Can I apply for a license while I’m still incarcerated?

It depends. Each licensing board has different rules. Some require you to wait a certain amount of time after your conviction or release before you can be eligible.[2031] Most boards will also consider the amount of time that has passed since your conviction, and may give more weight to time after you were released or once you were off supervision.[2032] For this reason, even if you are not required to wait, you may be more successful after release.’

Helpful hintSpecial program for getting your cosmetology license while incarcerated

If you are incarcerated at Valley State Prison, California Women’s Institute, or Central California Women’s Facility (Chowchilla), there is a special program that can help you to get your cosmetology license while you’re incarcerated. You can complete your training school AND take the licensing examination in these facilities—meaning it is possible to already have your license in hand by the time you’re released.IMPORTANT: This program does NOT stop the licensing board from considering your criminal conviction, and does NOT change any of the other qualifications to get your license. In other words, the licensing board can still deny you a license if the board decides that your conviction is substantially related to the duties and responsibilities of a cosmetologist.

  1. 2031

    See, e.g., 10 Cal. Code Regs. § 2911(a) (Department of Real Estate rehabilitation criteria requires “[t]he passage of not less than two years since the most recent criminal conviction or act of the applicant that is a basis to deny the departmental action sought. (A longer period will be required if there is a history of acts or conduct substantially related to the qualifications, functions or duties of a licensee of the department.). ↑

  2. 2032

    See Donley v. Davis, 180 Cal. App. 4th 447, 467, 469 (2009) (upholding licensing board determination that there was “not sufficient evidence of rehabilitation” where the applicant’s conviction was “relatively recent and he [had] just finished probation”). ↑