Can a Criminal Charge or Conviction Cost You Your Professional License in Utah?
A criminal case does not always end when you walk out of the courtroom.
For thousands of Utah professionals, there is another question that can be just as important as jail, probation, fines, or whether a criminal charge ultimately gets dismissed:
What is this going to do to my professional license?
Doctors, nurses, pharmacists, contractors, accountants, psychologists, social workers, therapists, cosmetologists, security officers, and dozens of other Utah professionals are regulated by the Utah Division of Professional Licensing (“DOPL”).
If you hold—or hope to obtain—a professional license in Utah, a criminal charge can therefore create two separate legal problems:
- The criminal case; and
- The potential licensing or administrative case.
Those two systems operate under different statutes, different rules, and different standards.
That distinction matters.
A plea agreement that looks excellent from a purely criminal-defense perspective may still create licensing problems. A plea in abeyance may eventually produce a dismissal in the criminal court but still have to be disclosed to DOPL. And a criminal charge that seems unrelated to your occupation may receive very different treatment depending upon the profession you practice.
For a licensed professional, the criminal case should be defended with the professional license in mind from the beginning—not after the plea has already been entered.
What Is DOPL?
The Utah Division of Professional Licensing regulates dozens of occupations and professions in Utah.
The general statutory framework is found in the Division of Professional Licensing Act, Utah Code § 58-1-101 et seq.
But Title 58 is only the beginning.
Individual professions have their own statutory chapters, and DOPL also operates under administrative rules. That means there is rarely a one-size-fits-all answer to the question:
“Will this criminal charge cause me to lose my license?”
The answer depends upon the offense, the underlying conduct, the particular profession, the age and history of the case, the applicable licensing statutes and rules, and the individual’s present circumstances.
Does Every Criminal Conviction Disqualify You From a Utah Professional License?
No.
A criminal history does not automatically disqualify someone from most Utah professional licenses.
Utah law instead requires individualized consideration when DOPL is deciding whether to deny issuance or renewal of a license based solely upon a criminal conviction.
Under Utah Code § 58-1-401(7), DOPL must determine whether the conviction bears a “substantial relationship” to the person’s ability to safely or competently practice the particular occupation or profession.
That is an important concept.
The question is not simply:
“Does this person have a criminal conviction?”
The more important question may be:
“What does this particular criminal conviction have to do with this person’s ability to safely and competently perform this particular profession?”
The Same Crime Can Affect Different Professionals Differently
This is where DOPL licensing cases become highly fact-specific.
Consider a theft, fraud, or dishonesty offense.
A fraud conviction involving money may have an obvious relationship to a CPA’s professional responsibilities because accountants routinely handle financial information, exercise fiduciary responsibilities, and occupy positions of financial trust.
The same offense may present a substantially different licensing analysis for a tradesperson whose professional duties do not involve comparable access to client funds.
Similarly, criminal conduct involving abuse, exploitation, controlled substances, or vulnerable persons can present particularly serious licensing issues for healthcare professionals who have direct access to patients.
An armed private security officer presents another obvious example. A criminal conviction that legally prohibits firearm possession may directly conflict with an essential component of the license itself.
DOPL publishes profession-specific Criminal History Guidelines to help applicants evaluate these issues. But DOPL itself cautions that those guidelines are only a starting point. Individual circumstances, current statutes, and current administrative rules still control the ultimate licensing decision.
What Does DOPL Consider When Evaluating a Criminal Conviction?
Utah Code § 58-1-401 requires individualized consideration and identifies circumstances DOPL may consider, including:
- Your age when the offense occurred;
- How much time has passed since the offense;
- Whether you completed the criminal sentence;
- Completion of or active participation in appropriate drug or alcohol treatment;
- Recommendations and testimonials;
- Reports from probation or parole;
- Other evidence of rehabilitation;
- Education and professional training;
- Employment history; and
- Other relevant information you provide.
This is why the presentation of a licensing case matters.
The criminal docket tells DOPL what happened in court. It does not necessarily tell DOPL who the applicant is today.
DOPL Looks at Rehabilitation and Risk
DOPL’s published guidelines identify additional considerations that can include aggravating and mitigating circumstances, danger to public health or safety, the possibility that conduct will recur, the magnitude of actual or potential harm, how much time has elapsed, current probation or parole status, previous licensing actions, employment history, psychological evaluations when relevant, and whether restrictions or monitoring could adequately protect the public.
