Professional Licenses

Business and Professional License Issues

The California Business & Professions Code §490 indicates the main concern to be whether a crime is “substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.”

Licensing boards do have the discretion, however, to revoke/deny a license or discipline the licensee, and seem more willing do so lately in cases involving DUIs. This is especially true when there are aggravating factors. One such factor might be an elevated blood alcohol level.

There are many people that may be subject to licensing issues. Some of these are attorneys, judges, doctors, nurses, pilots, chiropractors, insurance brokers, teachers, real estate brokers, certified public accountants.

Licensed professionals may be required to self report arrests or convictions to the licensing agency.

Agencies may automatically receive notice when their Professional or Business licensees are arrested or convicted.

Multiple DUIs are very likely to cause the board concern, even if they are not directly connected to work.

Depending on the circumstances it may be advisable to be able to show information related to rehabilitation, beginning very soon after a DUI arrest.

You must always use great care in answering any questions the board asks of you. A dishonest answer will likely compound your problems. Expunging your conviction, under Penal Code §1203.4, does not allow you to avoid sharing the information in any application or renewal of, or for, State Licensure.

Federal Aviation Regulations are concerned about motor vehicle actions stemming from alcohol or drugs.

You should also be aware that agreeing to what may seem like simple probation by the licensing agency may be a long lasting and expensive concern.

It is our advice that you have a conversation with an attorney familiar with the licensing practices of the board that concerns you. If you don’t already have such an attorney, we will help you find one.