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Will I Lose My Job Over a Criminal Charge?
A criminal charge is not the same as a conviction, and for most Arizona professional licenses — nursing, teaching, real estate, contracting, and most other regulated fields — it is the conviction (or in some cases a formal disciplinary complaint) that actually puts your license at risk, not the arrest itself. Losing your job is a separate, faster-moving track: Arizona is an at-will employment state, so a private employer can suspend or fire you over an arrest alone, long before any court decides anything. Many licensing boards also require you to self-report an arrest or charge within a set window, and missing that deadline can hurt you more than the underlying case. A set-aside under A.R.S. 13-905 does not erase the record, but it can help once the case is over.
For most people we represent, the arrest itself is not the scariest part. The scariest part is the phone call to HR, the licensing-board self-report form sitting unopened in their inbox, or the thought of a background check flagging their name for the next job application. If you hold a nursing license, a teaching certificate, a real estate or contractor’s license, a CDL, or any state-regulated credential, a criminal charge touches your career on a completely different timeline than your criminal case moves on — and the two tracks require different strategies from day one.
This article walks through how licensing boards, employers, and background checks actually treat a criminal charge in Arizona, what reporting duties typically apply, and how a case resolution — including a set-aside under A.R.S. 13-905 — affects your professional standing. For the underlying criminal case, see our Scottsdale criminal defense lawyer page. If your case has already ended, see our Scottsdale record-clearing lawyer page. Just been arrested? Read our guide to what happens after a Scottsdale arrest.
Possibly, and it can happen faster than your criminal case does. Arizona is an at-will employment state, which means a private employer generally does not need a conviction, a finding of guilt, or even much explanation to suspend or terminate you — an arrest or a charge alone is often enough grounds under most employer handbooks. This is separate from, and usually faster than, anything a licensing board or a court will decide.
A few things matter here:
- Public-sector and licensed positions are different. Government employers, school districts, healthcare employers, and financial institutions often have their own mandatory reporting or suspension policies tied to an arrest, independent of what a licensing board eventually does.
- A charge is not proof. Employers can act on an arrest, but that does not mean the underlying conduct actually happened. A dismissal, an acquittal, or a favorable plea can matter for reinstatement, references, and future applications — even if it does not undo an initial suspension.
- What you say at work matters. Just as with police, anything you tell HR, a supervisor, or a compliance officer about the facts of your case can end up in an employment file that outlives the criminal case itself.
- Timing is not guaranteed. Some employers wait for the case to resolve before acting; others act immediately on the arrest. There is no single rule — it depends on your employer’s policies and your industry.
Charge vs. Conviction: Why the Difference Matters for Your License
A charge is an accusation filed by a prosecutor — the Scottsdale City Prosecutor for a misdemeanor or the Maricopa County Attorney’s Office for a felony. It means the state believes it can prove the case, not that it has. A conviction is a legal finding of guilt, whether by plea or after trial, and it is what most licensing statutes and board rules actually key off of when deciding whether discipline is mandatory versus discretionary.
That distinction matters for three separate reasons:
- Most license discipline is conviction-triggered. Many Arizona licensing statutes authorize or require board action “upon conviction” of certain offenses, rather than upon arrest or charge alone — though board rules vary by profession, and some boards can also act on unprofessional conduct findings independent of a criminal case.
- A pending charge can still trigger a reporting duty or an interim review. Even without a conviction, many boards require you to disclose an arrest or charge, and some can place a license under review or impose interim conditions while a case is pending.
- The specific outcome matters more than the initial charge. A dismissal, a not-guilty verdict, a reduction to a lesser offense, or a diversion program that avoids a conviction altogether can each produce a very different result for your license than the original charge suggested.
This is exactly why fighting the underlying criminal case well — toward a dismissal, an acquittal, or a resolution that avoids a conviction — is often the single most effective thing a defense attorney can do to protect your license, even before any board proceeding begins.
Do I Have to Report an Arrest to My Licensing Board?