In practical terms, a DOPL criminal-history submission should not merely explain the old criminal case.
It should answer the questions the licensing authority actually cares about:
What happened?
Why did it happen?
What has changed?
Why is it unlikely to happen again?
Why can this person safely and competently practice the profession today?
Those are different questions from whether the State could prove the elements of the original criminal offense beyond a reasonable doubt.
Do I Have to Report a Plea in Abeyance to DOPL?
Yes.
This is one of the most important points for Utah criminal defendants who hold professional licenses.
A Utah plea in abeyance can be an excellent criminal disposition. If successfully completed, the criminal charge may ultimately be dismissed.
But a dismissal does not necessarily mean the matter disappears for professional-licensing purposes.
DOPL expressly instructs applicants to disclose reportable charges, pleas, and convictions even when the matter was:
- Held in abeyance;
- Diverted;
- Reduced; or
- Dismissed through a plea agreement.
DOPL specifically states that a plea in abeyance that ultimately results in dismissal still needs to be reported when it falls within DOPL’s reporting requirements.
There is an important positive side to this: successful completion and dismissal of a plea in abeyance can also constitute mitigation.
That is another reason criminal plea negotiations involving a licensed professional should consider the eventual DOPL consequences.
What About a No-Contest Plea?
A plea of no contest, also called nolo contendere, does not necessarily avoid DOPL consequences.
DOPL specifically advises that it may receive and consider no-contest pleas and pleas held in abeyance.
The label placed on a criminal disposition therefore should not be confused with the separate administrative consequences of that disposition.
Do I Have to Report a Pending Criminal Charge or Arrest?
DOPL’s current published reporting guidance generally calls for disclosure of active or pending criminal actions, including arrests.
There is an important legal distinction, however, between reporting something and DOPL ultimately being legally permitted to treat it as evidence supporting professional discipline.
Current Utah Code § 58-1-501 contains limitations concerning an arrest that is not followed by a conviction in the context of unprofessional-conduct determinations.
That distinction can become important:
A duty to disclose is not necessarily the same thing as proof of grounds for professional discipline.
Licensed professionals facing pending charges should obtain advice about both sides of the case before deciding what, when, and how to report.
Do I Have to Report a Utah DUI to DOPL?
Yes, when it falls within DOPL’s reporting requirements.
A DUI is not treated as an ordinary minor traffic ticket for DOPL reporting purposes.
DOPL expressly distinguishes DUI/DWI and similar impaired-driving offenses from minor traffic violations such as ordinary speeding or parking violations.
A DUI does not automatically mean that you will lose your professional license. The consequences depend upon the profession, criminal history, circumstances of the offense, applicable statutes and rules, and other aggravating or mitigating circumstances.
But treating a DUI as “just a traffic ticket” when dealing with DOPL can be a serious mistake.
How Far Back Does DOPL Ask About Criminal History?
DOPL’s published guidance generally tells applicants to report:
- Misdemeanors from any jurisdiction occurring within the previous 10 years;
- Felonies from any jurisdiction; and
- Active or pending criminal actions, including arrests.
There are exceptions and profession-specific requirements, so the actual application and statutes governing the particular profession should always be reviewed.
There is also an important distinction between how far back an applicant may be required to disclose information and what DOPL may ultimately rely upon in making a licensing decision.
Those are not necessarily the same thing.
Utah’s Five-Year Limitation Under the Current 2026 Statute
Utah law changed in 2026, and anyone analyzing older DOPL materials should be careful.
Effective July 1, 2026, Utah Code § 58-1-501(4) provides that, for the particular unprofessional-conduct provision addressed by that subsection, a conviction generally is not evidence of unprofessional conduct when the person’s incarceration ended more than five years before DOPL’s consideration.
But the statute contains important exceptions.
Older convictions can remain relevant when, among other circumstances, there has been qualifying additional criminal conduct or the prior conviction involved specified categories such as:
- A violent felony;
- Certain felony sexual offenses;
- Felony fraud or embezzlement;
- Certain felony theft offenses; or
- A crime or pattern of crimes meeting the statute’s public-harm standard.
This area requires careful statutory analysis. The age of a conviction alone does not necessarily answer the licensing question.
Important 2026 note: Some DOPL web materials still reference an older seven-year period. The current statutory text effective July 1, 2026 should therefore be reviewed rather than relying exclusively on an older agency FAQ.
