Applicant With a Criminal History
Can someone with a criminal conviction apply for licensure?
Yes, an applicant with a criminal conviction is permitted to apply for licensure, and to take the licensure examination if they meet all of the education and experience requirements. The final determination on the application with a criminal conviction is made only after the applicant takes and passes the licensure examination. By permitting an applicant to take the licensing examination, the Board does not waive its right to deny licensure based on convictions once an applicant passes the exam.
The Board evaluates the official criminal records and supporting information to determine whether a license application should be granted or denied. If the Board denies licensure, a Statement of Reasons (Denial Notice) is mailed to the applicant informing them of the right to request a hearing within 60 days from the date of the Denial Notice.
If a hearing is requested by the applicant, the application and supporting documentation are transmitted to the Attorney General’s Office and a Statement of Issues document is prepared. The Statement of Issues is mailed to the applicant at their address of record, and a formal administrative hearing is then scheduled before an Administrative Law Judge.
After the administrative hearing, the Administrative Law Judge who presided at the hearing will prepare and submit a proposed decision to the Board for consideration. The Board may accept or reject the proposed decision of the Administrative Law Judge. The final decision on the application rests with the Board and not with the Administrative Law Judge.
Can you tell me in advance if my application will be approved or not?
No, unfortunately, we do not tell people if they will be approved or not, as each decision is based on the specific facts and circumstances of the case.
Applicants may review the following legal provisions to see if the facts and circumstances of the criminal conviction may warrant denial of the application:
- 16 California Code of Regulations § 2521. Substantial Relationship Criteria (VN)
- 16 California Code of Regulations § 2522. Rehabilitation Criteria (VN)
- 16 California Code of Regulations § 2578. Substantial Relationship Criteria (PT)
- 16 California Code of Regulations § 2579. Rehabilitation Criteria (PT)
- Assembly Bill No. 2138 (Chiu 2018). Licensing boards: denial of application: revocation or suspension of licensure: criminal conviction
- Serious Felonies: Penal Code §1192.7, subd. (c)
- Vocational Nursing – Title 16, California Code of Regulations
- Psychiatric Technician – Title 16, California Code of Regulations