Old Misdemeanor, Recent Impaired-Driving Disposition, and a Character Question
Devon is 34 and has completed a 1,000-hour massage program, including 150 hours of practice on a person. His CPR card is current, and he passed the required licensing examination. On his application, the question asks whether he has ever been convicted of a crime other than a minor traffic infraction. In 2016, he was convicted of petit larceny for shoplifting; he completed probation in 2018. In 2020, he received a DWAI disposition, meaning driving while ability impaired. Since then, he has worked as a massage therapist in another state, has letters from two employers, and completed a professional ethics course. He is unsure whether to disclose the 2016 conviction because it is old and whether the 2020 DWAI is a crime that must be reported. He asks whether the Department will automatically deny him a license.
1. How should Devon answer the criminal-history questions, and what documents should he submit?
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He should answer every question exactly as worded and disclose the 2016 petit larceny conviction. Omitting it because it is old is risky: a false or incomplete answer can become a separate honesty problem. For the 2020 DWAI, he should read the question carefully. If it asks about convictions or criminal offenses, he should disclose the disposition and explain its nature rather than decide for himself that it is irrelevant. He should submit certified dispositions for both matters, a personal statement describing what happened and what he learned, proof that probation was completed, the ethics course certificate, employer letters, and any treatment or community records that show rehabilitation. He should keep copies of everything submitted.
2. What factors will the Department likely weigh in deciding good moral character, and is denial automatic?
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Denial is not automatic based on an old conviction. The Department generally looks at the nature and seriousness of the conduct, the age of the offense, the amount of time since it occurred, whether the sentence was completed, any pattern of misconduct, evidence of rehabilitation, employment history, references, and candor in the application. A single 2016 shoplifting conviction followed by completed probation, steady work, and an ethics course weighs differently from a recent pattern of dishonesty. The 2020 DWAI may raise a concern about judgment or substance use, so Devon should be prepared to explain it and show any completed education or treatment. The key is to present a full, honest record rather than conceal anything.
3. What is the risk of omitting the 2016 conviction?
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The risk is significant. If the omission is discovered, the Department may treat it as a false statement or lack of candor, which can matter more than the original shoplifting conviction. A withheld conviction can lead to denial, conditions, or disciplinary consequences even if the underlying offense would not have barred licensure. Devon should not rely on the age of the offense to justify nondisclosure. If he already submitted an incomplete application, he should correct it promptly in writing before the Department acts.