San Luis Obispo License Attorney

Congratulations on graduating from your chosen training profession and attaining your degree or certification. Your next step to ensure you qualify to join other individuals pursuing careers in the same practice field is applying for your license.

After making a professional licensure application with the appropriate California licensing authority or board, the board will conduct thorough background checks to check whether you have any criminal convictions or charges. Your license application will likely be denied if the following applies to your case:

• You have concealed convictions or charges during your application for a license
• You have insufficiently explained the criminal convictions or charges to the licensing board at the time of a license application.

Note that even with the expungement of criminal records (California PC 1203.4), your criminal history remains visible on the web, and you should reveal the conviction when applying for a professional license.

Under California Business and Professions Code sections 475 and 480, the licensing agency can refuse your license application because of acts considered substantially related to the duties or functions of the specific occupation, profession, or business for which the licensure application was made.

If the board denies your application, you can appeal and attend a formal administrative hearing, per Business and Professions Code Section 485(b). You will also receive the Statement of Issues from the licensing board, which contains the reasons that informed the board’s decision to decline your licensure application.

You should submit your written appeal to the licensing board within sixty days of receiving your denial. Otherwise, you automatically surrender your legal entitlement to an administrative hearing, and the denial stands. However, you can reapply 12 months after the license application denial.

Here is why you should hire our skilled and knowledgeable attorneys to help through the application procedure:

• Our proven licensing attorneys know how to promptly assess the reasons for the license denial and what to do to rectify it. We know the type of proof and documentation that could best persuade the board to reconsider your license application. We will also review your Statement of Issues before you file your appeal.
• We deeply understand criminal and administrative laws and can help you use expungement for your benefit. Licensing agencies are lenient to applicants who have undergone the expungement process, as it demonstrates that the applicant is serious about pursuing their chosen profession.
• We can help you obtain a stipulated agreement with the licensing board.

For more information on professional license applications and denials, please contact us at 805-465-2766.

Suppose the state licensing authority files an official action against your license application or an existing license. In that case, you have the legal entitlement to a California administrative hearing before an ALJ (administrative law judge).

An accusation in a licensing case is the action initiated by the licensing agency against a professional’s license following alleged wrongful conduct. The accusation results in the board listing the alleged misconduct and the violated regulations and laws. The licensing agency will also list dates, names, and the breached legal provisions.

Upon learning of a formal accusation, you, the licensee, have 15 days to file a Notice of Defense to safeguard your rights during an administrative hearing. Your licensing board should offer you adequate information to respond to your allegations. Our skilled defense attorney will review the complaint based on the disciplinary proceeding. We will also help you write your response letter without creating more legal trouble.

Sometimes, plaintiffs fabricate or exaggerate allegations. For instance, a dissatisfied client can file a false complaint to get you into trouble. In this case, our attorneys will analyze the alleged facts and investigate whether there are documents and witnesses to refute or support them. We will advise you on the best strategy to handle the matter based on our independent investigation outcome.

Additionally, as you prepare to respond to your accusation, we will work aggressively to ensure you are treated fairly. Every licensing agency has procedural rules and regulations for conducting disciplinary proceedings. Our tenacious legal team can hold the agency accountable for the regulations to ensure you get a fair hearing.

After your relevant licensing board revokes your license, you can still reapply by filing a reinstatement petition following a specified period's expiration. Typically, a license reinstatement relies on a licensee demonstrating good behavior during their probationary time and undergoing the necessary rehabilitation as instructed by their licensing agency.

If the board denies your license reinstatement request, you could request an administrative hearing to show your good conduct. Unlike a case involving disciplinary hearings (where the board has the burden of proof), the licensee bears the burden in reinstatement proceedings.

Our attorney can handle all communication from the board. If the board requires any information from you, we will be present to ensure you do not incriminate yourself and that the agency does not violate your rights during questioning.

We will also assist you in determining the proper documents to submit to the licensing authority without creating more legal issues. For example, submitting patients’ records could break the Health Insurance Portability and Accountability Act (HIPPA) laws and land you further legal trouble if you are a medical practitioner. Our legal team will mitigate the issues, preventing additional challenges in the future.

We will also help with the following legal considerations when pursuing a license reinstatement:

• Eligibility —The eligibility criteria that require that you do not have a pending probation or parole
• Needed timeframes — You should wait for the elapsing of the stipulated time before petitioning the board to reinstate your license.
• Case proximity is due to the board's license reinstatement process and conditions relating to your case.
• The most crucial factor is the legal prognosis for winning a license reinstatement petition. The prognosis is based on the ability to submit compelling factual proof about your sufficient rehabilitation regarding character and lifestyle improvements, the elapsing of adequate durations without another incident, proof of the appropriate levels of professional expertise, and your overall attitude and overlook.

The seasoned attorneys at San Luis Obispo License Attorney have the experience and objectivity to determine the appropriate evidence to get your license reissued and how to develop the most persuasive case, given your history with your licensing agency. We will help you write a petition that:

• highlights your progress in addressing the bone of contention during the rehabilitation period, and
• assures the agency that you will neither face another disciplinary action nor harm the public if reinstated

Previous convictions could continue to haunt you and even result in losing your license. The sentence (s) can be as a result of driving under the influence or involving narcotics or drugs. You may have committed shoplifting offenses or broken other laws, but you have since gotten your act together and outgrown your mistakes. Nevertheless, a conviction can still affect you even after you have undergone rehabilitation, completed probation, or had the court dismiss your case.

If the licensing agency believes a criminal conviction will impact your competence to perform your duties, it can revoke or suspend your professional license. You could receive a notification from the board of conviction-related disciplinary measures. If you are presently without a license, you will receive a statement of issues when applying for a professional license. You are allowed an administrative proceeding as stated by the Administrative Procedure Act. The hearing aims to balance your legal right to keep your professional license and the general public’s entitlement to be protected from hazardous and rogue professionals.

Many criminal convictions impacting professional licenses revolve around alcohol and substance abuse. Upon being charged with a drug-related crime, it is critical to get the appropriate treatment and counseling. Completing a rehabilitation program serves as mitigating proof as you engage the licensing agency for a resolution.

In substance abuse-related charges, you must be careful before entering a guilty plea or a DEJ (deferred entry of judgment). Our attorney will advise you on the best course of action. The deferred entry of the judgment program might seem a suitable solution, but the licensing boards view it as a conviction, which could trigger disciplinary measures.

As a licensee, you should self-report tort actions or criminal charges against you. Failure to report could result in more severe disciplinary actions. After your conviction, the ruling court will notify the relevant licensing agency. Therefore, you must be honest and truthful while revealing your conviction(s) because the agency will still know, which can result in serious disciplinary ramifications. We can help you make a proactive revelation to prevent disciplinary action from the board and reduce the charges you are facing.

California law requires the disclosure of all convictions, even those expunged, when applying for or renewing a license. Failing to reveal any convictions, irrespective of how minor, could result in a denial of the license.

Once the licensing authority decides to investigate a complaint against you, your conduct becomes scrutinized. What you do during this time can break or make your case. Our knowledgeable team will advise you on the typical mistakes to avoid. These mistakes include the following:

• Contacting the individual who brought the allegation — The board will view the move as complainant harassment or intimidation
• Giving investigators access to patient and medical records without your lawyer’s knowledge — Presenting sensitive details can lead to more legal issues. We will advise you on records to protect and how to limit your legal liability.
• Assuming the board has your best interests and can prove your innocence
• Discussing your case with your loved ones or colleagues
• Admitting fault
• Speaking angrily to the complainant