Your professional license is far more than a piece of paper. In California, it represents years of hard work, rigorous study, and the trust placed in you by the public. However, what happens when a criminal charge shakes that foundation?

Many people mistakenly believe that only serious felonies can affect a professional license. In reality, a DUI, a misdemeanor theft, or even an arrest that later results in a plea or conviction can trigger an entirely separate administrative investigation by your licensing board. This occurs independently of the criminal court process, and the resulting administrative consequences, ranging from probation to public reprimand, suspension, or even immediate license revocation, can end a professional career.

The information below addresses the short-term and long-term disciplinary risks, what the boards of California find to be substantially related misconduct, and the necessary steps you should take to ensure that you retain the professional credential that you have so diligently strived to achieve.

The Substantially Related Standard

Although a criminal conviction of any type will be a starting point to a licensing board investigation, this does not necessarily mean a suspension or revocation of your license. The disciplinary action in California is based on a critical legal rule, the substantially related standard, which offers an important defense mechanism for professionals.

The California Business and Professions Code (BPC) (480, 481, and 490) states that a board can take action against your license only when the crime that was committed is significantly linked to the qualifications, functions, or duties of the business or profession for which a license was issued. This creates a required nexus, or connection, between the criminal conduct and the responsibilities of the licensed profession.

Simply put, the board should demonstrate that you have acted in a way to show that you are not fit to practice or have the potential to act in a way that would indicate that you are unfit to practice.

The idea of a nexus is very much profession-specific. For example, a conviction for Driving Under the Influence (DUI) has significant relevance to the practices of nursing, medicine, and piloting, wherein sobriety and judgment are vital in safeguarding the general public. On the contrary, a conviction for a DUI may not be viewed as substantially connected to professions like architecture or graphic design, provided the incident did not occur during employment and had no direct impact on the individual's actual job duties. Title 16 of the California Code of Regulations requires boards to consider three primary factors:

  • The nature and severity of the offense
  • The time elapsed since it occurred
  • The nature and duties of the profession

Nevertheless, some crimes are deemed to be inherently harmful, undermining the trust in the community and the professionalism. They are grouped under the umbrella of Crimes Involving Moral Turpitude (CIMTs). These crimes, including those involving fraud, theft, embezzlement, violent attack, or perjury, are almost always considered substantially related to any licensed field. CIMTs fundamentally signify dishonesty, baseness, or depravity that the state possesses, which is incompatible with the trust granted to a licensed professional. Therefore, the possibility of license revocation is very high.

Why Failing to Disclose a Conviction Can Cost Your California Professional License

Failure to report the underlying criminal charge to the licensing board is the most frequently occurring cause that leads to professionals being revoked or severely disciplined.

Although the reporting requirements for an arrest vary by profession and are typically not required until the time of renewal, nearly all California professional boards require immediate self-reporting of any criminal conviction, regardless of whether it is a misdemeanor or a felony. This includes the guilty or nolo contendere (no contest) pleas. In most instances, boards have a standard requirement to report within 30 days of the conviction date. Failure to comply with this deadline will be treated as another instance of dishonesty, which is virtually always a crime involving moral turpitude (CIMT). It could lead to loss of license, no matter how minor the underlying crime was or how the acts were not materially related to your work.

Moreover, professionals do not often have the luxury of waiting until they are caught. California’s Live Scan system automatically notifies the licensing board of any new arrest associated with your fingerprints. After you are licensed, your fingerprints are recorded with the Department of Justice (DOJ). The system is designed to send you further notifications regarding arrest to your specific licensing board (the board whose Applicant Tracking Identifier, or ATI, number was assigned during your initial application). Simply, the board is usually automatically informed of a new arrest, which enables them to commence an investigation many months before you are found guilty or self-report.

Effects on Individual High-Risk Occupations

The substantially related definition is exceptionally dependent on the work of the profession and the level of trust that society places in it. While the "moral turpitude" category (fraud, theft) applies across the board, certain professions are disproportionately targeted in crimes that compromise their unique mandates and responsibilities.

