Criminal defense

New law on Cal Bre not being able to use expunged felony to deny a license.

I read Governor Brown signed a law barring agencies like Cal Bre to deny felons with expunged record. I have a misdemeanor dui in 2006 and Posession with intent in 2011, which will be expunged in March. I've been clean for all that 3 years and been going to therapy as well. I know my letter of explanation to Cal Bre will be important. But can I or should I get letters of recommendations? Also, should I get my 2006 misdemeanor DUI expunged before I apply? One last thing. Does Cal Bre look at arrests that was dismissed? Thank you for your help.

Nathan’s Answer

Licensing agencies have the power to look past even an expunged conviction to the underlying facts. You may need to demonstrate rehabilitation regardless of whatever the disposition of the convictions. You may be admitted under probation or restriction, and it may cost a lot to follow that regime but at least that gives you the opportunity to become licensed. However, that is not guaranteed. You may be denied outright, and then if you are serious about getting licensed, may need to consider going to an administrative hearing (trial basically), or you can wait to reapply after a certain amount of time has passed.

It helps to expunge any convictions as it shows the BRE that you are serious about rehabilitation. However, that alone may not be enough. Can you prove you have been clean? Also, if you have been going to therapy, the BRE may inquire. Letters of recommendation will only be 1 piece to the puzzle. You have enough matters on your plate as an applicant that it behooves you to seek personalized guidance from someone who practices administrative law.

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