Substantially Related Crime - Inquiry Beyond Fact of Conviction
493. (a) Notwithstanding any other law, in a proceeding conducted by a board within the department pursuant to law to deny an application for a license or to suspend or revoke a license or otherwise take disciplinary action against a person who holds a license, upon the ground that the applicant or the licensee has been convicted of a crime substantially related to the qualifications, functions, and duties of the licensee in question, the record of conviction of the crime shall be conclusive evidence of the fact that the conviction occurred, but only of that fact.
(b) (1) Criteria for determining whether a crime
is substantially related to the qualifications, functions, or duties of the business or profession the board regulates shall include all of the following:
(A) The nature and gravity of the offense.
(B) The number of years elapsed since the date of the offense.
(C) The nature and duties of the profession.
(2) A board shall not categorically bar an applicant based solely on the type of conviction without considering evidence of rehabilitation.
(c) As used in this section, “license” includes “certificate,” “permit,” “authority,” and “registration.”
(d) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(e) This section shall become operative on July 1, 2020.