Can You Receive a Professional License With a Felony?
Understanding North Carolina’s Licensing Law and Criminal Convictions
If you have a felony conviction and are thinking about a professional career in North Carolina, the big question is understandable: Can you still get licensed?
The short answer is yes — having a felony does not automatically disqualify you from receiving a professional license in North Carolina. But how this works is governed by specific state law and varies by board. This article breaks down what the statute says, how boards must evaluate convictions, and practical steps you should know.
What North Carolina Law Says About Criminal Convictions and Licensing
N.C. Gen. Stat. § 93B‑8.1 governs how occupational and state licensing boards consider an applicant’s criminal history record (including felonies) when determining eligibility for a license.
Under § 93B‑8.1:
A licensing board may deny a license based on a criminal conviction only if the board finds the conviction is directly related to the duties and responsibilities of the profession or the conviction is for a crime that is violent or sexual in nature.
Boards may not automatically deny licensure solely because of a conviction.
And a board cannot deny a license for moral turpitude alone.
This means a felony by itself is not a categorical bar. Instead, the board must decide whether the felony is relevant to the actual job duties of the profession you seek.
How Boards Evaluate Criminal Convictions
Before denying an application due to a conviction, North Carolina law requires boards to consider several specific factors outlined in § 93B‑8.1(b1). These factors include:
The level and seriousness of the crime
When the crime occurred
The applicant’s age at the time
Circumstances surrounding the crime
Whether the crime is connected to job duties (“nexus”)
Your criminal justice and employment history since the conviction
Participation in rehabilitative programs
Any character references or other written documents submitted
Boards must document their reasoning in writing and explain how these factors impact their decision if they deny your application.
What It Means in Practice
Because § 93B‑8.1 treats conviction history as part of a fitness assessment, the focus is on your ability to practice the profession safely and ethically, not on whether you simply have a felony conviction.
For example:
A violent felony or a conviction directly tied to professional responsibilities (e.g., fraud when applying for a financial license) weighs heavily in a board’s decision.
A felony conviction from many years ago that is unrelated to the profession and followed by steady lawful conduct, employment, and rehabilitation may be less significant.
This reflects the statute’s purpose of considering the whole person, not just a fingerprint report.
Predetermination: Get Clarity Before You Apply
One of the most important tools in § 93B‑8.1 is the predetermination process. Under subsection (b6), an applicant with a criminal history may petition a board any time, even before finishing education or training, to get an early determination of whether their criminal record is likely to prevent licensure.
Predetermination is hugely valuable because it lets you:
Know ahead of time if your criminal history is likely to be disqualifying
Avoid spending time and money on training before you understand your eligibility
Begin gathering supporting documentation for rehabilitation and mitigation
If the board determines you are eligible and you later apply and meet all other qualifications, that predetermination can be binding.
What Happens if a Board Denies Your License Because of a Felony
Even when § 93B‑8.1 applies, boards can still deny an applicant on criminal history grounds — but they must do it correctly:
Written findings: The board must provide detailed findings specifying which factors affected its decision.
Notice: You must receive a signed copy of the denial within 60 days, including the rationale.
Reapplication period: You cannot be barred from reapplying for more than two years from the date of the most recent application.
Appeals: Boards must outline the Chapter 150B appeals process in their public materials.
This statutory framework ensures transparency and fairness if a board denies you a license.
Common Misconceptions About Felonies and Licenses
“If I have a felony, I can’t get licensed in NC.”
Not true. Felony convictions can be considered, but under § 93B‑8.1, they aren’t automatic disqualifiers.
“Boards just look at the conviction date and decide.”
No. Boards must consider multiple factors — including nexus to job duties, rehabilitation, and character — before denying a license.
“If I was convicted long ago, the board won’t care.”
Boards must consider the age and circumstances of the conviction, but that doesn’t guarantee approval. They still evaluate fitness for the profession.
Practical Tips for Applicants With Felony Convictions
To improve your chances under § 93B‑8.1:
Request predetermination early. Knowing where you stand can guide your next steps.
Compile documentation of rehabilitation. This can mean treatment certificates, employment history, community involvement, or character letters.
Prepare a detailed personal statement explaining your history and growth.
Understand the “nexus.” Explain why your conviction does not relate to the core duties of the profession.
These steps help boards appropriately apply the statutory factors when reviewing your application.
Frequently Asked Questions
Can someone with a felony get a professional license?
Yes. North Carolina law does not automatically bar licensure based on felony convictions. Boards can deny a license only if the conviction is directly related to the profession or violent/sexual in nature, after evaluating statutorily required factors.
What is predetermination?
Predetermination is an early review process allowing you to ask a board whether your criminal history is likely to be disqualifying before completing training or education.
Does the board have to tell me why it denied my license?
Yes. If a board denies you a license due to criminal convictions, it must provide written findings explaining its reasoning and referencing relevant factors.
Can I reapply after a denial?
Yes. Boards cannot restrict you from reapplying for more than two years after your last application.
Final Thought
A felony conviction does not automatically prevent you from receiving a professional license in North Carolina. The key is understanding § 93B‑8.1’s individualized review process, preparing your application carefully, and using tools like predetermination to your advantage. With the right approach, you can pursue your professional goals even with a conviction in your past. If this interests you, schedule a consultation with Brooks Peterson PLLC or call (919) 616-3317.
This is not legal advice. If you do need legal representation call the office at: (919) 616-3317