I have been trying to figure out if I will be able to get licensed in North Carolina since I have a felony drug possession charge. Six years ago I was living a different life which lead to this legal consequence. If I continue working towards my degree as planned I should have over 10 years since the convention. I cant seem to get a straight answer through my research. If any one knows NC licensing or can point me in the right direction that would be greatly appreciated. Thank you!
x-jla
Aug 13, 16 2:52 pm
In Michigan I belive if you have 2 marijuana charges you can't get an interior design license. Licensure is a retarded beurocratic money and power grab by lobbyists, schools, etc. it really depends on the state and the decision of the board. I wouldn't however take no for an answer. Look to see if any others have gotten licensed with a similar conviction. If they have, then an attorney can file suit for not treating you equally as they must. Other than that, try to get the charges reduced/dismissed through the courts first. Even if you do though, the state may ask for you to disclose all "arrests" even if a charge / conviction never happened. My state asks for this. Basically, an attorney is more qualified to answer than anyone here, but from what I know from my attorney family members, denial of license requires due process and must not violate constitutional liberties, state legislation, and/or commerce clause. In your case you may have to fight for your right to architect...
Aug 13, 16 5:04 pm
I second jla-x.
In his case, I recommend FULL and COMPLETE forthright and candid disclosure.
JeromeS
Aug 13, 16 5:12 pm
^^so sayeth our resident, shade-tree, constitutional law librarian and theodolite operator.
awaiting_deletion
Aug 13, 16 5:27 pm
RyanT you will not get a straight answer until the time comes. Depending on state they may have a division (one or two persons) who does the "criminal" background review. Have an attorney ready and have some community service in the back pocket if needed, but in short it's at someone's discretion with most states. I've filled out at least 3 different states and they all ask the question differently, it's amusing, but in your case less so, but some states ask for a certain type of Felony, some look for misdemeanors, fraud, etc...
Aug 13, 16 5:38 pm
JeromeS,
*** ROLL-EYES ***
Like jla-x and Olaf said which I seconded jla-x and Olaf essentially third what he said with some additional info which is in line with what I said. Therefore, I'm with what these two said.
awaiting_deletion
Aug 13, 16 5:43 pm
RyanT also your crime has practically nothing to do with crimes that happen in our "professional" realm. If you had a felony for general fraud, larceny, insurance fraud (common), kickback, collusion, etc... that's what they are really looking for
drug possession. in short, no, architects do drugs. one boss told me one day - "hey you hear about that architect that was stabbed to death in Newark, NJ for a bad drug deal?" I had not, but makes sense, he probably was on coke, clients weren't paying, stabbed and thrown out of dealers car (true story, circa 2002, some NY newspaper) that same boss was on probation (license) for 2 years for 2nd degree larceny, but it was rich people being dicks, so I had his side....
just prove community confidence with health and safety.
good luck.
Gloominati
Aug 13, 16 10:43 pm
NC's disciplinary decisions routinely report voided licenses of already-licensed architects who are convicted of felonies - for things ranging from embezzling from a community volunteer situation to domestic violence. These decisions also usually note that their board reported these things to NCARB and to other states' boards. This doesn't absolutely prevent NC from licensing someone who committed a felony in the somewhat-more-distant past and can show that they're not likely to reoffend - but it does show that NC focuses on these issues more closely and takes a harder stance than some other states typically do.
x-jla
Aug 13, 16 11:06 pm
Talk to a lawyer. Like I said, you can try to get the charges expunged, or you can Challenge them legally, or you can move to a state with more leniency...
A drug charge will likely not be looked at the same as something like fraud...but not sure
Read the part of that article about NM...other states may have similar laws in place that allow licensure for past felons ...
awaiting_deletion
Aug 13, 16 11:08 pm
call me and I will kick someone in the balls.
SpontaneousCombustion
Aug 14, 16 11:45 am
I'm not in NC, but in my state there's a question on the application and on every year's renewal about charges related to drugs or alcohol, and another question asking if you have a current substance problem that would affect your ability to uphold health, safety and welfare. If you check 'yes' to the second question then you won't get a license. If you check 'yes' to the first question but 'no' to the second then you have to submit info about your criminal record and a form signed by a doctor, and then it's at the board's discretion to determine if you're a risk to the public or not.
william wynne
Aug 15, 16 8:13 pm
hey brutha,
That sucks nuts big time, was that a Class I felony conviction or a Class II?
