Section 1381 - Criteria for Rehabilitation(a) When considering the denial, suspension, or revocation of a license pursuant to Division 1.5 (commencing with Section 475) of the Business and Professions Code on the grounds that the applicant or licensee has been convicted of a crime, the Bureau shall consider whether the applicant or licensee made a showing of rehabilitation, if the applicant or licensee completed the criminal sentence at issue without a violation of parole or probation. In making the determination, the Bureau shall consider the following criteria: (1) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's or licensee's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified and the reason(s) for modification.(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 is based on professional misconduct, or the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, the Bureau shall apply the following criteria in evaluating an applicant's or licensee's rehabilitation: (1) The nature and severity of the crime(s), professional misconduct, disciplinary action(s), or act(s) that are under consideration as the grounds for denial, suspension, or revocation.(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) or crime(s) under consideration as grounds for denial, suspension, or revocation under Division 1.5 (commencing with Section 475) of the Business and Professions Code.(3) The time that has elapsed since commission of the act(s), professional misconduct, disciplinary action(s), or crime(s) referred to in subsection (1) or (2).(4) Whether the applicant or licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant or licensee.(5) The criteria in subsections (a)(1) through (a)(5), as applicable.(6) Evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.(7) Whether the applicant or licensee 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) Evidence, if any, of rehabilitation submitted by the applicant or licensee.Cal. Code Regs. Tit. 4, § 1381
1. New NOTE filed 12-10-81 as procedural and organizational; effective upon filing (Register 81, No. 50).
2. Amendment filed 10-15-82; effective thirtieth day thereafter (Register 82, No. 42).
3. Repealer and new section and amendment of NOTE filed 4-9-2021; operative 4-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). 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. Note: Authority cited: Sections 482 and 19034, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 490 and 493, Business and Professions Code.
1. New NOTE filed 12-10-81 as procedural and organizational; effective upon filing (Register 81, No. 50).
2. Amendment filed 10-15-82; effective thirtieth day thereafter (Register 82, No. 42).
3. Repealer and new section and amendment of Note filed 4-9-2021; operative 4/9/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). 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.