Applicant Prior Conviction Information for Licensing

Transcription

1 Applicant Prir Cnvictin Infrmatin fr Licensing

2 Disqualifying Penal Cde Sectins fr CAN/HHA Licensing If they have been cnvicted f any f the fllwing penal cdes listed, CNA/HHA applicants will be autmatically denied certificatin r ICF/DD, DH r DDN applicants will be denied emplyment. All CNA/HHA applicants shuld review this list carefully t avid wasting their time, effrt, and mney by training, testing, and submissin f fingerprints since they cannt receive the required backgrund clearance if they have been cnvicted f these vilatins. Sectin 187 Murder 192 (a) Manslaughter, Vluntary 203 Mayhem 206 Aggravated Mayhem 206 Trture 206 Kidnapping 209 Kidnapping fr ransm, reward, r extrtin r rbbery 210 Extrtin by psing as kidnapper False imprisnment 211 Rbbery (includes degrees in (a) and (b)) 220 Assault with intent t cmmit mayhem, rape, sdmy, ral cpulatin 222 Administering stupefying drugs t assist in cmmissin f a felny Sexual battery (includes degrees (a)-(c)) 245 Assault with a deadly weapn 261 Rape (Includes degrees (a)-(c)) 262 Rape f spuse (Includes degrees (a)-(e)) Rape r penetratin f genital r anal penings by freign bject 265 Abductin fr marriage r defilement 266 Inveiglement r enticement f female under (a) Taking a persn withut will r by misrepresentatin fr prstitutin 266(b) Taking a persn by frce 266(c) Sexual act by fear 266(d) Receiving mney t place a persn in chabitatin 266(e) Placing a persn fr prstitutin against will 266(f) Selling a persn 266(g) Prstitutin f wife by frce 266(h) Pimping 266(i) Pandering 266(j) Placing a child under 16 fr lewd act 266(k) Felny enhancement fr pimping/pandering 267 Abductin f persn under 18 fr purpses f prstitutin 273(a) Willful hard r injury t a child (includes degrees (a)-(c)) 273(d) Crpral punishment/injury t a child (Includes degrees (a)-(c)) 285 Incest 286(c) Sdmy with a persn under 14 years against will 286(d) Vluntary acting in cncert with r aiding and abetting in act f sdmy against will 286(f) Sdmy with uncnscius victim 286(g) Sdmy with victim with mental disrder r develpment r physical disability 288 Lewd r lascivius acts with child under age f (a) (c) Oral cpulatin with persn under 14 years against will 288(d) Vluntarily acting in cncert with r aiding and abetting 288(f) Oral cpulatin with uncnscius victim 288(g) Oral cpulatin with victim with mental disrder r develpmental r physical disability Cntinuus sexual abuse f child (Includes degree (a)) 289 Penetratin f genital r anal penings by freign bject (includes (a)-(i)) Rape r sdmy (Includes (a) and (b)) 268 Elder r dependent adult abuse; theft r embezzlement f prperty (Includes degree (b)-(f)) 451 Arsn (Includes degrees (a)-(e)) 459 Burglary (Includes degrees in 460(a) and (b)) 470 Frgery (Includes (a)-(e))

