If you are preparing to apply for a professional license in the state of California, knowing the reasons why professional licenses are most likely to be denied can help improve the chances of your application being approved.
Below we will detail some of the most common reasons for license denial and tell you when a licensing attorney can help.
Most Common Reasons for License Denial
When an application for a professional license in California is denied, the news often comes as an enormous shock. Typically, however, license denials happen because of failure to disclose information in an application, or because of some past criminal or administrative and professional discipline suffered by the applicant.
When you complete your application, remember that any misleading information you provide can be grounds for denial. Usually, incomplete information that results in license denial is due to a legal or criminal issue. In the state of California, license applicants must disclose any criminal convictions. This may include past expunged convictions or arrests that led to deferred entry or diversion programs. It is important to read the application and the laws governing the profession in question to determine what is or is not disclosable. Consulting with a professional licensing attorney can be useful!
If you want to be certain about whether you need to disclose a specific occurrence, it is a good idea to consult with an experienced licensing attorney.
When Can a Conviction Jeopardize My License?
It is important to keep in mind that in California, it is not legal for any licensing body to deny someone a professional license solely on the grounds of a conviction. The previous criminal activity, whether a felony or a misdemeanor, must be significantly related to your ability to perform the duties and functions of your job in order for it to lead to license denial.
For example, while a DUI may seem unrelated to your duties as a nurse or a real estate broker, in reality, it could be considered significantly related. The DUI could be indicative of a substance abuse issue, and can be demonstrative of a lack of judgment, that could apply to the professional environment.
What to Do If You Have Past Convictions
If you have past convictions and are worried that they could have a negative impact on your license application, it is in your best interest to work with a licensing attorney that can help you potentially clean up your criminal record and show the licensing body that you have rehabilitated yourself. A lawyer can help you meet strict deadlines, improve your chances of a good outcome, and potentially help you get your license application approved.
What to do if Your License is Denied
If your license is denied, you will be notified of the denial through a denial letter, which would require you to file an appeal, or by a formal Statement of Issues, from your licensing board. Both will explain the reasons for the denial. Depending on whether you are noticed by a letter, or by a Statement of Issues, you will have a short period of time to file an appeal. You should immediately consult with an attorney and the law to determine your appeal rights.
Failure to appeal will lead to your application being denied, and you will not be able to apply within a specific period of time, usually one to three years. For some agencies, the waiting period is longer. If your license is denied, it is a good idea to seek help from a licensing attorney as soon as possible.
If you are worried about how your criminal history may affect your license, Scott J Harris can help give you a clear understanding of your rights and improve your chances of approval. To learn more, contact us today for a 15-minute consultation.
This blog is meant to be informational. It is not meant to be all-encompassing legal advice. If you are facing a situation involving your professional license, seek counsel from a licensed attorney.