I am trying to find out the legal requirements to become registered in South Carolina.
My concern relates to my "criminal history".
At age 18 I received a DUI that was later reduced to a Reckless Driving. I am 25 years old, now. This has not gotten in my way of getting into schools or getting jobs. However, given the amount of loans I am about to take out, I would like to make sure that I will still be able to get licensed.
Does anyone know where I can find out how this will affect my ability to obtain my license?
Thanks
Donna Sink
Apr 23, 10 10:49 am
Your state board will have guidelines for registration. Generally there are criminal activities that may allow the board to revoke your license, but breaking the law or having a record doesn't automatically mean you lose your license/can't get licensed. Start with the Board's website and see what you can find. Good luck.
Donna Sink
Apr 23, 10 10:54 am
Here you go:
SECTION 40-1-140. Effect of prior criminal convictions.
A person may not be refused an authorization to practice, pursue, or engage in a regulated profession or occupation solely because of a prior criminal conviction unless the criminal conviction directly relates to the profession or occupation for which the authorization to practice is sought. However, a board may refuse an authorization to practice if, based upon all information available, including the applicant's record of prior convictions, it finds that the applicant is unfit or unsuited to engage in the profession or occupation.
It probably won't be a problem. By the time you're through school and licensed you'll be in your 30s - that's a long time to have re-established yourself as a responsible person "fit and suited to engage in the profession".
But be careful with all that college drinking, not to mention driving after you haven't slept for 72 hours ;-)
frankR
Apr 23, 10 10:58 am
Wow, thanks a lot! I really appreciate your help... Especially because it provided good news ;-)
w4000
Apr 23, 10 12:40 pm
Most likely, you arent a criminal in the eyes of the law.
I dont think reckless driving is a criminal offense, It might be a misdemeanor. I'm from Wisconsin, albeit a state with a large drinking culture, but even a person's first DUI isn't criminal there.
druf
Apr 24, 10 11:46 am
I'd say you have no worries. A DUI is a misdemeanor offense. The only time a past conviction will offer you a problem in something like this is if it was a felony (where you can lose your civil rights - vote, buy a gun, own a business, etc...). An employer might be able to discriminate against you if you had a DUI, but a governmental function, like issuing a professional license, can't for just a misdemeanor.
metal
Apr 25, 10 1:30 pm
I think the other question is whether you actually were convicted. Theres a small difference between being convicted and just getting arrested. It depends on the state. Some states will let you take a class or whatever, then the charges are dropped, but the arrest will still show.
So when your asked, "have you ever been convicted of a crime" you could technically say NO.
But i think for licensing, they ask if youve ever been convicted or arrested for anything, and you briefly explain it in your application.
You should be ok, its just a misdemeanor after all.
Ledoux's Eye
Apr 25, 10 9:54 pm
I think you should not worry too much about this situation. Not that it is good that you got a DUI, but it was quite a long time ago. You should not fear answering the questions on the application honestly. In fact, you should be much more concerned if you do not answer the questions accurately (they have ways....). I have known individuals with the exact same situation that you have and they have not been denied licenses. On the other hand, not providing truthful answers on your official application could easily lead to you not being licensed and to the application of a penalty period in which you can not reapply for licensure.
c.k.
Apr 25, 10 10:11 pm
sounds like pageant morality rules.
MyDream
May 30, 15 4:11 pm
I know this was years ago, but I am in the same situation. I called my state board and they said the same as donna sink posted I also called a lawyer to fight for my occupational license and he told me with my record I will have no problems as long as your not a convicted felon.
What about running a practice? Will this image tarnish me to potential clients; If I started a firm years from now will my past destroy my firm? What about competitions, academic and professional will I be automatically rejected because of being known as that guy with a record. What about rehabilitation is that a factor? I mean people make mistakes shouldn't there be a second chance for people? What are my chances of starting a successful full service AE firm?
x-jla
May 30, 15 4:17 pm
you can always try to have your record sealed...
curtkram
May 30, 15 4:25 pm
all this for getting a DUI? i thought everyone had a DUI somewhere in their past?
May 30, 15 9:06 pm
MyDream,
Most people have had a rap or two in their lives when they were young and reckless so in fact clients might actually relate to you as a human being and that you don't do that stuff anymore is a general good sign of maturity that you learned. Remember, you're not becoming a saint and if priests in major denominations of christian faith can become ordained ministers with DUI or such in their life including being arrested at least once then why should you worry. They are to live a lifestyle of being a role model of good moral care and free of sin. You're training to be an architect not a saint of sinless life. However, if you conduct wanton chain of violating laws and other continuous rampant criminal life while practicing architecture, they have basis to revoke licensure or terminate licensure simply because if you are going to prison for the next 10-20+ years, you won't be doing the continuing education probably and revocation of license is grounded by reason.