Often, yes — but the specific rule depends entirely on your profession and your board, so this is not something to guess about. Many Arizona regulated professions carry a self-report duty that applies to an arrest or charge, not just a conviction, and that duty typically runs on a short clock — commonly measured in days, not weeks, from the date of the arrest or charge. Missing a self-report deadline can itself become a separate disciplinary problem, layered on top of whatever the underlying criminal case produces.
Because exact reporting windows and thresholds vary by board and can change, we do not list specific rule numbers here — verify your board’s current self-report requirement directly with the board or with counsel before you file anything. What is consistent across most Arizona regulated professions is this: read your board’s reporting rule carefully, report on time if a duty applies, and get legal guidance on exactly what to say before you say it.
Will a Criminal Charge Affect My Nursing License?
It can, and the Arizona State Board of Nursing (AZBN) is one of the more active boards when it comes to criminal matters, particularly charges involving drugs, alcohol, violence, theft, or patient-related conduct. Nurses typically face two separate exposures: a self-report duty tied to an arrest or charge, and a fingerprint clearance card requirement that can flag qualifying offenses independently of anything you report yourself.
A charge alone does not automatically end a nursing career. Boards generally look at the nature of the offense, whether it relates to patient safety or trustworthiness, how the case resolved, and any pattern of prior conduct. A DUI, a first-time low-level charge that resolves favorably, or an isolated incident unrelated to practice is treated very differently from a felony involving patients, controlled substances taken from work, or violence. The earlier a nurse gets defense counsel involved — ideally before any board interview or self-report is filed — the more control they generally have over how the case and the board process both play out.
Teachers, Real Estate Agents, and Contractors
Outside of healthcare, three of the most common licenses we see threatened by a criminal charge are teaching certificates, real estate licenses, and contractor licenses.
Teachers and the Arizona Department of Education
Educators hold a position of trust with minors, so charges involving children, violence, drugs, or dishonesty draw particular scrutiny from the Department of Education’s certification unit. Many school districts also have their own fingerprint-clearance-card and self-report obligations that operate independently of, and sometimes faster than, any state certification review.
Real estate licensees
The Arizona Department of Real Estate reviews criminal matters as part of both initial licensing and ongoing license maintenance, with particular attention to offenses involving fraud, theft, forgery, or moral character generally. A charge involving a real estate transaction, a client, or client funds tends to draw the closest scrutiny.
Licensed contractors
The Arizona Registrar of Contractors can review criminal conduct connected to licensed work — theft from a job site, fraud on a bid or contract, or violence toward a client or crew — more closely than conduct wholly unrelated to the trade, though board discretion varies by the facts of each case.
Healthcare, Finance, and Other Regulated Professions
The pattern repeats across nearly every Arizona regulated profession, even though the specific board and rules differ: physicians, physician assistants, dental professionals, pharmacists, and behavioral-health providers answer to their respective health-profession boards; securities professionals, insurance producers, and other financial-services roles answer to state and sometimes federal regulators with their own disclosure obligations; attorneys answer to the State Bar. Each of these fields tends to share three features worth knowing:
- A self-report duty tied to arrests or charges, not just convictions, on a defined timeline;
- Closer scrutiny for offenses involving dishonesty, violence, controlled substances, or the population the profession serves; and
- The ability of the board to act on a pending charge — through an interim review, added supervision, or a hold on renewal — even before the criminal case is resolved.
If you are unsure whether your specific board requires disclosure of an arrest versus only a conviction, or what your exact reporting deadline is, confirm it directly with your board or with counsel rather than assuming. Rules differ enough between professions that guessing is one of the more common and avoidable mistakes we see.
Can I Lose My CDL Over a DUI?
Yes. A commercial driver license is a federally regulated privilege layered on top of your regular driving privileges, and Arizona law provides for mandatory disqualification of a CDL for certain offenses under A.R.S. 28-3312, including DUI-related convictions. In practice, a first disqualifying offense — including a DUI conviction, even one that happened while driving your own personal vehicle rather than a commercial truck — commonly results in a minimum one-year CDL disqualification, and a second such offense commonly results in a lifetime disqualification. Refusing a chemical test can trigger the same mandatory disqualification as a conviction.
