Restrictions on State Agencies From Utilizing Convictions and False Statements

Effective July 1, 2020, AB 2138 becomes operative as law in California (approved and signed by the Governor 9/30/18), as follows:

Under current law, the licensing and regulation of various professionals and occupations fall within the Department of Consumer Affairs. These state agencies are empowered to take disciplinary action against a licensee, including to deny an applicant a license, or suspend and/or revoke an existing license or on various specified grounds, including but not limited to one having been convicted of a crime. However, they cannot take any such action in the case of a felony the defendant has obtained a certificate of rehabilitation, and/or the person has been convicted of a misdemeanor if (s)he has met the applicable agency requirements of rehabilitation.

In addition, each agency has been mandated to develop objective criteria to consider regarding a denial, suspension, or revocation of a license to determine whether a crime is substantially related to the qualifications, functions, or duties of the business or profession as well as the criteria to evaluate the rehabilitation of any such individual or business.

The above referenced new law places restrictions on a State Agency in denying, suspending or revoking a license to those cases in which the criminal conviction took place within the preceding seven (7) years from the date of application. Moreover, an individual cannot be denied a license based upon the underlying acts surrounding the conviction if the conviction was dismissed or expunged; the individual has provided evidence of rehabilitation; the person was granted a pardon or clemency; or if an arrest resulted in a disposition other than a conviction.

Current law gives a State Agency the authority to deny a license on the grounds that an applicant knowingly made a false statement of fact that is required to be revealed in the application for a license. However, the new law prohibits an agency from denying a license because of false statements made in an application solely on the failure to disclose a fact unless the disclosure of the fact itself would have been cause for denial of the license.

Some have opined this law should have been enacted long ago; and, it should have been made effective July 1, 2019 rather than 2020.

SUPERIOR ADVOCACY

How does one define the role of a lawyer? What are your expectations? Do you want an average lawyer or a truly great attorney? Here is a list of questions you might want to ask yourself and the lawyer with whom you consult:

  1. Do you want a lawyer who is pro-active, meticulous and believes in YOU?
  2. Are you intent on seeking the advice of a highly regarded attorney with boundless experience; superior knowledge and skills; is smart and knows how to persuasively articulate the case on your behalf?
  3. Do you place more value on the fees and cost of the lawyer, or are the primary factors both the direct impact of the case and the unintended consequences, now and in the future?
  4. Using objective criteria, one can read about the rating for the attorney; client reviews; attorney endorsements; full resume, including the nature, frequency and number of total and recent awards.
  5. Do you have the utmost trust and confidence in the lawyer with whom you consult, seek legal advice and representation? One of the ways to determine the character, expertise, history, and winning results can be evaluated by viewing the description and details at, and click the following link as it regards the author, on www.Avvo.com, which is a national legal directory that provides profiles of nearly every lawyer in the United States.
  6. Does your selection of an attorney also encompass whether the lawyer has respect for YOU as a valued individual, instead of  you just being another “case?”
  7. Does the lawyer have a genuine care and appreciation of YOU and your legal issue(s)?
  8. Do you want to retain a lawyer who works long and hard to solely refute, dispel or deny wrongdoing?
  9. Would you prefer a lawyer who not only does the obvious by presenting a thorough defense, but also pursues a comprehensive “offense,” which can involve a painstaking effort to marginalize the charges, allegations, as well as the inferences and conclusions?
  10. Is the attorney mindful of YOUR best interests?
  11. Despite the huge responsibilities a lawyer has to protect your rights and advance your interests, do you want an attorney who not only creates an action plan for himself/herself, but gives YOU a detailed roadmap and plan of action that focuses on what is best about YOU; your redeeming qualities; and, who involves you as an integral part of the “team,” instead of you not being actively involved?
  12. Do you want a lawyer who takes a huge number of cases (as an assembly line) and, therefore, does less on each one and charges less? On the other hand, many clients’ primary goal is to have a lawyer who has a deep commitment, is hard working, considers the advantage of a thorough investigation, research, analysis, strategizing, and has an online presence establishing their proven record.

In summary, take sufficient quality time to research the lawyer you are considering, focus on the impact the outcome can have on YOU now and in the future, rather than solely upon the costs in retaining an attorney. This situation may be a defining moment in YOUR personal and professional life. Give a great deal of weight to the objective facts set forth in the lawyer’s ratings,  attorney’s integrity,  respect by other lawyers and admiration by the countless past and current clients who have provided consistent testimonials month after month, year after year to document the knowledge, experience, skills, concern, and overwhelming energy, along with documented and proven results. Your family, friends, associates, and particularly YOU deserve superior advocacy.

Rehabilitation of Inmates and Prisoners

When we go back in history, there was a time when those incarcerated would receive vocational training, such as wood shop, electric shop, metal shop, upholstery, plumbing, gardening, and most importantly learn any other skill that would increase their basic knowledge, enhance their self esteem, provide an opportunity for a more positive transition to life outside of prison or jail, and decrease recidivism.

Unfortunately, as the budgets for nearly everything else seem to have increased, the amount allocated to skills building activities within the penal system has substantially decreased and to some extent has become nonexistent.

Recently, with the devastating wildfires, inmates have been allowed to volunteer to assist in fighting these catastrophic disasters throughout California. It has been reported the savings to taxpayers has been in the millions of dollars. Inmates get paid a $1. an hour for fighting the fires, and two days off their sentence while serving in this capacity (in contrast for one day off a sentence for each day of good behavior.

Some commentators object to this policy as they believe the prisoners are being treated as a “captive labor force.”Although there are clearly disadvantages to the utilization of inmates to fight wildfires, there are countless proponents who believe the benefits far outweigh any drawbacks.

Only more time and continued [forensic] studies will produce reliable data evidencing the nature and extent of support and/or activities associated with time spent in prison or jail greatly enhance an inmate’s knowledge, social, physical, vocational, emotional and other positive skills, contributing to unprecedented levels of rehabilitation.

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