Criminal Convictions

  • Consumer Protection Mandate
    • The Board is responsible for ensuring that consumers receive mental health services from safe practitioners
  • Applicant Reporting Requirement
    • Applicants are required by law to report all misdemeanor and felony convictions with a few minor exceptions
    • Convictions that have been expunged and dismissed under California Penal Code §1203.4, 1203.4a, or 1203.41 must be disclosed
    • Applicants must disclose convictions even if it has been previously reported to the Board
    • Failure to report is considered falsification of an application and is grounds for denial
    • See Background Statement Instructions for additional information
  • Licensee/Registrant Reporting Requirement
    • All licensees and registrants are required by law, to report all misdemeanor and felony convictions to the within 30 days of the conviction
    • Failure to report a conviction may result in the issuance of a citation or disciplinary action taken against their license or registration
  • Applicant Conviction Review

    The evaluation of the applicant’s criminal history is part of the application process. The Board evaluates each application with a prior conviction history on a case-by-case basis to determine the applicant's ability to practice with safety to the public. Included in the Board's evaluation are:

  • Written Statement

    A detailed written statement using the Background Statement Form, to describe the actions which led to the arrest and/or conviction. The form must be completed for each conviction. Each of form must have an original signature and be dated. The written statement should include the following information:

    • Circumstances detailing the actions which led to the arrest and conviction
    • Name of arresting agency and dates of the arrest and conviction
    • Specific arrest and conviction charges
    • When applicable, explanations regarding any failure to appear in court, violations of probation, and/or commitment to state or federal prison
    • A summary of the court sentence
  • Certified Reports and Documents
  • Evidence of Rehabilitation
    • A detailed explanation of efforts at rehabilitation or changes made to prevent future occurrences
    • Individuals are responsible to present sufficient evidence of rehabilitation to demonstrate fitness for licensure
    • See Background Statement Form for additional information