BILL NUMBER: AB 1025
VETOED DATE: 10/13/2007
To the Members of the California State Assembly:
I am returning Assembly Bill 1025 without my signature.
This bill could jeopardize the public health, safety, and welfare in
a well-intentioned but flawed attempt to permit individuals convicted
of crimes to work in a regulated profession. I am concerned that
this bill goes too far in taking away a licensing entity's discretion
to deny a license or take other licensing actions, even if it is in
the best interest of the state's consumers. The State of California
licenses various professions in order to protect consumers from
unqualified, dangerous, or unscrupulous individuals. All statutes
establishing licensing programs mandate that the protection of the
public is the highest priority and that "whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount."
AB 1025 creates a presumption of rehabilitation based on an
expungement of a conviction. This is problematic for two reasons.
First, expungement is not intended to be indicative of
rehabilitation. Second, this provision places the burden of proof on
state licensing bodies to show than an individual is not
rehabilitated, which would result in increased litigation and
extensive investigations.
For this reason, I am unable to sign this measure.
Sincerely,
Arnold Schwarzenegger