Do I Have to Report an Expunged Utah Criminal Case to DOPL?
A legally expunged or sealed Utah criminal-history incident generally does not have to be disclosed under DOPL’s published criminal-history guidance.
That is very different from a case that was merely dismissed.
It is also different from simply being told that an offense is “eligible” for expungement.
DOPL warns applicants not to assume that a record has actually been expunged merely because someone said it would be, because a case qualified for Utah’s Clean Slate process, or because the underlying criminal charge was dismissed.
The status should be verified.
This distinction is critical:
Dismissal is not necessarily expungement.
And:
Eligibility for expungement is not necessarily completed expungement.
Utah’s expungement statutes should therefore be reviewed as part of the licensing analysis when an old criminal case continues to create professional consequences.
What About an Out-of-State “Set Aside”?
Be careful.
Different states use terms such as “expungement,” “set aside,” “vacatur,” and “dismissal” differently.
A California disposition called an expungement, for example, does not necessarily have the same legal effect as an expungement entered under Utah law.
The actual order and law of the jurisdiction need to be examined to determine whether the matter must be disclosed to DOPL.
Do not assume that the title placed on an out-of-state order controls the Utah licensing consequences.
Can I Ask DOPL About My Criminal Record Before Going to School or Spending Money on Training?
Yes.
Utah has a valuable procedure that many prospective licensees do not know about.
Under Utah Code § 58-1-310, an individual with a criminal record may apply to DOPL for a criminal-history determination regarding whether that record would disqualify the person from a particular professional license.
You do not have to finish school first.
You do not even have to have completed all of the educational, examination, or experience requirements for the license.
That can be extremely important for someone considering spending tens of thousands of dollars—and years of his or her life—qualifying for a profession only to discover later that an old criminal record presents a licensing barrier.
DOPL currently charges a $50 application fee for its criminal-history determination process.
What Should Be Submitted With a DOPL Criminal-History Determination?
DOPL asks for substantial supporting documentation.
Depending upon the case, that can include:
- Police reports;
- Court records and a complete docket;
- Sentencing documents;
- Proof concerning fines and restitution;
- Probation or parole records;
- Proof of successful completion of court-monitored probation; and
- A personal narrative explaining the incident and subsequent rehabilitation.
DOPL also permits applicants to submit additional favorable information.
That evidence can be extremely important.
Building the Mitigation Package
A strong DOPL submission should be built around the statutory licensing criteria rather than simply dumping documents on the agency.
Depending upon the circumstances, useful mitigation may include:
- Proof that every sentencing requirement was completed;
- Treatment records;
- Sustained sobriety or recovery evidence when relevant;
- Successful probation or parole completion;
- Letters from employers;
- Professional recommendations;
- Educational accomplishments;
- Professional training and certifications;
- Evidence of stable employment;
- Evidence of positions of responsibility and trust;
- Evidence demonstrating the absence of subsequent criminal conduct; and
- A carefully prepared personal narrative explaining rehabilitation.
The objective is not to pretend the criminal case never occurred.
The objective is to put the criminal case in its proper context and demonstrate why it does not presently establish an unacceptable risk to the public or an inability to safely and competently practice the profession.
How Long Does DOPL Have to Issue a Criminal-History Determination?
There is another significant 2026 statutory change.
The current version of Utah Code § 58-1-310, effective July 1, 2026, provides DOPL up to 90 days after receiving a completed application to provide its written determination.
Some existing DOPL web materials still state that the determination will be issued within 30 days.
Because statutes change, applicants should rely upon the current Utah Code and confirm current DOPL procedures when submitting an application.
Does a Favorable Criminal-History Determination Guarantee a License?
No.
A favorable determination is extremely useful, but it is not an unconditional lifetime guarantee.
DOPL explains that a determination is based upon the statutes, administrative rules, and information available when the determination is made.
Later changes can matter.
For example:
- The law can change;
- The applicant can acquire additional criminal history;
- DOPL can discover material criminal history that was omitted from the original application; or
- Circumstances relevant to licensure can otherwise change.
Complete and accurate disclosure is therefore critical.
What If DOPL Gives Me an Unfavorable Determination?
An unfavorable criminal-history determination does not necessarily permanently prohibit you from obtaining the license.
DOPL expressly recognizes that circumstances can change.
Time can pass without additional criminal conduct. A sentence can be completed. Treatment can be completed. A criminal record may later be expunged. Education can be completed. Employment history can improve. Additional evidence of rehabilitation may become available.
