Felony charges when you hold a California professional license

Pelta Law defends licensed professionals charged with felonies in San Francisco, Alameda, Santa Clara, San Mateo, Contra Costa, Marin, Solano, Napa and Sonoma counties. Marc Pelta is a former prosecutor and has practiced criminal defense since 2008.

Reporting duties, by board and by trigger

California does not have one reporting rule. Each licensing body sets its own trigger, deadline and form. What follows is general information, not advice. Each board's current rule controls. The summaries below are checked against the board's own rule before publication.

Physicians, osteopathic physicians, podiatrists and physician assistants. Business and Professions Code section 802.1 requires these licensees to report to the board that issued the license on either of two events: an indictment or information charging a felony, or a conviction of any felony or misdemeanor.

The practical point: for these four license types an arrest alone does not trigger 802.1, and neither does a felony complaint at arraignment. The duty attaches when an information is filed after a preliminary hearing, when a grand jury indicts, or when a plea or verdict becomes a conviction.

Attorneys. Business and Professions Code section 6068(o) requires a lawyer to report to the State Bar, in writing, within 30 days of learning of it, the bringing of an indictment or information charging a felony, and any conviction of a felony.

A misdemeanor conviction is reportable by a lawyer if it was committed in the practice of law, a client was the victim, or a necessary element involves improper conduct of an attorney, including dishonesty or other moral turpitude.

Many boards also ask a direct question about arrests, charges or convictions on the renewal form. An untrue answer on a renewal is a separate ground for discipline, independent of the underlying charge. Renewal dates therefore belong on the defense calendar alongside court dates.

How a criminal plea becomes a board accusation

Under Business and Professions Code sections 480 and 490, a board may deny, suspend or revoke a license for conviction of a crime substantially related to the qualifications, functions or duties of the profession. A plea of guilty or no contest counts as a conviction.

Discipline against an existing license may proceed once the time for appeal has passed, the conviction has been affirmed on appeal, or an order granting probation suspends imposition of sentence. For denial of a new license, most convictions older than seven years cannot be used, and a conviction dismissed under Penal Code section 1203.4 cannot ground a denial.

In the board proceeding the record of conviction is conclusive evidence that the conviction occurred, and only of that fact. The licensee generally cannot relitigate guilt before the administrative law judge. What remains open is whether the crime is substantially related to the license, and what discipline fits.

That is why the plea is the pivot. The code section accepted, the factual basis stated on the record, any admitted enhancements and the probation terms are the raw material for the accusation. A plea that closes the criminal case can still hand the board more than it needed.

Boards also have a formal seat in the criminal case. Penal Code section 23 lets the state agency that issued the license appear in the criminal case, on its own motion or at the court's order, where the crime charged is substantially related to the licensed profession.

In that appearance the agency may furnish information, recommend specific conditions of probation and otherwise assist the court.

How the criminal case and the board matter interact

A plea that closes the criminal case can also supply the board with the facts for an accusation. Pelta Law negotiates the plea with the licensing exposure in view, calendars each reporting deadline from its trigger, and reviews any statement to a board against the pending charge.

As a former prosecutor, Marc Pelta has seen how charging decisions are made and how a plea offer is built. That perspective informs how Pelta Law approaches a felony case where the client's license is on the line.

What to do first

Licensees generally benefit from speaking with counsel before contacting the board, an employer or a medical staff office, and before answering any renewal question. Useful documents for a first conversation are the charging document, any police report already provided, the license number and the next renewal date.

Call 415-963-1152 or write to marc@peltalaw.com. Do not include facts of your case in an email. Contacting the office does not create an attorney-client relationship.

Office: 1390 Market Street, Suite 200, San Francisco. Appointments by arrangement.

Frequently asked questions

Do I have to tell my licensing board that I was arrested?

It depends on the board and where the criminal case stands. For physicians, osteopathic physicians, podiatrists and physician assistants, section 802.1 is triggered by a felony indictment or information, or by a conviction, not by the arrest. Other boards set their own triggers; some ask on the renewal form.

Will a plea to a lesser charge protect my license?

Not by itself. A plea of guilty or no contest is a conviction for licensing purposes, and the board can act on any conviction it considers substantially related to the profession. The charge accepted, the facts admitted and the sentence terms shape what the board can later prove.

What happens after the board learns of a conviction?

The board can open an investigation, ask for a written explanation and, if it decides to act, file an accusation seeking discipline. The licensee then has a short period in which to request a hearing before an administrative law judge.

This website is an advertisement for legal services. Marc Pelta, Pelta Law, San Francisco.