Obtaining or maintaining a professional license can be a significant hurdle for individuals with a criminal record. Whether you are a nurse, real estate agent, lawyer, or other licensed professional, a conviction can present serious challenges when seeking employment or maintaining your credentials. Fortunately, California law allows for expungement, which can minimize the impact of a conviction on professional licensing. However, expungement does not guarantee the elimination of all consequences when applying for or renewing a professional license. This article will explore how expungement interacts with various licensing boards, the legal process, and important factors to consider if you are navigating both expungement and professional licensing.

What is Expungement?

Expungement, governed by California Penal Code § 1203.4, allows an individual to withdraw their plea of guilty or no contest or to have their conviction vacated if found guilty at trial, and to have the case dismissed. While expungement removes the conviction from public records, it does not fully erase it. Certain entities, particularly government agencies and professional licensing boards, can still access expunged convictions. Nevertheless, expungement is a crucial step in restoring one’s professional and personal reputation, allowing individuals to truthfully state that they have not been convicted of a crime in most situations.

The Role of Professional Licensing Boards

Each professional licensing board in California operates under its own set of regulations when determining whether to grant or renew licenses. While expungement may help your case, it does not guarantee that a conviction, even if expunged, will be ignored by a licensing board. Many boards will still require disclosure of expunged convictions during the application process. Below is an overview of how some key professional licensing boards handle expunged records:

1. California Board of Registered Nursing (BRN): The BRN requires applicants and licensees to disclose all convictions, even those that have been expunged. However, an expunged conviction may demonstrate rehabilitation and improve your chances of obtaining or renewing a nursing license.
2. California State Bar: Lawyers and aspiring lawyers must disclose all past convictions, including expunged ones, during the character and fitness evaluation. An expunged conviction can still be considered, but it may weigh less heavily in the evaluation.
3. California Department of Real Estate (DRE): Real estate agents must disclose all convictions, including expunged ones, when applying for a license or renewal. The DRE will consider the nature of the crime and whether the applicant has demonstrated rehabilitation.
4. Medical Board of California: Physicians and surgeons must disclose expunged convictions during the application process. The board evaluates the severity of the crime, time since the conviction, and evidence of rehabilitation before making a licensing decision.
5. California Contractors State License Board (CSLB): Contractors are required to disclose expunged convictions, which may be considered in determining eligibility for licensure. Expungement can show evidence of rehabilitation, potentially favoring the applicant.

While each board takes its own approach, expungement generally improves your chances by demonstrating that you have taken steps toward rehabilitation. However, it is crucial to be transparent and forthcoming when disclosing expunged convictions, as failure to disclose can result in denial, suspension, or revocation of your license.

How Expungement Can Help with Professional Licensing

1. Demonstrates Rehabilitation: When applying for or renewing a professional license, expungement shows that you have completed probation, met all court-ordered requirements, and taken steps to move past your conviction. Licensing boards often look for evidence of rehabilitation, and expungement can provide this validation.
2. Improves Perception: Licensing boards are concerned with the reputation and trustworthiness of individuals they license. An expunged conviction is far less damaging to your professional image than an active criminal conviction.
3. Legal Protection: In some instances, private employers may be restricted from considering expunged convictions when making hiring decisions. While this does not always apply to licensing boards, having a record expunged may still reduce the negative impact of a conviction on your career.
4. Reduces Penalties for Future Issues: If you have an expunged record and are applying for a professional license, the fact that the conviction is expunged may reduce the severity of any disciplinary actions taken by a licensing board.

Disclosures and Honesty

One of the most critical factors in applying for a professional license after expungement is being honest in your disclosures. Most licensing boards require full disclosure of expunged convictions, and failure to do so can result in severe penalties, including denial of your application or revocation of your license. Transparency is key. When disclosing expunged convictions, it is essential to demonstrate how you have rehabilitated and provide evidence that shows your commitment to professional and ethical standards.

Common Licensing Professions Affected by Expunged Records

Expungement can impact various professional fields, including but not limited to:

• Nursing and Healthcare: Doctors, nurses, pharmacists, and other healthcare professionals often face strict scrutiny when applying for or renewing licenses. Expungement can demonstrate rehabilitation and reduce the risk of license denial or revocation.
• Law and Legal Services: Attorneys must disclose expunged convictions to the California State Bar. While an expungement can help, it does not eliminate the requirement for disclosure during the moral character assessment.
• Real Estate: Real estate agents and brokers must disclose all convictions, including expunged ones, when applying for a license. An expunged conviction can improve your chances of approval, but the nature of the crime and steps toward rehabilitation are heavily considered.
• Education: Teachers and other education professionals must disclose expunged convictions when applying for credentials. The California Commission on Teacher Credentialing will review the conviction, but an expungement can demonstrate a commitment to rehabilitation.
• Contractors: Licensed contractors must disclose expunged convictions to the CSLB. As with other professions, an expungement helps show rehabilitation and may mitigate the consequences of a criminal conviction.

Factors Licensing Boards Consider

Even with an expunged record, professional licensing boards consider several factors when evaluating whether to grant or renew a license:

• Nature of the Offense: Violent crimes, sex offenses, and financial crimes may still weigh heavily against you, even if expunged.
• Time Since the Conviction: Licensing boards may take into account how much time has passed since the conviction. The longer the time period and the cleaner your record since the conviction, the better your chances.
• Evidence of Rehabilitation: Licensing boards look for actions that demonstrate rehabilitation, such as completing probation, participating in treatment programs, or engaging in volunteer work. Expungement itself is evidence of rehabilitation, but supporting documentation or testimonials can further strengthen your case.
• Relevance to the Profession: Boards will assess whether the nature of your conviction is relevant to the duties of the profession. For example, crimes involving dishonesty may be problematic for financial or legal professions, while drug-related offenses may impact healthcare workers.

Legal Citations for Expungement and Licensing

Several statutes and regulations govern the intersection of expungement and professional licensing, including:

• California Penal Code § 1203.4: Governs the expungement process, allowing individuals to withdraw their plea and dismiss the conviction after completing probation.
• Business and Professions Code § 480: Provides licensing boards with the authority to deny or revoke licenses for crimes that are substantially related to the qualifications, functions, or duties of the profession.
• California State Bar Rule 4.40: Requires applicants to disclose expunged convictions during the moral character determination process.
• California Health & Safety Code § 11361.5: Pertains to expunging drug-related offenses, including marijuana convictions, which can impact professional licensing for healthcare workers.

Conclusion

Expungement can be an essential step toward securing or maintaining a professional license in California, but it is not a guaranteed fix. Most professional licensing boards still require disclosure of expunged convictions, and they carefully evaluate whether the expungement demonstrates sufficient rehabilitation. Working with an experienced attorney can increase your chances of successfully navigating the expungement process and obtaining or retaining your professional license.

Citations

• California Penal Code § 1203.4
• Business and Professions Code § 480
• California State Bar Rule 4.40
• California Health & Safety Code § 11361.5