1. (a) When considering the denial, suspension, or revocation of a permit pursuant to Division 1.5 (commencing with Section 475) of the Code on the grounds that the applicant or permitholder has been convicted of a crime, the Bureau shall consider whether the applicant or permitholder made a showing of rehabilitation if the applicant or permitholder completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Bureau shall consider the following criteria:

   1. (1) The nature and gravity of the crime(s).
   2. (2) The length(s) of the applicable parole or probation period(s).
   3. (3) The extent to which the applicable parole or probation period was shortened or lengthened and the reason(s) the period was modified.
   4. (4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's or permitholder's rehabilitation.
   5. (5) The extent to which the terms or conditions of parole or probation were modified and the reason(s) for modification.

2. (b) If the applicant has not completed the criminal sentence at issue without a violation of probation, the Bureau determines that the applicant did not make the showing of rehabilitation based on the criteria in subsection (a), the denial, suspension, or revocation is based on professional misconduct, the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, or the denial, suspension, or revocation is based on one or more grounds specified in Section 19239 of the Code, the Bureau shall apply the following criteria in evaluating an applicant's or permitholder's rehabilitation.

   1. (1) The nature and severity of the act(s), professional misconduct, disciplinary action(s), or crime(s) under consideration.
   2. (2) The total criminal record and evidence of any act(s), professional misconduct, disciplinary action(s), or crime(s) committed subsequent to the act(s), professional misconduct, disciplinary action(s), or crime(s) under consideration as grounds for denial, suspension, or revocation.
   3. (3) The time that has elapsed since commission of the act(s), professional misconduct, disciplinary action(s), or crime(s) under consideration.
   4. (4) Whether the applicant or permitholder has complied with any terms of parole, probations, restitution, or any other sanctions lawfully imposed against the applicant or permitholder.
   5. (5) The criteria in subsections (a)(1) through (a)(5), as applicable.
   6. (6) If applicable, evidence that the conviction has been dismissed pursuant to Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code, or a comparable dismissal or expungement.
   7. (7) The applicant or permitholder 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.
   8. (8) Evidence, if any, of rehabilitation submitted by the applicant or permitholder.
3. (c) When considering a petition for reinstatement of a permit under the provisions of Section 11522 of the Government Code, the Bureau shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in this section.

Note: Authority cited: Sections 482, 19228 and 19239, Business and Professions Code. Reference: Sections 480, 481, 482, 493 and 19239, Business and Professions Code.

History

1. New section filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15).