3 475 Pssessin f receipt frged bills, ntes, trading stamps, lttery tickets r shares (Includes degrees (a)-(c)) 484 Theft 484(b) Intent t cmmit theft by fraud 484(d)-(j) Theft f access card, frgery f access car, unlawful use f access card 488 Petty theft 496 Receiving stlen prperty (Includes (a)-(c)) 503 Embezzlement 518 Extrtin 666 Repeat cnvictins f petty theft, grand theft, burglary, carjacking, rbbery and receipt f stlen prperty ATCS 98-4 (4/02) Certificatin f applicants with cnvictins n this list MAY be recnsidered by ATCS nly if misdemeanr actins have been dismissed by a curt f law r a Certificate f rehabilitatin has been btained fr felny cnvictins. Any ther cnvictin, ther than minr traffic vilatins, must be reviewed by ATCS. Applicant Prir Cnvictins and Disciplinary Actins Frequently Asked Questins 1. What cnvictins r license discipline must be reprted n the applicatin? All cnvictins must be reprted, except fr minr traffic vilatins. Bth misdemeanr and felny cnvictins must be reprted, and "driving under the influence" must be reprted. Cnvictins must be reprted even if they have been expunged under Penal Cde Sectin Als, ffenses must be reprted even if the applicant has successfully cmpleted a diversin prgram under the Penal r Article 5 f the Vehicle Cde. All prir r current disciplinary actin against a healthcare related license must be reprted, whether it ccurred in Califrnia r in anther state r territry. 2. Can a persn btain a license as a registered nurse if they have a misdemeanr r felny cnvictin n their recrd? The BRN reviews all prir cnvictins substantially related t the qualificatins, functins r duties f a registered nurse. Each applicatin is evaluated n a case by case basis. (Please refer t the Plicy Statement n Denial f Licensure.) The BRN cnsiders the nature, severity, and recency f the ffense(s), as well as rehabilitatin and ther factrs. The Bard cannt make a determinatin fr apprval r denial f licensure withut evaluating the entire applicatin and supprting dcumentatin. 3. Is there any specific cnvictin that will autmatically disqualify an applicant frm receiving a license? N. There is nt any ne specific type f cnvictin that will disqualify an applicant. Again, the Bard must review, n a case by case basis, all cnvictins and supprting dcumentatin t determine if an applicatin will be apprved r denied. 4. D I have t reprt charges if I cmpleted a curt diversin prgram and charges were dismissed? Yes. Offenses must be reprted t the Bard even if a curt diversin prgram has been cmpleted. (Business and Prfessins Cde sectin 492). 5. What type f dcumentatin d I need t submit in supprt f my applicatin if I have a prir cnvictin r license discipline? In additin t the dcuments required fr licensure, the BRN will require: Certified fficial curt dcument(s) and arrest reprt(s) relative t yur cnvictin(s), shwing the date(s) and circumstance(s) surrunding yur arrest /cnvictin(s), sectins f the law vilated, and dispsitin f the case. Cpy f dcuments relative t any disciplinary actin taken against any license as an RN r any healthcare related license r certificate, if applicable. A detailed descriptin f the circumstances surrunding yur cnvictin(s) r disciplinary actin and a thrugh descriptin f the rehabilitative changes in yur lifestyle since the time f yur cnvictin(s) r disciplinary actin which wuld enable yu t avid future ccurrences. It wuld be helpful t include factrs in yur life which yu feel may have cntributed t yur cnvictin(s) r disciplinary actin, what yu have learned abut yurself since that time, and the changes yu have made that supprt yur rehabilitatin. The burden f prf lies with the applicant t demnstrate evidence f rehabilitatin. Examples f rehabilitatin evidence include, but are nt limited t: If applicable t yur cnvictin(s) r license discipline(s), dcumented evidence f prfessinal treatment and cunseling yu may have cmpleted. Please prvide discharge summary, if available. Letters f reference n fficial letterhead frm emplyers, nursing instructrs, health prfessinals, prfessinal cunselrs, parle r prbatin fficers, r ther individuals in psitins f authrity wh are knwledgeable abut yur rehabilitatin effrts. Prf f cmmunity wrk, schling, and/r self-imprvement effrts.

4 Curt-issued certificate f rehabilitatin r evidence f expungement, prf f cmpliance with criminal prbatin r parle, and rders f the curt. 6. Can I receive an Interim Permit if my applicatin is under review because f cnvictins? N. If yur applicatin is referred t the Enfrcement Prgram fr review, yu will nt be allwed t receive an Interim Permit until the review has been cmpleted, and a final decisin has been made regarding yur applicatin. 7. Hw lng will it take t review the infrmatin that I submit with my applicatin? The nrmal prcessing time is apprximately 4 t 6 weeks. This assumes that all requested infrmatin fr licensure and fr the Enfrcement Prgram has been received. 8. I am licensed in anther state and want t receive my temprary license ASAP. Can I btain a temprary license by cming t the Bard's ffice if I have prir cnvictin(s) r ut f state disciplinary actin n my recrd? N. Temprary licenses are nt issued until all cnvictin, discipline, rehabilitatin, and ther evidence is fully evaluated. 9. Hw can I help facilitate hw quickly my prir cnvictin r license discipline is reviewed? The BRN strngly encurages all individuals with a cnvictin r discipline histry t be fully prepared with infrmatin regarding their backgrund, as specified in the plicy statement n denial f licensure and the BRN applicatin fr licensure. Otherwise, yur request fr a license will experience a delay. 10. Hw d I appeal the denial f my applicatin fr licensure? Yu have the right t appeal the license denial, and t have an administrative hearing, under the prvisins f Sectin 485(b) f the Business and Prfessins Cde. Yu must submit the appeal in writing t the Bard ffice within 60 days frm the service f the ntice f denial. If yu d nt submit an appeal in writing t the Bard, yu will autmatically waive yur right t a hearing, and yur applicatin will be deemed denied. Shuld yu appeal, and the denial is upheld, the earliest date t reapply is ne year frm the date f service f the ntice f denial. 11. What will happen if I chse nt t appeal the applicatin denial? If yu select nt t appeal the applicatin denial, yu will be allwed t reapply fr licensure ne year frm the date f the service f the ntice f denial. 1. D yu have t reprt an arrest if yu were nt cnvicted? N. Yu nly need t reprt an arrest if yu were cnvicted. License Discipline and Cnvictins 2. D yu have t reprt traffic vilatins and/r autmbile accidents? Yes, if a traffic ticket was issued and yu were fined ver $ What happens if yu can't btain certified curt dcuments and plice reprts n cnvictins? Yu must submit written prf frm the curt r plice department specifying inability t lcate the required dcuments. The Bard verifies this and bases its decisin n ther substantial infrmatin (e.g., letters f recmmendatin, evidence f rehabilitatin, etc.). 4. D yu have t reprt nn-payment f child supprt? N. Hwever, if yur case is in the District Attrney's (DA) Office fr nn-payment, the DA ntifies the Department f Cnsumer Affairs Family Supprt Unit. If yu are deemed eligible fr licensure, yur license is issued n a temprary basis fr 150 days. If at the end f that time perid, yu have nt established a payment agreement with the DA's Office, yur license is suspended. 5. D yu have t reprt a cnvictin that was expunged (i.e., cnvictin was stricken r deleted frm fficial recrds)? Yes. Pursuant t Penal Cde sectin , yu are required t reprt a cnvictin that was expunged. The law specifies that it des nt relieve yu frm the bligatin t disclse the cnvictin in respnse t any direct questins cntained in any questinnaire r applicatin fr public ffice, fr licensure by any state r lcal agency. 6. What happens if yu fail t disclse all r part f yur cnvictins? Failure t disclse all r part f yur cnvictins may be grunds fr disciplinary actin as yu falsified infrmatin required n yur renewal f licensure. 7. D yu have t reprt misdemeanrs, felnies and/r cnvictins which yu pled nl cntendere? Yes. Pursuant t Business and Prfessins Cde, sectin 2765, a plea r verdict f guilty r a cnvictin fllwing a plea f nl cntendere is cnsidered a cnvictin. Any cnvictin substantially related t the qualificatins, functins and duties f a licensee can be grunds fr discipline f a license.

