Criminal Convictions

• The Board is responsible for ensuring that consumers receive mental health services from safe practitioners

• Criminal Conviction FAQ – AB2138 – Updated 12/17/2020

• All licensees and registrants are required by law, to report all misdemeanor and felony convictions to the within 30 days of the conviction
• Failure to report a conviction may result in the issuance of a citation or disciplinary action taken against their license or registration

The evaluation of the applicant’s criminal history is part of the application process. The Board evaluates each application with a prior conviction history on a case-by-case basis to determine the applicant's ability to practice with safety to the public. Included in the Board's evaluation are:

• The nature and severity of the offense
• Additional subsequent acts
• Recency of crime
• Compliance with sanctions
• Evidence of rehabilitation (criteria outlined by California Code of Regulations, Title 16, §1813)

A detailed written statement using the Background Statement Form, to describe the actions which led to the arrest and/or conviction. The form must be completed for each conviction. Each of form must have an original signature and be dated. The written statement should include the following information:

• Circumstances detailing the actions which led to the arrest and conviction
• Name of arresting agency and dates of the arrest and conviction
• Specific arrest and conviction charges
• When applicable, explanations regarding any failure to appear in court, violations of probation, and/or commitment to state or federal prison
• A summary of the court sentence

• A certified copy of the arrest report for each arrest
• A certified copy of court documents for each conviction
• See Background Statement Form and;
• Criminal Conviction FAQ's for additional information

• A detailed explanation of efforts at rehabilitation or changes made to prevent future occurrences
• Individuals are responsible to present sufficient evidence of rehabilitation to demonstrate fitness for licensure
• See Background Statement Form for additional information

• Background Statement Form

• Criminal Conviction FAQ