same as a conviction for licensing purposes if the employment being regulated involves law enforcement, public health, education, safety services or financial services. I don't know about other defense lawyers, but the only clients I get coming to me on a regular basis worrying about how a deferred adjudication will affect their professional licenses ARE people working in law enforcement, public health, education, safety and financial services. What's left? Maybe now you can clear that last hurdle to get your cosmetology certificate. Other than that, you're still screwed. Thanks Texas Lege. Thanks for nothing.