5 8. D yu have t reprt cnvictins if yu were under 18 years ld and tried as an adult? Yes. If yu were under 18 years f age, but were tried and cnvicted as an adult, yu are required t disclse the cnvictin. 9. D yu have t reprt military cnvictins r dishnrable discharge? Yes. Any ffense r vilatin during yur military career must be reprted t the Bard n the Reprt f Cnvictin frm. 10. Hw des the Bard determine which vilatins are substantially related t the applicant's license? Pursuant t Title 16, Califrnia Cde f Regulatins, sectin 1444, a cnvictin r act shall be cnsidered t be substantially related t the qualificatins, functins r duties f a registered nurse if t a substantial degree it evidences present r ptential unfitness f a registered nurse t practice in a manner cnsistent with the public health, safety r welfare. Such cnvictins r acts shall include but nt be limited t thse invlving the fllwing issues: Assaultive r abusive cnduct including, but nt limited t, thse vilatins listed in subdivisin (d) f Penal Cde Sectin Failure t cmply with any mandatry reprting requirements. Theft, dishnesty, fraud, r deceit. Any cnvictin r act subject t an rder f registratin pursuant t Sectin 290 f the Penal Cde. 11. Hw des the Bard determine satisfactry rehabilitatin f a licensee? Pursuant t Business and Prfessins Cde sectins 480 and 490, and Title 16 Califrnia Cde f Regulatins, sectins 1444, the Bard utilizes the fllwing general criteria t determine satisfactry rehabilitatin: The nature and severity f the act(s) r crime(s) under cnsideratin. Evidence f any act(s) cmmitted subsequent t the act(s) r crime(s) under cnsideratin. The time that has elapsed since cmmissin f the act(s) r crime(s) under cnsideratin. The extent t which the applicant has cmplied with any terms f parle, prbatin, restitutin, r any ther sanctins lawfully impsed. Evidence, if any, f rehabilitatin. 12. What des the Bard lk fr n the Department f Justice (DOJ) and/r Federal Bureau f Investigatin (FBI) reprts? The Bard reviews the RAP sheets (i.e., criminal recrd reprts) t ensure that the cnvictin histry matches what yu prvided n yur Reprt f Cnvictin frm and t determine if the vilatin is related t the qualificatins f a licensee. 13. Hw can yu get a cpy f yur RAP sheet ( i.e., criminal recrd reprt)? Yu may request a cpy f yur RAP sheet frm the Department f Justice (DOJ). DOJ requires yu t cmplete a "Recrd Review Prcess" frm, cmplete anther fingerprint card and pay a fee fr prcessing. T btain mre infrmatin n this prcess, yu must cntact DOJ directly. 14. Hw lng des a cnvictin stay n yur RAP sheet? The infrmatin cntained n yur RAP sheet is retained indefinitely. Therefre, yu shuld always reprt all cnvictins. Failure t disclse all past cnvictins may result in disciplinary actin.