If you are a Colorado social worker who gets convicted of a felony, you are at risk of losing your license. Plus if you fail to tell the state licensing board about the felony, you could face additional disciplinary punishments as well.
Here are four key things to know:
- The application to become a licensed social worker in Colorado does not ask for fingerprints.
- However, you are expected to voluntarily disclose your past criminal history.
- It is a misdemeanor to work as a social worker without a license.
- The penalty for unlicensed social work carries up to 120 days in jail and/or up to $750.
In this article, our Denver criminal defense attorneys discuss how criminal convictions affect social work licenses in Colorado. Click on a topic to jump to that section:
- 1. Who regulates licenses
- 2. Applying for a license with a criminal record
- 3. Discipline following a criminal conviction
- 4. Fighting disciplinary penalties
- 5. Working as a social worker without a license
- 6. Other professional licenses
- Additional resources
Colorado social workers are required to inform the licensing board if they get a felony conviction.
1. Who regulates social work licenses in Colorado
The State Board of Social Work Examiners is Colorado’s licensing authority for social workers (LCSWs) as well as:
- psychologists,
- marriage and family therapists,
- professional counselors,
- psychotherapists,
- addiction counselors, and
- mental health professionals with a provisional license1
The governor appoints the Board’s seven members: four social workers and three members of the public. They all serve four-year terms.
The Board is located at:
1560 Broadway, Suite 1350
Denver, CO 80202
The phone number is 303-894-7800. The fax number is 303-894-7764. And the email is dora_mentalhealthboard@state.co.us.
2. Applying for a social work license with a criminal record in Colorado
The social work application asks whether you have had any past criminal convictions or arrests. It is important that you disclose everything.
Even though the Board does not require you to submit fingerprints, the Board may check your names against various criminal history databases. If the Board finds that you were not truthful, it may disqualify you for being dishonest.
Note that having a criminal history does not necessarily disqualify you from getting a social work license. The Board usually disqualifies you only if your criminal history suggests that you are still dangerous, incompetent, or dishonest.
In most cases, if you have had your criminal record expunged or sealed, you are still expected to disclose your criminal history on the application. Still, consult with an attorney first to discuss your options.2
3. Discipline for social workers following a criminal conviction in Colorado
The Board requires you to inform them after getting convicted of a felony. The Board would then conduct an investigation to decide whether discipline is appropriate. If so, the Board has the option to either:
- impose an administrative fine;
- send you a confidential letter of concern;
- send an admonition letter (which may be public);
- place you on probation;
- suspend your license; or
- revoke your license
You can always contest the discipline by requesting a formal hearing. In some cases, the Board must hold a disciplinary hearing first before imposing the discipline.
Note that failing to report a felony conviction to the Board is by itself a ground for discipline. Also note that if you have been stripped of your license, you have to wait at least three (3) years before you may reapply for another.3
4. Fighting discipline by the Colorado Board of Social Work Examiners
It is important that if you are facing disciplinary proceedings that you hire an experienced attorney. Not only can a lawyer advocate for you and fight for your license, but also the lawyer will keep straight all of the deadlines and paperwork involved in a disciplinary case.
If the case involves a hearing in front of the Board, the attorney can appear with you and argue that you should keep your license. Common arguments the attorney could make include:
- your reputation is otherwise unsullied;
- you are popular and effective with clients;
- you took responsibility for the criminal case and completed all the sentencing terms promptly; and/or
- the felony that you were convicted of does not speak to your honesty or competence as a social worker
5. Penalties for the unauthorized practice of social work in Colorado
Providing social work services without a valid current license violates Colorado law. A first-time offense is a class 2 misdemeanor in Colorado. The sentence carries:
- up to 120 days in jail and/or
- up to $750 in fines.
Additionally, clients are entitled to recover any payments they made to you if you held yourself out as a licensed social worker.4
If you are convicted of practicing social work without a license, you may be unable to get a license in the future.
6. Other professional licenses in Colorado
6.1. Medical licenses
Physicians are not required to submit fingerprints for criminal background checks before applying for a license. Learn more about discipline for doctors with criminal convictions in Colorado.
6.2. Nursing licenses
Nurses are required to submit to criminal background checks before applying for a license. Learn more about discipline for nurses with criminal convictions in Colorado.
6.3. Dental licenses
Dentists and dental hygienists can lose their license if they get convicted of certain crimes. Learn more about discipline for Colorado dentists with criminal convictions.
6.4. Real estate licenses
Realtors are required to inform the licensing board whenever they get convicted of a felony. Learn more about discipline for Colorado realtors with criminal convictions.
6.5. Contractor licenses
Electrical and plumbing contractors are vulnerable to license suspension or revocation if they get convicted of a felony. Learn more about Colorado contractor licenses and how criminal convictions affect them.
6.6. Accountancy licenses
CPAs must notify the licensing board if they get convicted of a felony or certain misdemeanor crimes. Learn more about how a criminal record affects accountancy licenses in Colorado.
6.7. Law licenses
Attorneys who get disbarred for committing a crime must wait eight years before they can reapply for a bar card. Learn more about how a criminal conviction affects law licenses in Colorado.
Additional resources
For more information, refer to the following:
- State Board of Social Work Examiners: Licensing Services
- National Association of Social Workers: Colorado Chapter – Largest membership organization of professional social workers with about 110,000 members.
- Colorado Society for Clinical Social Work – An association providing opportunities for education and protection of clinical social workers and their clientele.
- Center for Ethical Social Work Practice – Promotes ethical standards through clinical supervision for early-career social workers and training programs for mental health professionals.
- Association of Social Work Boards: Nonprofit organization of all the social work regulatory boards and colleges of all 50 U.S. states.
Legal References
- CRS 12-245-402 (formerly CRS 12-43-302); see also Medical Health Practice Act; 4 CCR 726-1.
- Licensed Social Worker Application Checklist, Department of Regulatory Affairs.
- CRS 12-245-226; CRS 12-245-224 (formerly CRS 12-43-244; C.R.S. 12-43-222).
- CRS 12-245-228 (formerly 12-43-226). Prior to March 1, 2022, class 2 misdemeanors carried 3 to 12 months in jail and/or $250 to $1,000 in fines. SB21-271.