Because CDL disqualification is tied to conviction, not merely arrest, the outcome of the underlying DUI case — a dismissal, a reduction to a non-alcohol offense, or an acquittal — can be the difference between keeping a commercial driving career and losing it. This is one of the clearest examples of why the criminal case and the license are really the same fight.
Collateral Consequences at a Glance
General patterns only — confirm your specific board’s rules and deadlines directly
Does a Set-Aside Help With Background Checks?
It can help, but it is not a magic eraser, and understanding exactly what it does and does not do matters. Under A.R.S. 13-905, a person who has completed their sentence, including probation, may apply to the court to have the judgment of conviction set aside. If granted, the court dismisses the underlying charge and releases you from many of the penalties and disabilities that come with the conviction — and for certain offenses, the court may also issue a certificate of second chance, which is aimed specifically at removing occupational-licensing barriers and providing employment and housing protections.
What a set-aside does not do is erase or seal the record. The arrest and conviction remain on your criminal history; a background check will still generally show that the conviction occurred and that it was later set aside. What changes is the legal effect: many employers and licensing boards view a set-aside conviction, and especially a certificate of second chance, as meaningful evidence that you completed your sentence and demonstrated rehabilitation — which can matter significantly in a discretionary licensing or hiring decision, even though it is not a guarantee of any particular outcome. Not every offense qualifies for a set-aside; certain dangerous offenses, sex-offense-registration offenses, and offenses against young children are generally excluded.
For a broader look at set-asides, diversion, and other ways to address a record after a case ends, see our Scottsdale record-clearing lawyer page.
What to Do — and What Not to Do — Right Now
If you have been charged and you hold a professional license, a regulated job, or a CDL, the next several decisions matter as much for your career as they do for your criminal case.
- Do call a defense attorney immediately, before you talk to your employer, your board, or the police about the facts of your case.
- Do pull your specific board’s self-report rule and note the exact deadline — do not assume it matches what you have heard about other professions.
- Do keep a private, factual timeline of events for your attorney — not for HR, not for your board.
- Do ask your attorney to help you word any required disclosure precisely and factually.
- Don’t volunteer information to your employer or board beyond what is actually required.
- Don’t assume “it’s just a misdemeanor” means your board will not care — some boards treat certain misdemeanors, especially drug, alcohol, or dishonesty offenses, quite seriously.
- Don’t miss a self-report deadline while waiting to see how the criminal case turns out — the two obligations run on separate clocks.
- Don’t resign or sign anything from HR or your board without understanding how it affects your ability to be reinstated or relicensed later.
Where Your Case Is Heard
Jurisdiction depends on the offense. A misdemeanor charge arising within Scottsdale city limits is filed in the Scottsdale City Court and prosecuted by the Scottsdale City Prosecutor’s Office. A felony charge is filed in Maricopa County Superior Court and prosecuted by the Maricopa County Attorney’s Office. Some situations — for example, a DUI that starts as a misdemeanor but carries separate CDL disqualification consequences, or a case that touches both a municipal charge and a related felony investigation — can involve both systems at once, which is exactly why confirming your case’s actual posture with counsel matters more than assuming. For what happens between an arrest and your first hearing, see our guide to what happens after a Scottsdale arrest.
The Experts We Bring to License-and-Career Cases
When a charge threatens your license or your job, the criminal case and the collateral consequences have to be managed together. We work with specialists who cover both sides of that fight.
Licensing-Board Defense Liaisons
Speaking The Board’s Language
Help you understand your specific board’s self-report rules, deadlines, and disciplinary process, and coordinate the timing of any required disclosure with the criminal case.
Mitigation Specialists
Building The Record That Protects Your Career
Assemble the character, treatment, and compliance record that supports diversion, a favorable plea, or a future set-aside — the exact outcomes that keep a license intact.
Background-Check & Record Advisors
What Actually Shows Up
Explain exactly what a background check, a fingerprint clearance card review, or a board database will show at each stage of your case, and what a set-aside changes and does not change.
Employment-Consequence Counsel
Protecting Your Job While The Case Is Open
Advise on how at-will employment rules, HR investigations, and workplace disclosure obligations intersect with your pending criminal case, and coordinate with your employer where appropriate.