Aside from that, unless you are deliberately try to become the next Al Capone or something like that, you probably should not worry. If you err, err on side of transparency and being forthright and candid about what you been arrested and/or charged and if convicted or otherwised ruled against in a civil lawsuit by Judge or Jury. The board will likely rule to approve your licensure or renewal unless details of the cases were such that demonstrates you are not of good moral character worthy to become licensed or renewal.
Architectural licensure doesn't require you to be a saint but it does require you to be a responsible person in general.
curtkram,
not everyone has but many have had some rap in their life be it dui, reckless driving, shoplifting or otherwise duing a period of time in their lives where they had done dumb things while being immature. Sure, some have not done those things but such is the events of life. However, nothing stipulated in law requires sainthood but you wouldn't want to live an entirely reckless lifestyle full of irresponsibility, either.
MyDream
May 31, 15 12:36 am
Thanks Richard that really made me feel reassured about my chances for licensure. I have not been charged with a DUI, but I have a few things on me. I spoke with a lawyer on the phone about my record and such and about obtaining a professional license with a record and he said as long as I am not a convicted felon I should be alright just to disclose all of what happened. I just think about it every now and again and I worry my head off, like a huge gust of anxiety that just takes over.
Aside from that, I have a mind blowing plan (or dream) to become a architect developer running a international AE firm/ home builder/ development company. I have extensively self educated my self about how to fulfill such a task I am finding all kinds of little hints from webinars that my plan will be a huge success. I also have found firms in my area who practice architecture with departments like engineering, visualization, landscape architecture, interior design and such, which is what I'm thinking about doing. So as long as my past doesn't become a factor I might be able to make it.
My education however is a bit lacking I am almost done with my first two years of architecture education focusing all the way to a masters; this problem is just a matter of time though.Anyways thanx for your gracious input on the matter
awaiting_deletion
May 31, 15 1:49 am
MyDream as expressed many times on my behalf I have always been favorable to your style....as this blares - sheep
listen bruh! it's up to you....
paperwork...
legal records....
all bullshit
a human is a human when they are being a human.
fyi...dui in my past, got license....so what....
you become an architect and don't drink , I have my doubts....this is not a profession for happy fucking sober people
geezertect
May 31, 15 10:04 am
If you pleaded down to reckless driving, I would think that is all you have to disclose. In the eyes of the law, that is all you did. Depends on the wording of the question, I guess
I am trying to find out the legal requirements to become registered in South Carolina.
My concern relates to my "criminal history".
At age 18 I received a DUI that was later reduced to a Reckless Driving. I am 25 years old, now. This has not gotten in my way of getting into schools or getting jobs. However, given the amount of loans I am about to take out, I would like to make sure that I will still be able to get licensed.
Does anyone know where I can find out how this will affect my ability to obtain my license?
Thanks
Your state board will have guidelines for registration. Generally there are criminal activities that may allow the board to revoke your license, but breaking the law or having a record doesn't automatically mean you lose your license/can't get licensed. Start with the Board's website and see what you can find. Good luck.
Here you go:
SECTION 40-1-140. Effect of prior criminal convictions.
A person may not be refused an authorization to practice, pursue, or engage in a regulated profession or occupation solely because of a prior criminal conviction unless the criminal conviction directly relates to the profession or occupation for which the authorization to practice is sought. However, a board may refuse an authorization to practice if, based upon all information available, including the applicant's record of prior convictions, it finds that the applicant is unfit or unsuited to engage in the profession or occupation.
Which I found here.
It probably won't be a problem. By the time you're through school and licensed you'll be in your 30s - that's a long time to have re-established yourself as a responsible person "fit and suited to engage in the profession".
But be careful with all that college drinking, not to mention driving after you haven't slept for 72 hours ;-)
Wow, thanks a lot! I really appreciate your help... Especially because it provided good news ;-)
Most likely, you arent a criminal in the eyes of the law.
I dont think reckless driving is a criminal offense, It might be a misdemeanor. I'm from Wisconsin, albeit a state with a large drinking culture, but even a person's first DUI isn't criminal there.
I'd say you have no worries. A DUI is a misdemeanor offense. The only time a past conviction will offer you a problem in something like this is if it was a felony (where you can lose your civil rights - vote, buy a gun, own a business, etc...). An employer might be able to discriminate against you if you had a DUI, but a governmental function, like issuing a professional license, can't for just a misdemeanor.
