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GUIDE · PROFESSIONAL LICENSES

The criminal case is one problem.
Your license is another.

For nurses, contractors, real estate agents, and other licensed professionals, an arrest triggers a second proceeding with its own deadlines — and its own consequences.

Two proceedings, different rules

The board does not wait for the court.

Licensing agencies can investigate and act on an arrest, a plea, or a conviction. A dismissal in criminal court does not automatically end a board case, and board discipline can follow conduct that was never charged at all.

The burden of proof is lower.

Discipline is generally decided by clear and convincing evidence — or by a preponderance for some agencies — not beyond a reasonable doubt. Facts that would not sustain a conviction can sustain a suspension.

Self-reporting deadlines are short and unforgiving.

Most licensees must report a conviction — and in some professions an arrest or the filing of charges — within days. Failing to report is frequently charged as its own violation, and it is the one the board takes personally.

Defending the license with the case

The plea decides the board case.

How a criminal charge is worded, what factual basis is stated, and whether it is reduced or diverted determines what the board can later prove. A plea negotiated without the license in mind can cost far more than the sentence.

Rehabilitation evidence is built, not asserted.

Boards weigh defined rehabilitation criteria: time elapsed, restitution, treatment, references, and candor. Assembling that record early changes the offer.

Probationary terms are negotiable.

Most board matters resolve by stipulated settlement — practice restrictions, monitoring, or probation instead of revocation. Reinstatement is also available after revocation for most licenses.

THE AUTHORITY

The framework governing California professional discipline after a criminal case.

Bus. & Prof. Code § 490
A board may discipline a licensee for a conviction substantially related to the qualifications, functions, or duties of the licensed activity.
Bus. & Prof. Code § 480
Grounds for denying a license application, including a substantially related conviction — narrowed by later amendments limiting reliance on older conduct.
Bus. & Prof. Code § 493
A board may take the record of conviction as conclusive evidence, but the licensee may present evidence in mitigation and rehabilitation.
Bus. & Prof. Code § 482
Each board must develop rehabilitation criteria and consider them in deciding discipline or reinstatement.
Bus. & Prof. Code § 1203.4 interplay
An expungement under Penal Code § 1203.4 does not erase the conviction for licensing purposes — most boards may still consider it, though it is meaningful mitigation.
Bus. & Prof. Code § 802.1
Physician and related self-reporting of indictments and convictions; parallel reporting duties exist for nursing, contracting, and real estate licensees.
Gov. Code § 11500 et seq.
The Administrative Procedure Act governs the accusation, the hearing before an administrative law judge, and the board's final decision.

Authorities current as of 2025. Law changes; nothing here is a substitute for advice on your own facts.

TIME MATTERS IN A CRIMINAL CASE

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