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 boardbegin insert within the Department of Consumer Affairsend insert from denying a license based solely on a conviction that has been dismissed pursuant to the above provisions.begin insert The bill would require an applicant who has a conviction that has been dismissed pursuant to the above provisions to provide proof of the dismissal.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 480 of the Business and Professions Code
2 is amended to read:
(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.
P3 1(3) (A) Done any act that if done by a licentiate of the business
2or profession in question, would be grounds for suspension or
3revocation of license.
4(B) The board may deny a license pursuant to this subdivision
5only if the crime or act is substantially related to the qualifications,
6functions, or duties of the business or profession for which
7application is made.
8(b) Notwithstanding any other provision of this code, a person
9shall not be denied a license solely
on the basis that he or she has
10been convicted of a felony if he or she has obtained a certificate
11of rehabilitation under Chapter 3.5 (commencing with Section
124852.01) of Title 6 of Part 3 of the Penal Code or that he or she
13has been convicted of a misdemeanor if he or she has met all
14applicable requirements of the criteria of rehabilitation developed
15by the board to evaluate the rehabilitation of a person when
16considering the denial of a license under subdivision (a) of Section
17482.
18(c) Notwithstanding any other provisions of this code, a person
19shall not be denied a license solely on the basis of a conviction
20that has been dismissed pursuant to Section 1203.4, 1203.4a, or
211203.41 of the Penal Code.begin insert An applicant who has a conviction
22that has been dismissed pursuant to
Section 1203.4, 1203.4a, or
231203.41 of the Penal Code shall provide proof of the dismissal.end insert
24(d) A board may deny a license regulated by this code on the
25ground that the applicant knowingly made a false statement of fact
26that is required to be revealed in the application for the license.
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