A PFMA conviction does not automatically end a Montana professional license, and a board cannot deny a license solely because of one. But a conviction for a crime involving violence is unprofessional conduct that a licensing board can investigate and sanction. This page explains what the licensing statutes say so you can see how the criminal case affects them. It is part of our Montana Domestic Violence Guide. A&M Law handles the criminal side. A license proceeding itself calls for a lawyer who practices before your board.

The Starting Rule: No Automatic Bar

Montana's policy is stated in the code: the Legislature intends "to encourage and contribute to the rehabilitation of criminal offenders," while licensure "must be conferred with prudence to protect the interests of the public" (MCA § 37-1-201).

The rule that follows has two halves. First, "Criminal convictions shall not operate as an automatic bar to being licensed to enter any occupation in the state of Montana," and no licensing authority may refuse a license solely on the basis of a previous conviction. Second, where the offense "relates to the public health, welfare, and safety as it applies to the occupation," the agency may, after investigation, find that the applicant "has not been sufficiently rehabilitated as to warrant the public trust" and deny the license (MCA § 37-1-203).

Completing probation or parole without a new conviction is evidence of rehabilitation, although the board may still look at the underlying facts (MCA § 37-1-205).

Violence as Unprofessional Conduct

For professions regulated by boards under Title 37, chapter 1, part 3, the list of unprofessional conduct begins with "having a conviction, including a conviction following a plea of nolo contendere, of a crime relating to or committed during the practice of the profession or occupation or involving violence, use or sale of drugs, fraud, deceit, or theft, whether or not an appeal is pending" (MCA § 37-1-316(1)(a)).

Three points follow from that wording. The crime does not have to be connected to your work. A no contest plea counts. And a pending appeal does not stop the board. The provision is expressly subject to the no-automatic-bar rules described above.

The Board of Nursing is one of the boards created under Title 2, chapter 15 and allocated to a department (MCA § 2-15-1734), which is how part 3 defines the boards it covers (MCA § 37-1-302(1)). Other health care and occupational boards are set up the same way, but confirm which statutes and rules govern your own license.

How a Board Learns of a Case and What It Can Do

Any person, government, or private entity may file a written complaint against a licensee or applicant (MCA § 37-1-308(1)). Boards are also designated criminal justice agencies for the purpose of obtaining confidential criminal justice information about their licensees and applicants (MCA § 37-1-307(3)). A screening panel decides whether there is reasonable cause to believe a violation occurred (MCA § 37-1-307(1)(d)).

If the board finds unprofessional conduct, it may order one or more of the following "necessary to protect the public" (MCA § 37-1-312(1)):

  • revocation, or suspension for a fixed or indefinite term;
  • probation for up to 3 years, or restrictions on practice;
  • monitoring by an approved supervisor, or remedial education or treatment;
  • a fine of up to $5,000 for each violation;
  • denial of an application, or a probationary license for up to 3 years;
  • censure or reprimand.

A licensee may also resolve the matter by a stipulated agreement (MCA § 37-1-312(3)).

Teachers and School Staff

Teacher, administrator, and specialist certificates are governed by Title 20. The Board of Public Education may issue a letter of reprimand or suspend or revoke a certificate for, among other reasons, "conviction of, entry of a guilty verdict, a plea of guilty, or a plea of no contest to a criminal offense involving moral turpitude" (MCA § 20-4-110(1)(e)).

The board acts on a request from district trustees or the Superintendent of Public Instruction. It must give 30 days' written notice, investigate, and hold a hearing at which the person can present a defense (MCA § 20-4-110(2), (4), (5)). Note that the trigger includes a plea, not only a conviction, which matters when a deferred sentence is on the table.

Why the Criminal Outcome Matters So Much

The licensing statutes key on specific events: a "conviction," a "plea," a crime "involving violence." So the result of the criminal case often decides whether a board has grounds at all. An acquittal or dismissal is different from a conviction. A conviction for an offense that does not involve violence is different from a PFMA. A deferred sentence that is later dismissed is different again, though it starts with a plea and the board can still see the record.

None of these is a guaranteed shield, and a board looks at conduct as well as paperwork. But they are the reason to raise your license with your defense lawyer early, and to read our pages on plea agreements in PFMA cases and whether to just plead guilty before deciding anything.

Practical Steps While the Case Is Pending

  • Find your board's rules on reporting arrests, charges, and convictions, and note any deadlines.
  • Do not answer a renewal or application question about criminal history from memory. Read the exact wording.
  • Follow every release condition. A violation of a no contact order is a new offense and a new problem for a license.
  • Keep proof of counseling, treatment, and compliance. It is the evidence of rehabilitation a board looks for.
  • For jobs that require carrying a firearm, read police, military, and security jobs.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case or your license.