1. (a) When considering the denial of a registration under Section 480 of the code on the ground that the applicant has been convicted of a crime, the Board shall consider whether the applicant has made a showing of rehabilitation if the applicant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Board shall consider the following criteria:

   1. (1) The circumstances, nature, and gravity of the crime(s).
   2. (2) The length(s) of time that has elapsed since the criminal conduct and the completion of probation.
   3. (3) Whether the applicant is a repeat offender of the same or similar crime(s), and the total criminal record.
   4. (4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.

2. (b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the Board determines that the applicant did not make a showing of rehabilitation based on the criteria in subdivision (a), the denial is based on professional misconduct, or when considering a petition for reinstatement under Section 11522 of the code, the Board shall apply the following criteria in evaluating the applicant's rehabilitation:

   1. (1) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.
   2. (2) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.
   3. (3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivision (b)(1) or (b)(2).
   4. (4) The criteria in subdivision (a)(1) through (a)(4), as applicable.
   5. (5) Evidence, if any, of rehabilitation submitted by the applicant.

Note: Authority cited: Sections 481, 482 and 2558, Business and Professions Code. Reference: Sections 480, 481, 482, 488 and 493, Business and Professions Code.

History

1. Amendment of section and Note filed 2-25-2021; operative 2-25-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 9). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)