The boards specifically target the high-risk conduct in California in the following way:

  • Nurses ( BRN/LVN) — The Board of Registered Nursing (BRN) or Vocational Nursing will consider and take action quickly and severely on the offense of driving under the influence (DUI) and medication-related crimes, including simple possession and simple theft of a drug. Because of the direct effect on patient safety, judgment, and access to controlled substances, a DUI is typically considered unprofessional conduct and is significantly connected to the nursing practice.
  • Real estate professionals (DRE) — The Department of Real Estate (DRE) pays much attention to fraud, theft, embezzlement, and forgery. Given that the central role of a real estate agent involves a fiduciary duty and significant financial dealings, any conviction proving a lack of honesty will likely be closely related. This will result in the suspension or revocation of the license.
  • Contractors (CSLB) — Contractors State License Board (CSLB) investigates crimes that threaten the well-being of the people or indicate financial unreliability. This involves financial felonies touching on contracting, fraud, and offenses of physical violence (because of the need to work safely in homes and on job sites). Although a DUI is investigated, the most significant risk of disciplinary action is fraud and violent crimes.
  • Teachers (CTC) — The Commission on Teacher Credentialing (CTC) operates with a zero-tolerance policy regarding certain types of crime due to the potential exposure of students. State law requires the denial or termination of credentialing in the area of sex offence convictions (Ed.). Code § 44010), narcotics offenses (Ed. Code 44011), and serious or violent felonies (Ed.). Code § 44830.1). Several DUIs may also cause suspension by proving an alcohol dependency, which interferes with the ability to teach.

How AB 2138, the Fair Chance Act, Protects You

Although the prospect of license suspension or termination can be intimidating, new California laws have introduced substantial protective measures for applicants and current license holders, particularly those related to the elderly or minor offenses. The Fair Chance Act, or Assembly Bill 2138 (effective July 2020), has fundamentally altered the application process for most licensing boards under the Department of Consumer Affairs (DCA) by considering criminal records. However, this does not mean that the use of criminal records is no longer permitted.

For new license applications, boards may not grant the license based on a conviction that occurred more than seven years prior to the date of application or more than seven years after the applicant's release from incarceration. This time-limit restriction provides professionals with an opportunity to return to the workforce after a reasonable period of good behavior.

The exception does not apply to convictions of:

  • Serious felonies (by the definition of Penal Code 1192.7)
  • Offenses that require Tier 2 or Tier 3 registration as a sex offender (Penal Code § 290).
  • Felony financial crimes if seeking licensure with specific fiduciary boards like real estate, accountancy, or private investigators

The Ban on Using Dismissed Cases

AB 2138 provides significant protection for cases that were settled out of court. The licensing boards may not refuse a license based on an applicant’s:

  • Arrests without a conviction
  • Criminal convictions that have been expunged or judicially dismissed, for example, under Penal Code 1203.4
  • Infractions, citations, or juvenile court cases

Mandatory Consideration of Rehabilitation

The board is under a legal obligation to consider a lookback period and any conviction that is substantially related to the matter at hand. It must also take into account evidence of rehabilitation. This gives you, the applicant or licensee, the capability to provide proof that you have atoned for your actions and are now a person of good character, enabling you to conduct your professional duties safely and competently. Some of the evidence typically involved includes:

  • The satisfactory completion of parole or probation
  • Verifiable community service, education, or therapy
  • A good employment record following the conviction

The Disciplinary Process

The path from a trigger event, like a criminal conviction, to a final disciplinary decision clearly follows the California Administrative Procedure Act (APA). It sets a framework of the law, which is based on due process.

The Preliminary Inquiry

This procedure begins as soon as a licensing board, typically the Division of Investigation (DOI) of the Department of Consumer Affairs, is notified of an incident or complaint. In this initial investigation, the DOI investigators serve as fact-finders, collecting evidence, interviewing witnesses, and compiling a detailed report of the alleged misconduct.

The initial and most crucial defence step for the professional is to refuse to speak to any investigator without an administrative defence attorney experienced in this field present by your side. The investigator's goal is to develop a case for the state. Any kind of statement that is not thought through may end up as a confession that proves the accusations.

Formal Charges

After the investigation is complete, and the Deputy Attorney General determines that there is sufficient evidence of a violation, the case proceeds to formal charges. The issuance of the charge characterizes the stage. It can be either:

  • An accusation that involves a filing against an existing licensee and aims to either suspend or revoke their practice privileges, or
  • A statement of Issues that concerns an applicant whose license application is to be denied by the board.

