PSYCHOLOGISTS CHARGED WITH CRIMES

Psychologists fall under the purview of the Board of Psychology and the Board of Behavioral Psychology. A Psychology Licensee in the California can expect the BOP will be notified within a week of an arrest if there is any indication of alcohol or drugs involved. As criminal defense lawyers, we know that while the BOP does not have a requirement to self-report an arrest for a misdemeanor DUI, your application for licensing or renewal of licensing does require disclosure of criminal convictions including DUI or Reckless Driving.

The Board does take rehabilitation into consideration. Pursuant to California Code of Regulations, Title 16,  1395, when considering the denial of a license or registration under §480 of the Code, the Board of Psychology, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license or registration, will consider the following criteria:

• The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.

• Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under section 480 of the Code.

• The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2) of section 1395.

• The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.

• Evidence, if any, of rehabilitation submitted by the applicant.

THE BOARD OF BEHAVIORAL SCIENCES

The BBS oversees licensed LMFTs, LCSWs, LPCCs, and LEPs. The BBS reviews each Licensee’s criminal history on a case by case basis. Applicants who have prior criminal convictions that are substantially related to the practice of the professional license will be denied if they cannot prove sufficient rehabilitation for safe practice. Each applicant is required report any misdemeanor and/or felony conviction unless it was a Juvenile Court adjudication, a violation of Health & Safety code §11357(b)(c)(d), (e) or 11360(b) which is two years or older, any charge dismissed pursuant to Penal Code §1000.3. Any traffic violations for which a fine of $500.00 or less was imposed or an infraction of law do not need to be disclosed.

Convictions dismissed pursuant to Penal Code 1203.4, 1203.4a, or 1203.41 must be reported.

For each reportable conviction, the applicant is required to provide:

• A detailed written statement using the Background Statement Form to describe the actions which led to the arrest and/or convictions. All Background Statement Forms must have an original signature and be dated;

• Copies of police reports;

• Certified copies of the court documents; and

• Sufficient evidence of rehabilitation which can include proof of compliance with voluntary or court ordered programs and letters of recommendation from employers, instructors or others,

If required to submit conviction information, you must be prepared to gather copies of the complaint or indictment, minute order, summary of judgment, any pre-sentencing/probation report, information regarding dismissal pursuant to Penal Code  2303.4, 1203.4a, or 1203.4, and any other documentation regarding the conviction.

FAQs regarding disclosing:

https://www.bbs.ca.gov/pdf/publications/faqs_applicants_and_disclosing_conv.pdf

B P 480

(a) A board may deny a license regulated by this code on the grounds that the applicant has one of the following:

(1) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4, 1203.4a, or 1203.41 of the Penal Code.

(2) Done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another.

(3) (A) Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.

(3) (B) The board may deny a license pursuant to this subdivision only if the crime or act is substantially related to the qualifications, functions, or duties of the business or profession for which application is made.

(b) Notwithstanding any other provision of this code, a person shall not be denied a license solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed by the board to evaluate the rehabilitation of a person when considering the denial of a license under subdivision (a) of Section 482.

(c) Notwithstanding any other provisions of this code, a person shall not be denied a license solely on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide proof of the dismissal.

(d) A board may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license.

B P 482

Each board under the provisions of this code shall develop criteria to evaluate the rehabilitation of a person when:

(a) Considering the denial of a license by the board under Section 480; or
(b) Considering suspension or revocation of a license under

B P 490

Each board shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.

We make every endeavor to avoid a criminal conviction that could lead to a disciplinary action; but if that is not possible, we will guide you in the best way possible to mitigate any damage to your licensing and your livelihood.