Can a licensing board deny me a license based on my record?

The licensing board can deny your application for a license based on a criminal conviction, but ONLY if your conviction is “substantially related to the qualifications, functions, or duties of the business or profession.”[2023] This legal standard means that the type of conduct you were convicted for—for example, theft, selling drugs, violence, or fraud—creates a high risk of harm, or otherwise prevents you from safely completing the specific tasks and responsibilities of the job that you want a license for. For example, a conviction for drug distribution might be considered “substantially related” to a pharmacist license, since pharmacists have access to lots of drugs and are responsibility for safely providing drugs to other people.[2024]

PLEASE NOTE: Some crimes, such as those involving physical violence or fraud, dishonesty and deceit, are presumed to be “substantially related” to any profession regulated by the California Business & Profession Code (including medical, law, construction, and real estate licenses).[2025]

In addition to actual convictions, a licensing board is also allowed to consider “any act involving dishonesty, fraud, or deceit” that you have done “with the intent to substantially benefit” yourself or someone else, or “substantially injure another.” However, as with convictions, the act must also be “substantially related” to the qualifications, functions, or duties of the job.[2026]

Mitigating & Rehabilitative Evidence for Licensing Boards:

Even if the licensing board determines that your conviction is “substantially related” to the qualifications of your chosen profession, California law requires that the board also consider any evidence of rehabilitation or other positive factors that you present. Each licensing board must create its own criteria to evaluate your rehabilitation efforts.[2027]

Although each board is different, most focus on the following rehabilitative factors: the amount of time that has passed since your conviction; whether you successfully completed parole or probation; whether you have shown remorse; your change in attitude; alcohol or drug counseling;your pursuit of education or vocational training;the stability of your family life; and your community involvement.[2028]

In addition:

    If the state of California has given you a Certificate of Rehabilitation (see more on PG. 980), then a licensing board CANNOT deny you a professional license based solely on your conviction.
    For professions governed by the California Business & Professions Code, a licensing board also CANNOT deny you for (1) having a misdemeanor if you have met all of the board’s rehabilitative critera, or (2) for a felony that has been dismissed (“expunged”).[2029] (Many of the individual board’s rehabilitative criteria can be found in the California Code of Regulations.)

KNOW YOUR RIGHTSIf you prepared for your license while incarcerated…

Many people are able to learn new job skills or complete professional license requirements while incarcerated. In the past, licensing boards were allowed to delay or deny your license application just because you had completed the licensing requirements while incarcerated. But now, a new California law makes it illegal for a licensing board to delay or deny your license based solely on the fact that you completed some or all of the licensure requirements while incarcerated.[2030] If you otherwise qualify for the license, it no longer matters that you were incarcerated when you prepared for it.IMPORTANT: The new law does NOT change any other rules about whether you can get a license. A licensing board CAN still deny you a license based on your conviction, if they determine that the conviction is “substantially related” to the qualifications and duties of the job. Also, the law does NOT change any rules about when you can apply and whether you can apply while you’re still incarcerated.

  1. 2023

    Cal. Bus. & Prof. Code § 480; see also Hughes v. Bd. of Architectural Examiners, 17 Cal.4th 763, 788 (1998) (“It is axiomatic that the right of an individual to engage in any of the common occupations of life is among the several fundamental liberties protected by the due process and equal protection clauses of the Fourteenth Amendment. Therefore, for example, a statute constitutionally can prohibit an individual from practicing a lawful profession only for reasons related to his or her fitness or competence to practice that profession.").

  2. 2024

    Cal. Bus. & Prof. Code §§ 4301, 4311.

  3. 2025

    16 CCR § 868.

  4. 2026

    Cal. Bus. & Prof. Code § 480(a).

  5. 2027

    Cal. Bus. & Prof. Code § 482.

  6. 2028

    See 10 Cal. Code Regs. § 2911.

  7. 2029

    Cal. Bus. & Prof § 480(3)(b) and Cal. Bus & Prof § 480(3)(c).

  8. 2030

    Cal. Bus. & Prof. Code § 480.5. Important exception: This new law does NOT cover chiropractic licenses, so if you apply for a chiropractic license and completed some of the requirements while incarcerated, the Board of Chiropractic Examiners CAN delay or deny your application for this reason.