What can I do if I used to have a license, but lost it due to a criminal conviction?

If you previously had a professional license, your license may have been revoked (permanently taken away) or suspended (temporarily taken away) because of your criminal conviction.[2036] In this case, you generally have the right to ask the licensing board to reinstate (re-issue) your license to you, or to reduce your penalty and return your license sooner.[2037] To do this, you must first wait at least 1 year from the date your license was taken away, and then submit special forms (a petition) and other documents to the licensing board.[2038] Each licensing board may also have different or additional requirements, such as completing your term of probation or parole first, before you can ask for your license to be returned.[2039] (Note: Although you can apply to have your license reinstated while you are still incarcerated, you are unlikely to be successful if you apply while you’re still inside.)[2040]

The licensing board will give you a chance to present your reasons for why your license should be returned or reissued. This may be during a hearing, or by sending in a written statement. The Attorney General will also have a chance to argue for why your license should not be returned.[2041]

In order to get your license back, you will generally need to prove that you have been rehabilitated since your offense[2042]—particularly since you were released from prison or jail.[2043] This means showing that you have changed your life for the better, taken steps to improve yourself and correct previous bad habits, and successfully completed the requirements of your sentence. The board may also consider the nature and severity of the offense, how much time has passed since the conviction, whether the conviction has been dismissed, any other convictions on your record, and letters of recommendation or good character from people who know you.[2044]

  1. 2036

    Cal. Bus. & Prof. Code § 490. ↑

  2. 2037

    Cal. Gov’t Code § 11522. ↑

  3. 2038

    See, e.g., 16 Cal. Code Regs. § 1445.1 (petition for reinstatement of registered nursing license). ↑

  4. 2039

    See, e.g., Cal. Bus. & Prof. Code § 2661.7 (petition for reinstatement of physical therapy license); see also, e.g., 16 Cal. Code Regs. § 1399.372.5 (mandatory completion of law and professional ethics course prior to petition for reinstatement of respiratory care license). ↑

  5. 2040

    Cf. Cal. Bus. & Prof. Code § 480.5; In re Gossage, 23 Cal. 4th 1080, 1099 (2000) (in reinstatement proceeding, relevant time frame for assessing petitioner’s rehabilitation begins upon completion of parole; “little weight” should be given to petitioner’s good conduct while incarcerated). ↑

  6. 2041

    Cal. Gov’t Code § 11522. ↑

  7. 2042

    See, e.g., 16 Cal. Code Regs. § 1445.1(b) (petitioner bears burden of proving rehabilitation, according to specified criteria). ↑

  8. 2043

    In re Gossage, 23 Cal. 4th 1080, 1099 (2000). ↑

  9. 2044

    See, e.g., 16 Cal. Code Regs. §§ 1445 (criteria for rehabilitation for registered nursing license), 1399.372 (criteria for rehabilitation of respiratory care license). ↑