Whether you’re applying for a physician’s license, a nursing license, a real estate license, or an insurance license, it’s essential that you know and adhere to the licensing board’s mandatory reporting requirements for any crimes you’ve committed. If you fail to do so, even unknowingly, your license may be denied.
Learn about mandatory reporting requirements including what you need to disclose and what you don’t.
Physicians’ and Surgeons’ Requirements
If you are applying for either a physician’s or a surgeon’s license, you must disclose all criminal offenses, whether major or minor, to which you pled guilty or nolo contendere. Even if the conviction has been expunged, you must report all citations, infractions, misdemeanors, and felonies, including traffic violations. The only convictions you don’t need to report are those adjudicated in the juvenile court or offenses that are two years or older under California Health and Safety Codes sections 11357(b), (c), (d), (e), or section 11360(b). If you were not convicted of a crime you were charged with, you do not need to disclose it.
Real Estate Requirements
If you are applying for a real estate license, you must disclose all misdemeanor or felony convictions. In addition, if your real estate license has ever been denied, suspended, restricted, or revoked, in California or elsewhere, you must disclose it. You do not have to report juvenile court adjudication, or convictions made under Penal Code section 1203.45 or Welfare and Institutions Code section 781. In addition, you do not need to report convictions under Health and Safety Code section 11357(b), (c), (d), or (e) or Health and Safety Code section 11360(b) if the date of conviction was at least two years prior.
For a nursing license, you must report convictions including infractions, misdemeanors, and felonies to which you pled guilty or nolo contendere including those that were expunged from official records. You do not, however, need to report convictions for infractions with fines under $1,000 unless they involved alcohol or a controlled substance. For any offense resulting in fines over $1,000, including traffic violations, you must disclose. You must also report any convictions where you pled no contest that were pursuant or deferred pursuant to section 1000 or 1203.4 of the Penal Code.
To ensure that you receive your insurance license, you must disclose any disciplinary action taken against your business or professional license. In addition, you are required to report any criminal convictions or pleas of nolo contendere including DUIs, reckless driving, driving with a suspended license, misdemeanors, felonies, and military offenses. When you see the word “crime” on the application form, it also refers to hit and runs, petty theft, shoplifting, and soliciting a prostitute. This includes convictions that were expunged from official records. In addition, you must disclose any criminal charges that are pending at the time you submit your license application. The only exception to conviction reporting is for juvenile offenses. In addition, you do not need to report an arrest unless charges were filed.
If you are applying for any other type of license, including a contractor’s license, engineer’s license, accountancy license, vocational nurse, respiratory therapist, dentist, chiropractic, or any other, most licensing boards require that you report all convictions of infractions, misdemeanors and felonies, with some exceptions. You may also have to report discipline by both in-state and out-of-state licensing agencies, even if it does not have to do with the profession for which you seek a license. You should consult the licensing and application requirements of the agency from which you seek a license and read the application and application instructions carefully.
No matter what kind of license you are applying for, if you’re ever unsure whether or not to disclose a conviction, you should always err with caution. If you fail to report, your actions can be considered fraud or misrepresentation and your license can be denied.
If you feel you have been wrongly denied a license, it’s essential that you work with a lawyer you can trust. If you need help, contact California professional license defense attorney Scott J. Harris. Schedule a free, 30-minute consultation or call us at 323-794-0701.
The information on this blog post is subject to change and you should consult a licensed attorney, like Scott J. Harris, Esq, to ensure that the reporting requirements for your professional license application are not different or have changed.