2912. Criteria for Rehabilitation (Revocation or Suspension).

2912. Criteria for Rehabilitation (Revocation or Suspension).
The following criteria have been developed and will be considered by the Bureau pursuant to Section 482 of the Business
and Professions Code for the purpose of evaluating whether or not a licensee against whom an administrative
disciplinary proceeding for revocation or suspension of the license has been initiated on account of a crime committed
by the licensee is rehabilitated:
(a) The time that has elapsed since commission of the act(s) or offense(s):
(1) The passage of less than two years after the most recent criminal conviction or act of the licensee that is a cause
of action in the Bureau’s Accusation against the licensee is inadequate to demonstrate rehabilitation.
(2) Notwithstanding subdivision (a)(1), above, the two year period may be increased based upon consideration of
the following:
(A) The nature and severity of the crime(s) and/or act(s) committed by the licensee.
(B) The licensee’s history of criminal convictions and/or license discipline that are “substantially related” to
the qualifications, functions, or duties of a real estate licensee.



(b) Restitution to any person who has suffered monetary losses through “substantially related” acts or omissions of the
licensee, or escheat to the State of these monies or other properties if the victim(s) cannot be located.
(c) Expungement of the conviction(s) which culminated in the administrative proceeding to take disciplinary action.
(d) Expungement or discontinuance of a requirement of registration pursuant to the provisions of Section 290 of the
Penal Code.
(e) Successful completion or early discharge from probation or parole.
(f) Abstinence from the use of controlled substances and/or alcohol for not less than two years if the criminal conviction
was attributable in part to the use of a controlled substance and/or alcohol.
(g) Payment of any fine imposed in connection with the criminal conviction that is the basis for revocation or suspension
of the license.
(h) Correction of business practices responsible in some degree for the crime or crimes of which the licensee was
convicted.
(i) New and different social and business relationships from those which existed at the time of the commission of the
acts that led to the criminal conviction or convictions in question.
(j) Stability of family life and fulfillment of parental and familial responsibilities subsequent to the criminal conviction.
(k) Completion of, or sustained enrollment in, formal educational or vocational training courses for economic self-
improvement.
(l) Significant and conscientious involvement in community, church or privately-sponsored programs designed to
provide social benefits or to ameliorate social problems.
(m) Change in attitude from that which existed at the time of the commission of the criminal acts in question as
evidenced by any or all of the following:
(1) Testimony and/or other evidence of rehabilitation submitted by the licensee.
(2) Evidence from family members, friends and/or other persons familiar with the licensee's previous conduct and
with subsequent attitudes and/or behavioral patterns.
(3) Evidence from probation or parole officers and/or law enforcement officials competent to testify as to licensee’s
social adjustments.
(4) Evidence from psychiatrists, clinical psychologists, sociologists or other persons competent to testify with regard
to neuropsychiatric or emotional disturbances.
(5) Absence of subsequent felony convictions,or misdemeanor convictions, or other conduct that provides grounds
to discipline a real estate licensee, which reflect an inability to conform to societal rules when considered in light
of the conduct in question.

2915. Petitions for Removal of License Discipline Information from Department Internet Posting
(a) This section establishes the process and standards for a petition by a current licensee, as defined by section 10011
of the Code, seeking removal of license discipline information from the Department internet website (“the website”) for
license discipline with an effective date more than ten (10) years prior, pursuant to section 10083.2 of the Code.

(b) A petitioner must submit the following information before the Department considers the petition complete:
(1) A list of petitioner’s criminal convictions since the date of the most recent Department imposed license
discipline for which the petitioner seeks removal from the website, including information on the date of the
court action and identifying the court and jurisdiction of where the conviction occurred.
(A) “Conviction” includes all state, commonwealth, possession, federal, military, and foreign convictions.
“Conviction” includes a verdict of guilty by judge or jury, a plea of guilty, of nolo contendere, or of no
contest. A petitioner must disclose all convictions whether the plea or verdict was set aside, the conviction
against the petitioner was dismissed or expunged, or if the petitioner was pardoned.
(B) For the purposes of this petition process, “Conviction” does not include:



(i) Convictions for infractions.
(ii) Convictions under section 11357(b), (c), (d), or (e) of the Health and Safety Code, or under section
11360(b) of the Health and Safety Code, if more than two years have passed since the date of the conviction.

