California · Financial Code

FIN §3221: (a) An applicant shall not be denied a license on the basis of a criminal conviction, or on the basis of acts underlying a criminal conviction, if the convicted person has obtained a certificate of re

Civil

What this law says, in plain English

This statute prohibits licensing agencies from denying an applicant a license based on criminal convictions if the person obtained rehabilitation certification, clemency, pardon, or had the conviction dismissed. It also requires written notice of denial and appeal rights.

Read the full statutory text
(a) An applicant shall not be denied a license on the basis of a criminal conviction, or on the basis of acts underlying a criminal conviction, if the convicted person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or has been granted clemency or a pardon by a state or federal executive. (b) An applicant shall not be denied a license on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code shall provide the commissioner with proof of the dismissal if it is not reflected in the applicant’s criminal history record report. (c) An applicant shall not be denied a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or juvenile adjudication. (d) If an applicant is denied a license based solely or in part on conviction history, the applicant shall be notified in writing of all of the following: (1) The denial or disqualification of licensure. (2) The procedure for the applicant to challenge the decision or to request reconsideration. (3) That the applicant has the right to appeal the decision. (4) The processes to request a copy of the applicant’s complete conviction history and to question the accuracy or completeness of the record.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.