DOPL also states that a person receiving an unfavorable determination may still apply for the professional license.
The important question is whether the circumstances supporting the unfavorable determination can be changed, mitigated, challenged, or otherwise addressed.
Why Criminal Defense Strategy Matters Before You Enter a Plea
This is where criminal defense and professional licensing intersect.
For an ordinary criminal defendant, counsel may evaluate a plea primarily in terms of:
- Conviction versus dismissal;
- Felony versus misdemeanor;
- Jail exposure;
- Probation;
- Fines;
- Enhancement consequences;
- Firearm restrictions;
- Immigration consequences; and
- Expungement eligibility.
For a licensed professional, that analysis needs another column:
What will DOPL do with this disposition?
The exact offense of conviction can matter.
The elements of that offense can matter.
Whether the offense is a felony or misdemeanor can matter.
Whether the offense involves dishonesty, violence, sexual conduct, controlled substances, vulnerable persons, financial misconduct, or firearms can matter.
And the relationship between the offense and the person’s actual profession can matter enormously.
A criminal-defense lawyer representing a licensed professional should therefore identify the professional-license issue before the criminal case is resolved whenever possible.
A Plea in Abeyance Is Not a Magic Eraser
This deserves emphasis.
Criminal defendants understandably focus on obtaining a dismissal.
But DOPL’s authority is not necessarily eliminated merely because the criminal court ultimately dismisses a case following a plea in abeyance.
The licensing analysis and criminal-court analysis are different.
That does not mean a plea in abeyance is worthless. Far from it. Successful completion and dismissal can be powerful mitigation.
It means only that the lawyer and client should understand what the disposition actually accomplishes—and what it does not accomplish—before the plea is entered.
Do Not Hide the Ball From DOPL
One of the worst ways to handle a professional-licensing problem is to turn one bad event into two problems:
- The original criminal conduct; and
- An allegation that the professional later concealed or misrepresented it.
DOPL specifically warns that a favorable criminal-history determination can be undermined if later investigation discovers criminal history that was not disclosed.
The better approach is to determine precisely what must be disclosed, what legally does not have to be disclosed, and then present the reportable history accurately and with the appropriate mitigation.
Disclosure decisions should be based upon the governing law and application—not guesswork.
What Statutes Govern Utah DOPL Criminal-History Decisions?
The starting point is the Division of Professional Licensing Act, Utah Code § 58-1-101 et seq.
Several provisions are particularly important:
Utah Code § 58-1-310 — Application for a DOPL determination regarding criminal history.
Utah Code § 58-1-401 — Grounds for denial of a license, disciplinary proceedings, time limitations, and sanctions.
Utah Code § 58-1-501 — Unlawful and unprofessional conduct, including important limitations concerning criminal-history evidence.
But that is not the end of the analysis.
Every licensed profession may have its own statutory chapter within Title 58, together with profession-specific administrative rules. DOPL also publishes Criminal History Guidelines for individual occupations and professions.
A competent analysis therefore requires examining:
The general DOPL statute + the profession-specific statute + the applicable administrative rules + the criminal offense itself + the facts of the individual case.
Criminal Charges Can Affect a Career Long After the Criminal Case Ends
For a licensed professional, a criminal case can threaten much more than liberty.
It can threaten a career that took years or decades to build.
That is why a doctor, nurse, contractor, accountant, therapist, pharmacist, psychologist, social worker, security officer, or other licensed professional should tell the criminal-defense lawyer about the professional license immediately.
Do not wait until sentencing.
Do not wait until the criminal case has been dismissed.
And do not wait until a DOPL letter arrives months later.
The professional-license consequences should be part of the criminal-defense strategy from the beginning.
Utah Criminal Defense for Licensed Professionals
At Provo Criminal Defense, we represent people facing Utah criminal charges where the consequences can extend beyond the courtroom.
When a client holds a Utah professional license, the criminal case should be analyzed not merely for the immediate criminal penalties, but for the potential collateral consequences involving DOPL, employment, professional discipline, firearm rights, and the client’s ability to continue earning a living.
The right criminal disposition is not necessarily the disposition with the best-sounding label.
It is the disposition that makes sense after considering all of the consequences that matter to the client.
If you are facing a criminal charge in Utah and hold—or intend to obtain—a professional license regulated by DOPL, address the licensing issue before resolving the criminal case.