The law will ensure that professionals are not unduly punished for convictions.
While most people may consider the possibility of jail time the harshest potential punishment for a criminal conviction, it is often the collateral consequences — the other effects — that are worse. Having a criminal record can impact your life in a variety of ways, particularly if you are a professional.
Under current law, California licensing boards can take away or deny a professional license if an applicant or license holder was convicted of a crime — even if that crime was not related to the work that they perform and was not a serious felony. As an experienced Rancho Cucamonga criminal defense lawyer can explain, this meant that almost any criminal conviction had the potential to destroy a person’s livelihood.
However, Governor Jerry Brown recently signed Assembly Bill 2138 into law. Under AB 2138, a licensing board cannot take away or deny a license on the basis of a criminal conviction if:
- The conviction is 7 years or older; and
- The conviction is not substantially related to the job details the applicant will perform.
However, these rules do not apply for convictions for serious felonies. This law applies to all 42 licensing boards under the California Department of Consumer Affairs.
Of course, if the conviction is related to a person’s job or ability to do his or her work, it may still affect his or her ability to obtain a professional license. For example, if a person is applying for a teaching certificate and has a criminal conviction for sexual abuse of a minor, that conviction will likely be deemed related to the job details — regardless of how old it may be. But if a person is applying for a teaching certificate and has a 10 year old underage drinking conviction, that will not likely be considered relevant.
As a Rancho Cucamonga criminal defense lawyer can explain, this law will help people convicted of crimes secure employment and find jobs that pay well. In turn, this will help to reduce recidivism. It will also ensure that the licensing system is more fair and consistent for all Californians, as they will be held to the same standard.
At the Chambers Law Firm, we understand firsthand how devastating even a relatively minor criminal conviction can be. Our goal is to help you avoid the impact of a criminal conviction by aggressively defending you against all California criminal charges, working to put together the best possible legal and factual defenses to the charges against you. When possible, we will work to have the case dismissed or the charges reduced. Otherwise, we will take the case to trial, where we will put forth a strong defense.
If you have been charged with a crime, we can help. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