Private Investigators
Building The Facts Before The Board Does
Gather witness statements, surveillance, and documentation early — before memories fade and before a board or employer forms its own version of events.
Trial-Ready Defense Counsel
Fighting The Case That Decides Everything Else
Because most license discipline follows a conviction, a defense team ready to fight for a dismissal, an acquittal, or a non-conviction resolution is the single most effective way to protect your career.
How Tamou Law Group Defends Your Case — and Your Career
When a client tells us they are worried about their license or their job, we treat that as part of the case strategy from day one, not an afterthought once the criminal matter is resolved. We identify what your specific board actually requires you to report and by when, help you word any required disclosure precisely, and build the criminal defense around the outcome that protects your license most — whether that is a dismissal, an acquittal, a reduction to a non-reportable offense, or a diversion program that avoids a conviction altogether. Once a case has ended, we also help clients pursue a set-aside under A.R.S. 13-905 where eligible, since that record can matter to a board or employer even years later.
Our team includes former prosecutors, law enforcement officers, and public defenders who understand both how the Scottsdale City Prosecutor and the Maricopa County Attorney’s Office evaluate these cases, and how licensing boards actually use a criminal file once they have one. We work out of offices at 9375 E Shea Blvd, Suite 100 in Scottsdale and 2390 E Camelback Rd, Suite 130 in Phoenix, and can meet with you at either location on short notice. Call 623-321-4699 for a confidential consultation, or learn more on our Scottsdale criminal defense lawyer page and Scottsdale record-clearing lawyer page.
Awards & Recognition
Our recognition for Phoenix DUI defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix DUI lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors, public defenders, and law enforcement.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Frequently Asked Questions
Will I lose my job over a criminal charge?
You might, even before the case is resolved. Arizona is an at-will employment state, so a private employer can generally suspend or terminate you based on an arrest or charge alone, without waiting for a conviction. Public-sector, licensed, and regulated positions often have their own mandatory reporting or suspension policies that can move even faster.
Will a criminal charge affect my nursing license?
It can. The Arizona State Board of Nursing generally reviews arrests or charges involving drugs, alcohol, violence, theft, or patient-related conduct, and nurses typically have a self-report duty and a fingerprint clearance card requirement. A charge alone does not automatically end a nursing career; how the case resolves, and its relevance to patient safety, weighs heavily in the outcome.
Do I have to report an arrest to my licensing board?
For many Arizona regulated professions, yes — a self-report duty often applies to an arrest or charge, not just a conviction, on a defined deadline. Because the exact rule and timeline vary by board and can change, confirm your specific board’s current reporting requirement directly rather than assuming it matches another profession.
What is the difference between a charge and a conviction for a professional license?
A charge is an accusation filed by a prosecutor; a conviction is a legal finding of guilt by plea or trial. Most Arizona licensing discipline is authorized or required upon conviction, not merely upon arrest or charge, though many boards still require disclosure of a pending charge and can take interim action while a case is open.
Can I lose my CDL over a DUI?
Yes. Under A.R.S. 28-3312, Arizona provides for mandatory disqualification of a commercial driver license for certain offenses, including DUI-related convictions — commonly a minimum one-year disqualification for a first offense, even if you were driving your personal vehicle, and a longer or lifetime disqualification for a second offense.
Does a set-aside help with background checks?
It can help, but it does not erase your record. Under A.R.S. 13-905, a set-aside dismisses the underlying charge and releases you from many penalties tied to the conviction once your sentence is complete, and can support a certificate of second chance for occupational licensing. A background check will still generally show the conviction and that it was later set aside.
Can I be fired just for being arrested, even if I am never convicted?
Generally, yes, in Arizona’s at-will employment system. An employer does not need a conviction to suspend or terminate you over an arrest. A later dismissal, acquittal, or favorable resolution does not automatically reverse that decision, though it can matter for reinstatement, references, or future applications.
What should I do first to protect my license after being charged?
Call a defense attorney before you speak with your employer, your board, or police about the facts of your case. Confirm your specific board’s self-report deadline, keep a private factual record for your attorney, and get help wording any required disclosure precisely before you submit it.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
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