Maybe, you should give up and be a building contractor, I know lots of convicts that do that kind of stuff.
archanonymous
Aug 15, 16 11:51 pm
hire a good lawyer, get the records expunged and sealed.
I have been trying to figure out if I will be able to get licensed in North Carolina since I have a felony drug possession charge. Six years ago I was living a different life which lead to this legal consequence. If I continue working towards my degree as planned I should have over 10 years since the convention. I cant seem to get a straight answer through my research. If any one knows NC licensing or can point me in the right direction that would be greatly appreciated. Thank you!
In Michigan I belive if you have 2 marijuana charges you can't get an interior design license. Licensure is a retarded beurocratic money and power grab by lobbyists, schools, etc. it really depends on the state and the decision of the board. I wouldn't however take no for an answer. Look to see if any others have gotten licensed with a similar conviction. If they have, then an attorney can file suit for not treating you equally as they must. Other than that, try to get the charges reduced/dismissed through the courts first. Even if you do though, the state may ask for you to disclose all "arrests" even if a charge / conviction never happened. My state asks for this. Basically, an attorney is more qualified to answer than anyone here, but from what I know from my attorney family members, denial of license requires due process and must not violate constitutional liberties, state legislation, and/or commerce clause. In your case you may have to fight for your right to architect...
I second jla-x.
In his case, I recommend FULL and COMPLETE forthright and candid disclosure.
^^so sayeth our resident, shade-tree, constitutional law librarian and theodolite operator.
RyanT you will not get a straight answer until the time comes. Depending on state they may have a division (one or two persons) who does the "criminal" background review. Have an attorney ready and have some community service in the back pocket if needed, but in short it's at someone's discretion with most states. I've filled out at least 3 different states and they all ask the question differently, it's amusing, but in your case less so, but some states ask for a certain type of Felony, some look for misdemeanors, fraud, etc...
JeromeS,
*** ROLL-EYES ***
Like jla-x and Olaf said which I seconded jla-x and Olaf essentially third what he said with some additional info which is in line with what I said. Therefore, I'm with what these two said.
RyanT also your crime has practically nothing to do with crimes that happen in our "professional" realm. If you had a felony for general fraud, larceny, insurance fraud (common), kickback, collusion, etc... that's what they are really looking for
drug possession. in short, no, architects do drugs. one boss told me one day - "hey you hear about that architect that was stabbed to death in Newark, NJ for a bad drug deal?" I had not, but makes sense, he probably was on coke, clients weren't paying, stabbed and thrown out of dealers car (true story, circa 2002, some NY newspaper) that same boss was on probation (license) for 2 years for 2nd degree larceny, but it was rich people being dicks, so I had his side....
just prove community confidence with health and safety.
good luck.
NC's disciplinary decisions routinely report voided licenses of already-licensed architects who are convicted of felonies - for things ranging from embezzling from a community volunteer situation to domestic violence. These decisions also usually note that their board reported these things to NCARB and to other states' boards. This doesn't absolutely prevent NC from licensing someone who committed a felony in the somewhat-more-distant past and can show that they're not likely to reoffend - but it does show that NC focuses on these issues more closely and takes a harder stance than some other states typically do.
Talk to a lawyer. Like I said, you can try to get the charges expunged, or you can Challenge them legally, or you can move to a state with more leniency...
https://csgjusticecenter.org/wp-content/uploads/2015/12/TheConsiderationofCriminalRecordsinOccupationalLicensing.pdf
A drug charge will likely not be looked at the same as something like fraud...but not sure
Read the part of that article about NM...other states may have similar laws in place that allow licensure for past felons ...
call me and I will kick someone in the balls.
I'm not in NC, but in my state there's a question on the application and on every year's renewal about charges related to drugs or alcohol, and another question asking if you have a current substance problem that would affect your ability to uphold health, safety and welfare. If you check 'yes' to the second question then you won't get a license. If you check 'yes' to the first question but 'no' to the second then you have to submit info about your criminal record and a form signed by a doctor, and then it's at the board's discretion to determine if you're a risk to the public or not.
hey brutha,
That sucks nuts big time, was that a Class I felony conviction or a Class II?
Maybe, you should give up and be a building contractor, I know lots of convicts that do that kind of stuff.
hire a good lawyer, get the records expunged and sealed.