Can You Get a Professional License With a Criminal Conviction in North Carolina?
Short answer: maybe — but it depends heavily on the nature of your conviction, how much time has passed, and how well you present your rehabilitation.
North Carolina law gives people with criminal records a formal path to find out beforehand whether a conviction is likely to block professional licensure — through a process called predetermination (sometimes called a “predetermination letter” or “predetermination petition”). That’s governed by N.C. Gen. Stat. § 93B-8.1(b6–b8).
Why Does This Even Matter?
Licensing boards and agencies in North Carolina (for professions like real estate, electrical, HVAC, healthcare, counseling, etc.) are required to protect the public. Historically, some statutes allowed automatic denials for certain convictions or used broad standards like “moral turpitude.” But reforms in recent years have changed the landscape.
Key reform: Under current law, no board may automatically deny a license just because of a criminal conviction, and no board may deny someone based on a “crime of moral turpitude.” Instead, a board may deny licensure only if it finds that the criminal history is directly related to the duties of the license — or the conviction is for a violent or sexual crime.
Thus, even with a conviction, a person often has a fighting chance — especially if they can demonstrate rehabilitation and a weak nexus between the offense and the profession sought.
What Is a Predetermination?
A predetermination is a non-final, preliminary determination by a licensing board (or delegated committee) about whether your criminal record will likely disqualify you from getting a license.
You may submit a predetermination at any time, even before you begin training or education.
The petition must include a criminal history report (from a reporting service approved by the board) and supporting materials such as explanations, character references, evidence of rehabilitation, etc.
The board (or its delegate) must notify you within 45 days of receipt of a complete petition.
If the predetermination concludes that you are eligible, that decision is binding on the board provided that (1) you later apply and fulfill all licensing requirements, and (2) your criminal history did not change and was correctly stated.
However, if the predetermination says your history likely disqualifies you, that is not a final decision and cannot be challenged directly by judicial review. You still can apply for the license and present additional evidence.
Because the predetermination is binding in favorable cases, it gives prospective applicants valuable clarity before investing time and money into licensure steps.
What Factors Do Boards Must Consider?
When a board is deciding whether to deny a license based on a criminal conviction, it must evaluate all of the following factors under N.C. Gen. Stat. § 93B-8.1(b1):
The level and seriousness of the crime.
The date of the crime (how long ago it occurred).
The age of the individual at the time of the crime.
The circumstances surrounding the offense (if known).
The nexus between the criminal conduct and the duties of the prospective licensee.
The individual’s prison, jail, probation, parole, rehabilitation, and employment history since the offense.
6a. Completion of, or active participation in, rehabilitative drug or alcohol treatment.
6b. A Certificate of Relief under G.S. 15A-173.2.Any subsequent criminal conduct by the applicant.
Any affidavits or written documents, including character references.
The board must specifically identify which factors were deemed relevant to the decision and explain the rationale in writing.
If a board denies a license, it must:
Provide the written findings and rationale (signed by the board’s presiding officer) within 60 days of denial.
Include in the denial order: reference to each criminal conviction considered, the reasoning, the appeals process, and when reapplication is allowed.
The board may not prevent reapplication for more than two years from the most recent application.
Also, licensing boards must publicly disclose, on their website and in their application materials:
Whether a criminal history check is required;
The factors under § 93B-8.1(b1);
The appeals process under Chapter 150B of the General Statutes.
And criminal history records submitted in connection with a predetermination are not public records.
What Kinds of Convictions Are Particularly Risky?
Here are some practical observations (not guarantees):
A simple traffic violation (speeding, minor non-injury offense) generally will not disqualify someone from licensure in most trades or professions.
Convictions for violent or sexual crimes may disqualify you regardless of nexus or rehabilitation, because the statute allows denial in those categories.
Crimes that more closely relate to professional misconduct (e.g. fraud, theft, embezzlement) pose a higher risk, depending on the profession’s duties.
The longer the time since your conviction, and the stronger your record of rehabilitation, the better.
A Certificate of Relief (if granted under G.S. 15A-173.2) must now be favorably considered by the board.
A predetermination in your favor is a powerful tool — the board is bound by it (if unchanged) when you later apply.
What Happens If Your Predetermination or Application Is Denied?
If a board denies your licensure at staff or committee level, you often get the chance to go to a hearing (quasi-trial), where you and your attorney can present:
Opening statement
Witness testimony / cross-examination
Documentary evidence
Legal argument and closing statement
You may also bring character references, rehabilitation evidence, certificates, etc.
If you lose at hearing, you may be able to pursue an administrative appeal under Chapter 150B (depending on the board) and reapply (after waiting period not exceeding two years).
A good case strategy often starts well in the predetermination stage. Having skilled counsel can make the difference in how your record is presented and how mitigation is framed.
Practical Tips for Applicants With Criminal Records
Be fully transparent about your conviction history — omission or misleading statements can be judged more harshly than the offense itself.
Gather relevant supporting documents: court records, probation/parole records, certificates for rehabilitation programs, employment history, references.
If eligible, pursue a Certificate of Relief under G.S. 15A-173.2 (if not already done).
Draft a narrative explaining your offense (circumstances, remorse, lessons learned), your rehabilitation path, and how you’re now trustworthy in the profession’s duties.
Ask for a predetermination before investing time and money in education or license application.
If denied, use the written findings to craft your arguments in a hearing or appeal.
If you’re concerned a criminal conviction may block you from obtaining your professional license in North Carolina, take advantage of the predetermination process under N.C. Gen. Stat. § 93B-8.1(b6–b8). This can give you a preview of how the board might treat your record, and a favorable result binds the board (if conditions remain the same).
Brooks Peterson PLLC is experienced in professional license defense and administrative law. We can help you assess whether your conviction is likely to be an obstacle, prepare a strong predetermination petition, and represent you in a hearing or appeal if needed.
This is not legal advice. If you do need legal representation call the office at: 919-616-3317