An arrest in Nebraska places any professional license in immediate jeopardy. For physicians, nurses, attorneys, teachers, and other credentialed individuals, the consequences extend far beyond the courtroom. Licensing boards in Nebraska have the authority to initiate disciplinary action based solely on the alleged conduct, often before the criminal matter is resolved. In many cases, mandatory reporting requirements and internal investigations begin within days of the arrest. Emergency suspensions or restrictions may follow, regardless of whether charges result in a conviction. The risks are significant and the timeline is unforgiving.
Any licensed professional facing criminal allegations should consult a criminal defense lawyer at the earliest possible stage. Delaying that step can result in irreversible harm to one’s career and standing.
Crimianl Defense Attorneys for Licensed Professionals in Nebraska
Liberty Law Group defends licensed professionals accused of crimes such as drunk driving / DUI, domestic violence, drug crimes, weapons charges, and other criminal offenses in Nebraska. Our firm proudly represents people in Lincoln, Lancaster County, Omaha, Douglas County, and surrounding communties of Nebraska. In the sections below, Liberty Law Group outlines the legal exposure professionals face following an arrest, and why hiring an experienced Nebraska professional license defense lawyer is important for protecting both their rights and their license.
Overview of Defending Licensed Professionals in Nebraska
- What Happens If a Licensed Professional Is Arrested in Nebraska
- How a Licensing Case Begins
- Nebraska Nurses and Licensing Risk
- Nebraska Doctors and Physician Discipline
- Nebraska Teachers and Certificate Discipline
- Nebraska Lawyers and Professional Discipline
- Other Nebraska Licensed Professionals
- When and Why to Involve a Criminal Defense Lawyer
- Frequently Asked Questions
- Resources
What Happens If a Licensed Professional Is Arrested in Nebraska
A licensed professional arrested in Nebraska may quickly face more than just criminal charges. Many professions require a valid state license to work, and an arrest, even without a conviction, can lead to disciplinary action by a licensing board. Some professions have mandatory reporting rules, meaning an employer or individual must notify a licensing agency if someone is arrested for crimes such as driving under the influence (DUI), drug possession, theft, assault, or any sex offense. Once reported, licensing boards may launch their own investigation.
Nebraska licensing boards do not need to wait for a criminal court decision to act. They follow their own rules for investigating behavior that may be considered unprofessional or damaging to the reputation of a profession. Under Nebraska Revised Statute § 38-178, for example, the Department of Health and Human Services (DHHS) can take disciplinary action based on behavior alone, even if no conviction occurs. The board may suspend or limit a license if the person’s actions suggest they are not fit to practice.
Each profession is regulated by its own board or agency, and they often move quickly. A professional who has been arrested may receive notices, demands for a response, or even temporary suspension notices within days or weeks. Waiting for a criminal case to finish before responding to licensing actions can create unnecessary risk. Missing deadlines, failing to respond to notices, or failing to participate in hearings can lead to automatic penalties or permanent damage to a career.
How a Licensing Case Begins
A licensing case usually begins when someone makes a complaint to the appropriate agency. This could be an employer, co-worker, client, or member of the public. The agency will decide whether the complaint warrants a full investigation.
Once a complaint is accepted, the agency may gather records, interview witnesses, or request a response from the professional. If the matter is serious enough, the board may file a formal petition and hold a hearing. At the hearing, the professional may offer evidence and question witnesses. If a violation is found by the board, the board may impose discipline ranging from a warning to permanent revocation of the license. Appeals are allowed in most cases under the Nebraska Administrative Procedure Act.
Nebraska Nurses and Licensing Risk
Nurses often face disciplinary action for issues like drug diversion, impairment at work, or poor clinical judgment. Under § 38-178, causes for discipline include working under the influence, gross negligence, or repeated errors in care. A single DUI arrest can be enough to trigger a report to the Board of Nursing and an investigation.
Some nurses choose to surrender their licenses rather than go through formal hearings. These voluntary actions are public and often appear on Division of Public Health (DHHS) reports. Nurses who have substance use problems may qualify for the Licensee Assistance Program, which is described in § 38-175. This program allows for treatment and monitoring without formal charges, but strict compliance is required. If a nurse fails to meet program requirements, they may still face disciplinary action.
Once a case begins, the Board of Nursing can suspend or restrict the license if it finds enough evidence. Sanctions are posted publicly and can affect whether a nurse can work in other states through the nurse compact system. Investigations often move quickly, and outcomes like probation or revocation can affect future employment.
