Criminal Records And Licensing
In California, nearly 30% of all jobs require a license issued by a state agency or board. A licensing agency or board can deny, suspend or revoke a license if an applicant, or license holder, has been convicted of a crime. Certain licensing agencies or boards can deny individuals the ability to work for businesses licensed by those agencies or boards.
For over a decade, our firm’s top attorney, Martin Winfield, worked as a licensing attorney representing the state of California in disciplinary investigations, hearings and other administrative actions. This experience gives him the unique point of view needed to adequately defend clients in licensing actions that threaten to revoke or discipline their professional license.
Licensing Laws And The Impact of AB 2138
California’s approach to licensing was significantly altered in 2018 when Gov. Jerry Brown signed Assembly Bill 2138 (AB 2138) into law. The law sets limits on the revocation or denial of state licenses based on an individual’s criminal record. Now, for a license to be denied or revoked, the following must be true:
- The crime in question had to have occurred within the last seven years.
- The crime has to be substantially related to the type of license under review.
It is important to note, however, that individuals who have been convicted of serious felonies may still be at risk of license revocation, regardless of whether the criteria of the two-part test mentioned above are met.
Ready To Defend Your License
Most denials based on a criminal conviction or arrest can be appealed and the individual can request a hearing. At most of these hearings, the agency or board will have an attorney representing them fighting to prove that that the individual should not hold a license, work and/or be present in the business. In certain cases, losing at the hearing can result in the individual being excluded for life from working at certain types of businesses. Therefore, it is extremely important that when faced with a denial or exclusion based on convictions or arrests you obtain a competent attorney who is familiar with this area of law.
When you contact Winfield Law, we will listen to your situation; allow ample time for you to ask questions; and then provide suggestions on how to best handle your case, including a no-obligation quote for the legal services.
Protect Your License With A Single Phone Call
Contact us today for a prompt, free phone consultation by calling 310-935-1058. You can also call or email us to schedule a confidential in-person meeting with an experienced attorney at our office in Los Angeles.