(1) When the Bureau is considering denying a license under Section 480 of the Business and Professions Code on the ground that the applicant has been convicted of a crime, the Bureau shall consider whether the applicant made a showing of rehabilitation, if the applicant has completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Bureau shall consider the following criteria:
(A) The nature and gravity of the crime(s);
(B) The length(s) of the applicable parole or probation period(s);
(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified;
(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation;
(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification;
(F) The effect of the passage of time since the most recent conviction or offense;
(G) Restitution to any person who has suffered monetary losses through “substantially related” acts or omissions of the applicant;
(H) Judicial relief from the consequences of criminal convictions resulting from immoral or antisocial acts including, but not limited to, Release from Probation (PC 1203.4), Certificate of Rehabilitation (PC 4852.01), finding of factual innocence (PC 841.8, 851.85), Diversion (completed), or other comparable orders of a court, including federal courts;
(I) Successful completion or early discharge from probation or parole;
(J) Abstinence from the use of controlled substances or alcohol for not less than two years if the crime or offense is attributable in part to the use of controlled substances or alcohol;
(K) Payment of any fine or other monetary penalty imposed in connection with a criminal conviction or quasi-criminal judgment;
(L) Stability of family life and fulfillment of parental and familial responsibilities subsequent to the conviction or offense;
(M) Completion of, or sustained enrollment in, formal education or vocational training courses for economic self-improvement;
(N) Discharge of, or bona fide efforts toward discharging, adjudicated debts or monetary obligations to others;
(O) Correction of business practices resulting in injury to others or with the potential to cause such injury;
(P) Significant or conscientious involvement in community, church or privately-sponsored programs designed to provide social benefits or to ameliorate social problems;
(Q) New and different social and business relationships from those which existed at the time of the crime or offense; and
(R) Change in attitude from that which existed at the time of the crime or offense as evidenced by any or all of the following:
(i) Testimony of applicant or licensed appraiser;
(ii) Evidence from family members, friends or other persons familiar with applicant's previous conduct and with his or her subsequent attitudes and behavioral patterns;
(iii) Evidence from probation or parole officers or law enforcement officials competent to testify as to applicant's social adjustments; or
(iv) Evidence from psychiatrists or other persons competent to testify with regard to psychiatric or emotional disturbances.
(2) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the bureau determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a)(1), or the denial is based on professional misconduct, the bureau shall apply the following criteria in evaluating an applicant's rehabilitation:
(A) The nature and gravity of the act(s), professional misconduct, or crimes(s) under consideration as grounds for denial;
(B) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial;
(C) The number of years that has elapsed since the commission of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial;
(D) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant;
(E) Evidence, if any, of rehabilitation submitted by the applicant; and
(F) The criteria in subdivision (a)(1)(A) through (R), as applicable.
(b) Suspension or revocation of a license
(1) When considering suspending or revoking a license, the Bureau, in evaluating the rehabilitation of a licensee, shall consider the following criteria:
(A) Nature and gravity of the act(s), professional misconduct, or crime(s);
(B) The number of years that has elapsed since commission of the act(s), professional misconduct, or crime(s) under consideration as grounds for suspension or revocation;
(C) Total history of act(s), professional misconduct, or crime(s);
(D) Whether the licensee has complied with all terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee;
(E) Evidence, if any, of rehabilitation submitted by the licensee;
(F) The criteria in subdivision (a)(1)(A) through (R), as applicable; and
(G) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
Credits
Note: Authority cited: Sections 482, 11313 and 11314, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493 and 11340, Business and Professions Code.
History
1. Renumbering and amendment of former section 3552 to new section 3723 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Change without regulatory effect amending subsection (a) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).
3. Repealer and new section and amendment of Note filed 11-19-2020; operative 11-19-2020 (Register 2020, No. 47). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
This database is current through 5/10/24 Register 2024, No. 19.
