Many California residents need to have a professional license issued by a state agency or board for their employment. A person who has a professional license has worked hard to obtain that license and have invested tremendous time and resources to practice in their professions. If a person is facing an investigation into their criminal background or is applying for a professional license, they should understand how a criminal record can affect a license.
Assembly Bill 2138
Assembly Bill 2138, which went into effect on July 1, 2020, specifies how a professional license board approaches a person’s criminal background record. The bill essentially stops a board from making a denial based solely on the basis of a criminal record. A licensing board cannot use a criminal background that doesn’t have a conviction. It must also consider whether a person has gone through rehabilitation. The board can still deny if the conviction was in the past 7 years and is substantially related to the type of license under review.
Defend a professional license
A criminal record does not mean a person will automatically be denied or lose their professional license. An attorney who specializes in administrative law can help their client understand their options. Most denials based on a criminal conviction or arrest can be appealed and a hearing can be requested. An attorney can help their client with this hearing and make sure their interests are protected. A denial at the hearing can mean a person is excluded for life from working at certain businesses so it is critical that they are well-prepared for the hearing.
When a person has to face a government entity, an attorney can be their advocate for protecting their professional license and future. An attorney has the specific knowledge necessary to defend their client in licensing actions that threatened to revoke or discipline their professional license.