Receiving this document will be the most significant deadline of the entire process. You, the respondent, will have only 15 days to submit a Notice of Defence and officially request a hearing. Failure to make this request within the brief period results in a "Default Decision," which means the license will be lost by default or the application will be refused without a court review.

Settlement Negotiation

Submission of the Notice of Defense is a crucial step in establishing the Office of Administrative Hearings’ (OAH) jurisdiction, which then shifts the emphasis to Settlement Negotiation. This stage is critical as it provides a way out before the expenses and dangers of a trial. The licensee has the option of seeking a stipulated settlement through negotiations with the Deputy Attorney General, which is a formalized agreement similar to a plea bargain.

As the licensee, you agree to a lower and predetermined form of discipline in lieu of your right to a full hearing, including, most often, probation with certain and career-affecting conditions, like education or compulsory testing. An agreed-upon stipulated settlement is the most preferred action, which gives certainty, prevents the possibility of a complete revocation, and specifies the specific conditions of returning to practice.

The Final Decision and Administrative Hearing

There can, however, be a failure in negotiations, or the accusations may be too harsh to justify a compromise situation. If so, the case proceeds to the formal administrative hearing. This trial-like hearing is conducted before an administrative law judge (ALJ) in one of the OAH offices. During the hearing, the state must prove the allegations by the standard of clear and convincing evidence. Each party is allowed to produce evidence, question and cross-examine witnesses, and present their closing arguments.

After the hearing, the ALJ then makes a proposed decision, which is only a recommendation. The licensing board has final decision-making authority, which includes the ability to either:

  • Accept the ALJ's recommendation as is
  • To amend the penalty (usually imposing more severe discipline)
  • To dismiss the decision altogether and issue its own final order

This terminates the administrative process.

Mitigation and Rehabilitation: How to Save Your License

The defense strategy aimed at saving a professional license begins far before the administrative hearing. It begins in the criminal court. Any plea bargaining that lowers the conviction to a reduced charge, like wet reckless, rather than full DUI, or a non-theft-based misdemeanor rather than a felony, undermines the case of the board immediately. The professionals reduce the severity and relevance of the criminal charge, which lays the foundation of a substantially related nexus on which the state must prove its case, and, as a result, the deputy attorney general tends to bring less serious charges or expand more fruitful early negotiations.

On this mitigation, the licensee should be proactive in creating an appealing rehabilitation narrative. This establishes a documented record of rehabilitation, which binds the board legally to look at the current character and fitness of the professional to practice. Collect paperwork such as:

  • Recent positive employment reviews
  • Certified certificates of completion of treatment or counselling programs
  • Well-written, notarized letters of character reference from coworkers and managers

This proactive collection demonstrates that there has been responsibility, remorse, and active effort in sobriety or ethical practice long before the board actually requests the information.

After all, the point of having an effective defense is to avoid outright revocation and instead obtain a probationary license. The negotiated result allows the licensee to practice under strict supervision for a specified period, typically three to five years. The conditions often consist of:

  • Random, observed drug and alcohol testing
  • Mandatory professional monitoring
  • Quarterly reports
  • Participation in remedial education

While restrictive, accepting probation successfully maintains the professional’s active license status. This helps you avoid career-ending revocation and dictates a clear path for eventual, complete, and unrestricted reinstatement.

Find a Professional License Defense Attorney Near Me

The impact of a criminal charge in the state of California is a real and serious danger to your professional license, regardless of your field. The important lesson here is that the offenses considered by state licensing boards as substantially related to your profession are perceived as disciplinary measures, which can vary in the form of a public reprimand, license suspension or revocation. Even an arrest, a misdemeanor, or an otherwise minor conviction like a DUI can lead to a disastrous administrative inquiry.

When facing a criminal case that poses a threat to your livelihood, you require both criminal defense and administrative license defense. The Legal Guardian provides dedicated and strategic representation to defend your rights in court and to challenge license revocation before the board. Secure your professional future by contacting us at 866-448-6811 to schedule a confidential consultation. Our Long Beach attorneys are ready to help you navigate the legal complexities.