I think the other question is whether you actually were convicted. Theres a small difference between being convicted and just getting arrested. It depends on the state. Some states will let you take a class or whatever, then the charges are dropped, but the arrest will still show.
So when your asked, "have you ever been convicted of a crime" you could technically say NO.
But i think for licensing, they ask if youve ever been convicted or arrested for anything, and you briefly explain it in your application.
You should be ok, its just a misdemeanor after all.
I think you should not worry too much about this situation. Not that it is good that you got a DUI, but it was quite a long time ago. You should not fear answering the questions on the application honestly. In fact, you should be much more concerned if you do not answer the questions accurately (they have ways....). I have known individuals with the exact same situation that you have and they have not been denied licenses. On the other hand, not providing truthful answers on your official application could easily lead to you not being licensed and to the application of a penalty period in which you can not reapply for licensure.
sounds like pageant morality rules.
I know this was years ago, but I am in the same situation. I called my state board and they said the same as donna sink posted I also called a lawyer to fight for my occupational license and he told me with my record I will have no problems as long as your not a convicted felon.
What about running a practice? Will this image tarnish me to potential clients; If I started a firm years from now will my past destroy my firm? What about competitions, academic and professional will I be automatically rejected because of being known as that guy with a record. What about rehabilitation is that a factor? I mean people make mistakes shouldn't there be a second chance for people? What are my chances of starting a successful full service AE firm?
you can always try to have your record sealed...
all this for getting a DUI? i thought everyone had a DUI somewhere in their past?
MyDream,
Most people have had a rap or two in their lives when they were young and reckless so in fact clients might actually relate to you as a human being and that you don't do that stuff anymore is a general good sign of maturity that you learned. Remember, you're not becoming a saint and if priests in major denominations of christian faith can become ordained ministers with DUI or such in their life including being arrested at least once then why should you worry. They are to live a lifestyle of being a role model of good moral care and free of sin. You're training to be an architect not a saint of sinless life. However, if you conduct wanton chain of violating laws and other continuous rampant criminal life while practicing architecture, they have basis to revoke licensure or terminate licensure simply because if you are going to prison for the next 10-20+ years, you won't be doing the continuing education probably and revocation of license is grounded by reason.
Aside from that, unless you are deliberately try to become the next Al Capone or something like that, you probably should not worry. If you err, err on side of transparency and being forthright and candid about what you been arrested and/or charged and if convicted or otherwised ruled against in a civil lawsuit by Judge or Jury. The board will likely rule to approve your licensure or renewal unless details of the cases were such that demonstrates you are not of good moral character worthy to become licensed or renewal.
Architectural licensure doesn't require you to be a saint but it does require you to be a responsible person in general.
curtkram,
not everyone has but many have had some rap in their life be it dui, reckless driving, shoplifting or otherwise duing a period of time in their lives where they had done dumb things while being immature. Sure, some have not done those things but such is the events of life. However, nothing stipulated in law requires sainthood but you wouldn't want to live an entirely reckless lifestyle full of irresponsibility, either.
Thanks Richard that really made me feel reassured about my chances for licensure. I have not been charged with a DUI, but I have a few things on me. I spoke with a lawyer on the phone about my record and such and about obtaining a professional license with a record and he said as long as I am not a convicted felon I should be alright just to disclose all of what happened. I just think about it every now and again and I worry my head off, like a huge gust of anxiety that just takes over.
Aside from that, I have a mind blowing plan (or dream) to become a architect developer running a international AE firm/ home builder/ development company. I have extensively self educated my self about how to fulfill such a task I am finding all kinds of little hints from webinars that my plan will be a huge success. I also have found firms in my area who practice architecture with departments like engineering, visualization, landscape architecture, interior design and such, which is what I'm thinking about doing. So as long as my past doesn't become a factor I might be able to make it.
My education however is a bit lacking I am almost done with my first two years of architecture education focusing all the way to a masters; this problem is just a matter of time though.Anyways thanx for your gracious input on the matter
MyDream as expressed many times on my behalf I have always been favorable to your style....as this blares - sheep
listen bruh! it's up to you....
paperwork...
legal records....
all bullshit
a human is a human when they are being a human.
fyi...dui in my past, got license....so what....
you become an architect and don't drink , I have my doubts....this is not a profession for happy fucking sober people
If you pleaded down to reckless driving, I would think that is all you have to disclose. In the eyes of the law, that is all you did. Depends on the wording of the question, I guess