California Professional License Defense Attorney
“Professional License Consequences to Criminal Convictions”
California requires professional licenses or business licenses for numerous occupations. Examples of individuals required to possess professional licenses include Contractors, Child Care Providers, Doctors, Dentists, Nurses and Pharmacists. Criminal convictions often trigger discipline imposed by the various licensing boards in the State of California. Discipline can range from a private reprimand to revocation of the professional license.
Some licensing boards have mandatory reporting requirements. This means that when an individual is convicted of a criminal offense, he or she must disclose the conviction in writing. Other agencies require notification upon arrest. There are even agencies that do not require disclosure of a conviction until license renewal. Failure to disclose a conviction, no matter how minor, is grounds for administrative action.
Upon the entry of a criminal conviction, the licensing board may commence an investigation to determine whether the conduct warrants the filing of an Administrative Accusation. Sometimes, the licensing board may send a request for information after an arrest, but prior to the entry of a criminal conviction. Failure to respond to the request for information is grounds for discipline of a professional license. The Attorney General’s Office prosecutes administrative violations against professional licensees before the California Office of Administrative Hearings. The document that lists the charges against a professional license holder is called an Accusation.
In order for a licensed professional to be administratively prosecuted resulting from a criminal conviction, the licensed professional must have been convicted of a Crime Involving Moral Turpitude or convicted of a criminal offense that is substantially related to the qualifications, functions or duties of a licensee in that respective occupation. Failing to disclose a criminal conviction, or misrepresenting a criminal conviction, are both grounds for additional discipline against a professional license.
Licensing agencies throughout the State of California are now administratively prosecuting matters that have either been rejected or dismissed by criminal courts. The burden of proof in the administrative law system before the California Office of Administrative Hearings is much lower than what the District Attorney is required to prove in criminal court. If a violation is found and the licensing board prevails, the licensee is almost always responsible for the cost of the investigation and prosecution of their license.
If you are facing a professional license defense matter, contact California Professional License Defense attorney Seth Weinstein at (310) 707-7131.
We represent California professional licensees in applying for and defending California professional licenses in Alameda, Bakersfield, Beverly Hills, Chico, Concord, Contra Costa County, Cupertino, Davis, El Centro, Escondido, Eureka, Fontana, Fremont, Fresno, Hanford, Hayward, Hemet, Hollywood, Humboldt County, Imperial County, Indio, Kern County, Lancaster, Long Beach, Los Angeles, Madera, Marin County, Mendocino, Merced, Modesto, Monterey, Mountain View, Murrieta, Napa, Oakland, Oceanside, Ontario, Orange County, Oxnard, Palm Springs, Palmdale, Palo Alto, Paso Robles, Perris, Placerville, Rancho Cucamonga, Redding, Richmond, Riverside, Roseville, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Joaquin County, San Jose, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara County, Santa Clarita, Santa Cruz, Santa Maria, Santa Monica, Santa Rosa, Simi Valley, Stockton, Sunnyvale, Temecula, Thousand Oaks, Tracy, Truckee, Tulare, Turlock, Vacaville, Vallejo, Ventura County, Victorville, Visalia, Vista, Walnut Creek, West Hollywood, and Yuba City.