Expungements and Penal Code Section 1203.4
New California Professional Licensing Laws and Regulations: Expungements and Penal Code Section 1203.4 Relief More Important than Ever for CA Professionals Facing Denial, Suspension and Revocation of Licenses
California’s professional licensing agencies in Sacramento continue to amend their laws and regulations so as to give more benefits to license holders and applicants who are facing potential discipline based on a criminal conviction if the conviction is expunged i.e. dismissed pursuant to CA Penal Code section 1203.4.
A few years back CA Business & Professions Code section 480(c) was amended to read that applicants for most health care licenses issued by various agencies such as the CA Dental Board, the CA Board of Behavioral Sciences, the CA Medical Board and Osteopathic Medical Board, the CA Board of Registered Nursing, the CA Board of Licensed Vocational Nursing, the Physical Therapy Board of CA, CA Board of Respiratory Therapy, etc… could not be denied a license solely due to a criminal conviction that has since been set aside and dismissed under Penal Code section 1203.4.
In passing that law, the legislature stated:
“[This bill] is designed to reduce employment barriers for people with criminal records who have been rehabilitated. [This bill] allows them the opportunity to pursue meaningful employment and work towards entering the middle class, instead of struggling in low-wage jobs or returning to crime. “In many cases, individuals seeking a professional license struggle to achieve self-sufficiency because of consideration of a dismissed record that is irrelevant to their ability to perform the job. Under current law, even applicants who are presumed to be rehabilitated by the court system may still have their license denied.”
However, B&P Section 480 only applies to some of California’s licensing agencies and mostly those in the health care field. Other CA professional licensing boards and agencies, such as the CA Department of Insurance, CA Bureau of Real Estate, CA Commission on Teacher Credentialing, and CA Contractors State Licensing Board to name a few, are not governed by Section 480. Nonetheless, all of those boards and agencies will credit a licensee or license applicant who has received Section 1203.4 relief. Moreover, those boards are starting to create their own laws and regulations to mimic Section 480(c).
For example, as of July of 2017 the CA Bureau of Real Estate amended its regulations to state that an applicant who has a prior criminal conviction that has been dismissed under PC 1203.4, need not provide additional evidence of rehabilitation to the Department of Real Estate in order to obtain their license (see Title 10 Section 2911 of the CA Code of Regulations).
In short, if you are a professional licensee in California or a license applicant, and you are facing potential discipline of your license in the form of a denial (Statement of Issues) or suspension/revocation (Accusation) due to a criminal conviction, it is more important than ever that you seek Penal Code section 1203.4 relief of that conviction right away. CA Administrative Law Attorney Jonathan Turner can assist you in not only handling your licensing matter but also in obtaining PC 1203.4 relief from the criminal courts.
California professional licensing defense attorney Jonathan Turner has assisted dozens of professionals over the years in obtaining dismissals of their conviction all over California which then translates to the licensee being in a better position to avoid license discipline by CA boards and the Department of Consumer Affairs. If you are a CA professional licensee or license applicant, and have a criminal conviction, contact Sacramento, CA license defense lawyer Jonathan Turner right away for a consultation.
LEGAL TROUBLE WITH YOUR PROFESSIONAL LICENSING BOARD?
If you received a denial of a professional license or any threat to your ability to continue practicing your profession, please contact attorney Jonathan Turner using this contact form or call (916) 471-6505 for a personal conversation.