(2) A list of all petitioner’s professional license discipline since the date that the Department imposed the most
recent license discipline action for which the petitioner seeks removal from the website. Disclosed license
discipline must include surrender of a license whether or not an investigation was pending, whether in California
or elsewhere. Each item on this list must include the date of discipline, the license type, and the jurisdiction in
which the discipline was ordered.
(3) A list of all criminal, civil, or license discipline actions currently pending against petitioner, including the
jurisdiction in which the action is pending.

(4) A signed attestation by the petitioner that petitioner certifies (or declares) under penalty of perjury under the
laws of the State of California that the information provided as part of the petition is true and correct.
(c) A petitioner must submit all the following items before the Department considers the petition complete:

(1) A petitioner must submit the fee amount of $1,275.00 with each petition. This petition fee is deemed earned
by the Department upon receipt and not refundable. A petitioner may petition concurrently, when eligible, for
reinstatement of a license, or for removal of restrictions from a license, without additional charge. A petitioner
may request removal of more than one eligible discipline action from the website with a single petition, without
additional charge.

(2) A petitioner, or a broker-officer of a corporate petitioner, who resides in California must submit a completed
copy of a Live Scan Service Request, Form RE 237 (Rev. 7/18), hereby incorporated by reference, completed
not earlier than 30 days before the date of submission of the petition to the Department.

(d) Section 10083.2 of the Code requires the petitioner to provide evidence of rehabilitation to the Commissioner
indicating the posting of discipline is no longer needed to prevent a credible risk to members of the public. A petitioner
may provide with the petition copies of any documentary evidence that supports petitioner’s claims regarding
rehabilitation, including, but not limited to, documentation evidencing expungement of criminal convictions and
documentation of completed restitution, if applicable.

(e) The criteria for rehabilitation set forth in section 2911 of these Regulations will apply where a petitioner seeks
removal of discipline information from the Department’s website stemming from a Statement of Issues or where
petitioner’s license discipline stems from an original application for a license. The criteria for rehabilitation set forth in
section 2912 of these Regulations will apply where a petitioner seeks removal of discipline information from the
Department’s website stemming from an Accusation, surrender of a license, or other discipline actions ordered by the
Commissioner except for a Statement of Issues.

(f) In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk
to the members of the public since the posting of discipline requested for removal. The Commissioner shall consider,
when assessing the credible risk to members of the public utilizing licensed activity by the petitioner, any evidence
gathered from an investigation that reflects on petitioner’s propensity to honestly and fairly engage in activities requiring
a real estate license. For purposes of
(1) Petitioner is currently registered pursuant to the provisions of section 290 of the Penal Code.

(2) Petitioner is currently on probation or parole.
(3) Petitioner’s license is currently subject to restrictions, and a concurrent petition to remove those restrictions
is not granted.

(4) There is any professional license discipline on petitioner’s Department record that is based on an offense
that resulted in harm to a client or other consumer in a real estate transaction.



(5) Petitioner does not make himself or herself reasonably available for interview by the Department
investigator in the course of the petition investigation.
(6) Petitioner has not reimbursed the Department for payments made from the Consumer Recovery Account
associated with a claim filed wherein the petitioner was the judgment debtor.

(g) If the Commissioner grants the petition after investigation, the Commissioner will order removal of the eligible
discipline item or items from the licensee’s entry in the Public License Information feature on the website.
(h) If the Commissioner denies the petition for removal of discipline from the Public License Information website
feature, the petitioner may not submit a new petition for a minimum of one year from the effective date of the denial.

Article 18.6. Monetary Penalty in Lieu of Suspension