Amended in Assembly May 15, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2396


Introduced by Assembly Member Bonta

(Coauthor: Assembly Member Skinner)

February 21, 2014


An act to amend Section 480 of the Business and Professions Code, relating to expungement.

LEGISLATIVE COUNSEL’S DIGEST

AB 2396, as amended, Bonta. Convictions: expungement: licenses.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board to deny, suspend, or revoke a license on various grounds, including, but not limited to, conviction of a crime if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Existing law prohibits a board from denying a license on the ground that the applicant has committed a crime if the applicant shows that he or she obtained a certificate of rehabilitation in the case of a felony, or that he or she has met all applicable requirements of the criteria of rehabilitation developed by the board, as specified, in the case of a misdemeanor.

Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief and requires the defendant to be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.

This bill would prohibit a board from denying a license based solely on a conviction that has been dismissed pursuant to the above provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 480 of the Business and Professions Code
2 is amended to read:

3

480.  

(a) A board may deny a license regulated by this code
4on the grounds that the applicant has one of the following:

5(1) Been convicted of a crime. A conviction within the meaning
6of this section means a plea or verdict of guilty or a conviction
7following a plea of nolo contendere. Any action that a board is
8permitted to take following the establishment of a conviction may
9be taken when the time for appeal has elapsed, or the judgment of
10conviction has been affirmed on appeal, or when an order granting
11probation is made suspending the imposition of sentence,
12irrespective of a subsequent order under the provisions of Section
131203.4, 1203.4a, or 1203.41 of the Penal Code.

14(2) Done any act involving dishonesty, fraud, or deceit with the
15intent to substantially benefit himself or herself or another, or
16substantially injure another.

17(3) (A) Done any act that if done by a licentiate of the business
18or profession in question, would be grounds for suspension or
19revocation of license.

20(B) The board may deny a license pursuant to this subdivision
21only if the crime or act is substantially related to the qualifications,
22functions, or duties of the business or profession for which
23application is made.

P3    1(b) Notwithstanding any other provision of this code, a person
2shall not be denied a license solely on the basis that he or she has
3been convicted of a felony if he or she has obtained a certificate
4of rehabilitation under Chapter 3.5 (commencing with Section
54852.01) of Title 6 of Part 3 of the Penal Code or that he or she
6has been convicted of a misdemeanor if he or she has met all
7applicable requirements of the criteria of rehabilitation developed
8by the board to evaluate the rehabilitation of a person when
9considering the denial of a license under subdivision (a) of Section
10482.

11(c) Notwithstanding any other provisions of this code, a person
12shall not be denied a license solely on the basis of a conviction
13that has been dismissed pursuant to Section 1203.4, 1203.4a, or
141203.41begin insert of the Penal Codeend insert.

15(d) A board may deny a license regulated by this code on the
16ground that the applicant knowingly made a false statement of fact
17that is required to be revealed in the application for the license.



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