The effect of criminal convictions on California professional licenses
by Adam G. Slote on February 19, 2013
The Medical Board of California granted our Petition for Penalty Relief after an administrative hearing. Our client is a physician who accepted his original California Medical License with five years of probation because of a conviction for driving under the influence of alcohol as a medical resident. After two years of probation, we petitioned for early termination of the California medical license probation.
by Stephen M. Boreman on January 19, 2013
The California Medical Board issued physician and surgeon certificates (medical licenses) to three license applicants who were arrested in different states. Each of the doctors applying for a California medical license had a criminal case which resulted in deferred entry of judgment rather than conviction.
One was arrested for misdemeanor shoplifting on the East Coast. The case ended in "Adjournment in Contemplation of Dismissal." There was no guilty plea or conviction. The charges were later dismissed.
by Adam G. Slote on April 02, 2012
Our client is a medical doctor who was convicted of driving under the influence of alcohol in California. California physicians are required to report misdemeanor criminal convictions within 30 days. (See Business and Professions Code section 802.1.) We prepared a report letter disclosing the conviction and explaining the circumstances. Fortunately, the doctor's DUI was a first time offense and his or her blood alcohol level was close to the legal limit.
by Adam G. Slote on March 27, 2012
In 2012, the California Court of Appeal will decide whether the Board of Registered Nursing can order an RN to serve probation because of a single DUI conviction. This appeal comes after our second successful petition for writ of administrative mandate in San Francisco Superior Court.
by Adam G. Slote on September 05, 2011
Our client disclosed a common misdemeanor conviction on an application for a California real estate salesperson's license. The California Department of Real Estate (DRE) asked our client for detailed information surrounding the conviction. Unfortunately, the arrest involved conduct of a sexual nature that is not reflected in the conviction. The good news is that the event happened many years ago when our client was very young.
by Adam G. Slote on April 20, 2011
NOTE: The Medical Board no longer allows applicants to withdraw license applications to avoid a Statement of Issues (Updated June 29, 2017)
Medical license applicants in California may have the option to withdraw their applications before a final license denial. Here is how it works:
by Adam G. Slote on July 14, 2010
California Occupational Therapists (OTs) arrested for DUI can now expect investigation letters from the Board of Occupational Therapy (CBOT) within days of arrest. CBOT receives notice of the arrest from the California Department of Justice, which cross-references criminal records against professional licensing records. Occupational Therapists can expect a letter from the Board requesting a detailed description of the events that led to the arrest under penalty of perjury along with case information for the pending criminal case.
by Bo Links on June 16, 2010
If a teacher has a DUI conviction, can the state Commission on Teacher Credentialing (CTC) utilize a “per se” standard and conclude that the person is aromatically disqualified as a matter of law from teaching in California? The answer is no. In the case of Broney v. California Commission on Teacher Credentialing, the court rejected use of a “per se” rule.
by Stephen M. Boreman on June 14, 2010
An out-of-state applicant for a California medical license had a misdemeanor conviction for petty theft which occurred more than twenty years ago when the applicant was a teen-age undergraduate. At the time of conviction, a 3 month summary probation was imposed and the court as well as the applicant's attorney indicated that the matter would be expunged and need not be reported. This information, however, was erroneous and Business and Professions Code section 480(a)(1) was clearly applicable, making expunged criminal records reportable notwithstanding a motion to expunge under Penal Cod
by Adam G. Slote on March 23, 2010
A California registered nurse (R.N.) was convicted of alcohol-related reckless driving after being charged with driving under the influence of alcohol (DUI). The conviction was a first-time offense, and there was no evidence of alcohol abuse or dependence.
Nevertheless, the Board of Registered Nursing demanded that the nurse submit to a psychological evaluation, physical evaluation, random urine tests, and substance abuse rehabilitation. Since there was no evidence of any alcohol problem, we believed that the conditions demanded by the Board were unreasonable.