Bill Text: CA AB2396 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 2396 (Prior Session Legislation)

Bill Title: Convictions: expungement: licenses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 737, Statutes of 2014. [AB2396 Detail]

Download: California-2013-AB2396-Chaptered.html

BILL NUMBER: AB 2396	CHAPTERED
	BILL TEXT

	CHAPTER  737
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2014
	PASSED THE SENATE  AUGUST 21, 2014
	PASSED THE ASSEMBLY  AUGUST 26, 2014
	AMENDED IN SENATE  AUGUST 19, 2014
	AMENDED IN ASSEMBLY  MAY 15, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Bonta
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 21, 2014

   An act to amend Section 480 of the Business and Professions Code,
relating to expungement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2396, Bonta. Convictions: expungement: licenses.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law authorizes a board to deny, suspend, or revoke
a license on various grounds, including, but not limited to,
conviction of a crime if the crime is substantially related to the
qualifications, functions, or duties of the business or profession
for which the license was issued. Existing law prohibits a board from
denying a license on the ground that the applicant has committed a
crime if the applicant shows that he or she obtained a certificate of
rehabilitation in the case of a felony, or that he or she has met
all applicable requirements of the criteria of rehabilitation
developed by the board, as specified, in the case of a misdemeanor.
   Existing law permits a defendant to withdraw his or her plea of
guilty or plea of nolo contendere and enter a plea of not guilty in
any case in which a defendant has fulfilled the conditions of
probation for the entire period of probation, or has been discharged
prior to the termination of the period of probation, or has been
convicted of a misdemeanor and not granted probation and has fully
complied with and performed the sentence of the court, or has been
sentenced to a county jail for a felony, or in any other case in
which a court, in its discretion and the interests of justice,
determines that a defendant should be granted this or other specified
relief and requires the defendant to be released from all penalties
and disabilities resulting from the offense of which he or she has
been convicted.
   This bill would prohibit a board within the Department of Consumer
Affairs from denying a license based solely on a conviction that has
been dismissed pursuant to the above provisions. The bill would
require an applicant who has a conviction that has been dismissed
pursuant to the above provisions to provide proof of the dismissal.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 480 of the Business and Professions Code is
amended to read:
   480.  (a) A board may deny a license regulated by this code on the
grounds that the applicant has one of the following:
   (1) Been convicted of a crime. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action that a board is
permitted to take following the establishment of a conviction may be
taken when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under the provisions of Section 1203.4,
1203.4a, or 1203.41 of the Penal Code.
   (2) Done any act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself or herself or another, or
substantially injure another.
   (3) (A) Done any act that if done by a licentiate of the business
or profession in question, would be grounds for suspension or
revocation of license.
   (B) The board may deny a license pursuant to this subdivision only
if the crime or act is substantially related to the qualifications,
functions, or duties of the business or profession for which
application is made.
   (b) Notwithstanding any other provision of this code, a person
shall not be denied a license solely on the basis that he or she has
been convicted of a felony if he or she has obtained a certificate of
rehabilitation under Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3 of the Penal Code or that he or she has been
convicted of a misdemeanor if he or she has met all applicable
requirements of the criteria of rehabilitation developed by the board
to evaluate the rehabilitation of a person when considering the
denial of a license under subdivision (a) of Section 482.
   (c) Notwithstanding any other provisions of this code, a person
shall not be denied a license solely on the basis of a conviction
that has been dismissed pursuant to Section 1203.4, 1203.4a, or
1203.41 of the Penal Code. An applicant who has a conviction that has
been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of
the Penal Code shall provide proof of the dismissal.
   (d) A board may deny a license regulated by this code on the
ground that the applicant knowingly made a false statement of fact
that is required to be revealed in the application for the license.