Discipline for Nebraska Doctors and Physicians Charged with a Crime
Doctors in Nebraska can lose their licenses for criminal convictions, unethical behavior, or failure to follow medical standards. Under § 38-178(6), gross negligence or working outside the scope of a license are clear grounds for discipline. Even if no patient is harmed, prescribing medication improperly or violating documentation rules can result in action. Emergency suspensions under § 38-183 are used when there is an immediate risk to patients.
The Board of Medicine and Surgery oversees physician discipline and operates through DHHS. Investigations may start with a complaint from a patient, coworker, or medical facility. If the complaint is serious, the Attorney General may file a petition under § 38-186. At the hearing, evidence is presented and the doctor has the opportunity to respond. A finding of unprofessional conduct under § 38-179 can result in penalties like probation, suspension, or revocation.
Disciplinary actions are reported to the National Practitioner Data Bank (NPDB) and listed on DHHS’s website. These records are reviewed by hospitals, insurance companies, and other credentialing entities. Even a private agreement to resolve a case can show up in the NPDB and affect future career options.
Nebraska Teachers and Educators Accused of a Crime
The Nebraska Department of Education can suspend or revoke a teacher’s certificate for several reasons, including felony convictions, immoral acts, or unethical conduct. Under § 79-866, “just cause” includes violations of contract terms, criminal behavior such as sexual abuse of a student, or incompetence. A teacher’s employer may report an arrest or incident to the state, which can trigger a formal investigation.
Once a complaint is filed, the Commissioner of Education must investigate. If enough evidence exists, the commissioner may file a petition or recommend a negotiated penalty, as described in § 79-868. A hearing officer may be appointed to oversee the case and make a recommendation.
If a certificate is revoked, all current and previous teaching certificates are also canceled under § 79-867. Reinstatement is possible after any required period of ineligibility, but a new application must meet all current standards. A suspended certificate can be reinstated when the suspension ends if it has not expired.
Standards for teachers are adopted by the State Board and cover ethics, performance, and professional behavior. Violations linked to criminal charges can lead to immediate discipline. School districts can discipline or terminate employees but cannot revoke a license unless the state board follows the proper legal process.
Nebraska Lawyers and Professional Discipline
Lawyer discipline in Nebraska is controlled by the Supreme Court under §§ 3-301 to 3-328. Violations of the Rules of Professional Conduct, dishonesty, or criminal convictions can lead to serious consequences. Under § 3-303, any conduct that reflects poorly on a lawyer’s honesty or fitness may be grounds for review—even if it is a misdemeanor.
Disciplinary action starts when a complaint is filed with the Counsel for Discipline. If the case proceeds, the Committee on Inquiry may investigate and recommend either dismissal, a private reprimand, or formal charges under § 3-309. The Supreme Court then decides on penalties such as suspension, censure, probation, or disbarment under § 3-304.
These cases are confidential until formal charges are filed. Once the Court takes action, outcomes are made public. Lawyers must also pay a disciplinary assessment and respond to inquiries; failing to do so can result in suspension, even without any misconduct.
Other Nebraska Licensed Professionals
Dentists are regulated by the Nebraska Board of Dentistry and follow the Uniform Credentialing Act. Arrests for drug charges, fraud, or misconduct can lead to license suspension or revocation under Title 172 NAC Chapter 56. These actions can occur even if the criminal matter is not related to patient care.
Pharmacists are regulated under §§ 38-2801 to 38-28,107 and must comply with both the Uniform Credentialing Act and the Uniform Controlled Substances Act. Criminal charges involving controlled substances can result in immediate license suspension and later sanctions under Title 172 NAC Chapter 128.
Real estate agents are overseen by the Nebraska Real Estate Commission. Under § 81-885.01, disciplinary actions can be based on convictions, fraud, or unethical conduct—even if the actions did not involve a real estate transaction.
Mental health professionals, including counselors and therapists, are governed by §§ 38-2101 to 38-2147. Violations involving boundaries, client relationships, or criminal arrests can lead to disciplinary action under Title 172 NAC Chapter 94.
Certified public accountants (CPAs) are regulated under the Public Accountancy Act and Title 288 NAC. A felony or serious misdemeanor involving dishonesty or fraud can result in license suspension or revocation.
Pilots licensed by the FAA can face certificate suspension or revocation for regulatory violations, including drug offenses or safety breaches. These actions may begin with informal procedures and can often be settled without formal litigation. Civil penalties may also apply. Pilots can appeal suspensions or revocations to the NTSB and, if needed, to a federal court.
When and Why to Involve a Criminal Defense Lawyer
When a licensed professional is arrested in Nebraska, the risks go beyond the courtroom. Alongside criminal charges, disciplinary action from a licensing board may follow, often before the criminal case is resolved. A dismissal in court doesn’t guarantee protection from license suspension, and even a misdemeanor like DUI or assault can lead to immediate restrictions depending on the profession.
