Those who hold professional licenses, such as real estate agents, nurses, contractors, lawyers or doctors have to be concerned with their licenses if they are convicted or even arrested of a criminal offense. For example, the California Board of Registered Nursing unanimously passed stringent standards that require nurses to submit fingerprints and undergo background checks when their license comes up for renewal every two years. Registered nurses must indicate if they have been convicted of a misdemeanor or felony during the last renewal period, and the board will then review convictions on a case-by-case basis.
When a person whose profession requires a license has a criminal conviction, the respective licensing board will investigate the matter and often file an action against the licensee. It is important to clear the criminal record as soon as possible. The key to defending a licensee being disciplined due to a prior conviction is to show that the individual has been fully rehabilitated. Termination of probation and expungement of the criminal record are two important factors that help establish rehabilitation.
Since this is an administrative hearing and not set in a courtroom setting, the licensee/applicant may be lulled into thinking it is not serious. This belief must immediately change. One’s livelihood is at stake and having an attorney present is crucial, at all stages of the proceedings. This insures that the board strictly adheres to the guidelines and enables the individual to have an effective defense attorney at his/her side prior to responding to the board’s inquiries.
Title 16 of the California Code of Regulations, specifically section 1443, outlines the criteria for rehabilitation.
When considering the DENIAL of a license, the board, in evaluating the rehabilitation of the applicant and his/her present eligibility for a license will consider the following criteria: (1) Nature and severity of the crime; (2) Evidence; (3) Time that has elapsed since the commission of the crime; (4) Extent that the applicant has complied with the any terms of probation/parole and; (5) Evidence of rehabilitation submitted.
When considering the SUSPENSION OR REVOCATION of a license on the grounds that a registered nurse has been convicted of a crime, the board, in evaluating the rehabilitation of such person and his/her eligibility for a license will consider the following criteria: (1) Nature and severity of the crime; (2) Total criminal record; (3) Time that has elapsed since the commission of the crime; (4) Extent the licensee has complied with the terms of probation/parole; (5) IF APPLICABLE, EVIDENCE OF EXPUNGEMENT PROCEEDINGS PURSUANT TO PENAL CODE, SECTION 1203.4; and any other (6) Evidence of rehabilitation.
As clearly noted in the code section, an expungement of the criminal conviction is indicative of rehabilitation. But for many, an expungment may not occur until years after a licensing board case has been initiated against the licensee. Thus, it is important that the attorney that represents you in the administrative hearing is cognizant of all the facts in the criminal cases since he/she must be prepared to take the case to trial.
Any comments or questions, please feel free to contact my office at 310-601-7144 or email me at [email protected].