The state of California requires licenses for many professions, including medicine, real estate, law, education, entertainment, community care and many other practices. Without a professional license in many areas of employment, individuals cannot practice legally in their chosen field. In California, licenses that have been issued by an agency or board are mandatory for nearly 30% of all employment opportunities.
California’s Employment Development Department (EDD) conducts occupational surveys in order to make determinations of what occupations will require a license or certificate. There are numerous agencies that oversee the licensing requirements for approximately 300 occupations. Some of these include DSS, DRE, BCC, DOI, DHCS, DDS and DMV. In addition to requiring a high number of licensing exams, licensing involves lengthy education and experience requirements as well as costly fees.
When questions arise from the agency’s licensing board about a criminal record, misconduct claims or ethics violations, individuals can face licensure application denial, license revocation or disciplinary actions or citations.
How AB2138 changed licensing laws
In 2018, Governor Jerry Brown signed Assembly Bill 2138 into law. This new law set limits on the revocation or denial of a state license based on the applicant or licensee’s prior criminal record. In order for a licensing board to deny or revoke a license, the crime must have occurred in the last seven years and must be related to the type of license under review.
Defending your license
An individual whose license has been denied due to a criminal conviction or arrest can appeal the decision by requesting a hearing before the licensing agency or board. At this hearing, the administrative body will be represented by an attorney who will work to prove that the license should be revoked and that the individual should no longer be able to work in that profession.
Without legal representation, the individual may have an upward battle fighting against license revocation and possibly being barred from working in the state. The attorneys at Winfield Law specialize in administrative law conflicts and licensing matters, especially in the fields related to real estate, insurance, social services and automotive repairs, and can help you to obtain and defend your professional license.