Each licensing board has its own rules, deadlines, and reporting requirements. Some professionals must report an arrest within days, and failure to do so can count as misconduct. Admissions made in court documents or plea agreements can also be used by boards to justify discipline, even if no conviction occurs.
A criminal defense lawyer who understands Nebraska’s licensing laws can help manage both sides of the situation. They can advise on how plea negotiations or court statements might affect a license, respond to board notices, and prepare for disciplinary hearings. Coordinated legal strategy is especially important for doctors, nurses, teachers, lawyers, and law enforcement officers, where licensing standards are strict and consequences can be long-lasting.
Working with an attorney who is experienced in both criminal defense and licensing matters gives professionals a meaningful chance to protect their career, reputation, and future.
Frequently Asked Questions
What happens to a professional license after an arrest in Nebraska?
An arrest may trigger an immediate licensing board investigation. Nebraska boards can take action before any conviction, including suspending or limiting the license based on allegations alone, under Nebraska Revised Statute § 38-178.
Can disciplinary action occur without a criminal conviction?
Yes. Licensing boards in Nebraska may impose penalties without a conviction, using a “clear and convincing evidence” standard instead of the higher criminal “beyond a reasonable doubt” burden.
Do licensing boards in Nebraska wait for court outcomes?
No. Boards can act independently and may discipline licensees based on conduct alone, even while the criminal case is still pending or even dismissed, especially under administrative codes.
Which agency oversees healthcare professionals in Nebraska?
The Nebraska Department of Health and Human Services (DHHS), Division of Public Health, regulates nurses, doctors, pharmacists, and other health licensees under the Uniform Credentialing Act.
What happens during a Nebraska license disciplinary hearing?
If charges are filed, a hearing occurs with witnesses and evidence. A hearing officer or director decides the outcome, and the credential holder may face fines, probation, or driver license revocation.
Can a professional license be suspended temporarily in Nebraska?
Yes. If DHHS believes a licensee poses an imminent risk to public health, it may impose a temporary suspension without a prior hearing under Nebraska Revised Statute § 38-183.
Are arrests reported to licensing boards automatically in Nebraska?
In many professions, yes. Employers or courts may be required to report arrests. This can trigger an investigation even if the licensee is never charged or convicted.
Does an out-of-state conviction affect a Nebraska license?
Yes. Nebraska licensing boards can act on convictions from other states if the conduct relates to fitness to practice, as outlined in § 38-178 and related licensing statutes.
Are disciplinary outcomes for Nebraska professionals made public?
Yes. DHHS and other agencies publish monthly disciplinary reports. Outcomes are often also reported to national databases like the NPDB, which employers and credentialing bodies check.
Additional Resources
Nebraska Legislature – Chapter 38 Health Occupations and Professions
This source provides Nebraska’s official laws governing licensed health professionals. It includes detailed statutes about disciplinary actions, definitions of misconduct, procedures for license denial or suspension, and the responsibilities of credential holders and the state.
DHHS – Disciplinary Actions Against Health Care Professionals and Child Care Providers
This source lists disciplinary actions taken by the Nebraska Department of Health and Human Services. It includes monthly reports of disciplinary outcomes, voluntary surrenders, and actions against childcare providers. It also links to hearing schedules and license search tools.
Nebraska Revised Statute 79-866 – This statute outlines the standards of professional practice for teachers and administrators in Nebraska. It explains the grounds and procedures for certificate suspension or revocation, including violations of ethics, competency issues, or criminal convictions.
State of Nebraska – Officer Misconduct and Oversight Center – This site provides a listing of law enforcement officers in Nebraska who have had certifications revoked or surrendered, been convicted of certain crimes, or found to have committed serious misconduct.
FAA – Legal Enforcement Actions Against Pilots – This page outlines the FAA’s legal enforcement actions for aviation-related violations. It explains certificate actions, civil penalties, informal procedures, and settlement options. It also describes how enforcement cases can be appealed through the NTSB.
Supreme Court of Nebraska – Discipline Procedures for Lawyers – This section details how Nebraska’s Supreme Court handles attorney discipline. It defines key terms, outlines the roles of various disciplinary bodies, and explains procedures for investigations, complaints, hearings, and disciplinary actions.
Hire a Criminal Defense Attorney for Licensed Professionals in Nebraska
Facing charges as a Licensed Professional can be difficult to wrangle properly. Our expert defenders at Liberty Law Group are ready to protect your rights and privacy as our client, and to use our expertise to provide the strongest criminal defense in Nebraska.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for a criminal offense and risk losing your professional license, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
