Can A Registered Sex Offender Get A Contractors License

Building contractors in California risk having their license suspended or revoked if convicted of certain criminal offenses. A conviction will trigger contractor discipline if it is for a law-breaking that is "essentially related" to the qualifications, functions, or duties of a contractor. This typically includes crimes of fraud, theft, or violence.

Likewise, people applying for a contractors' license may get rejected for having committed a offense within the last seven years, provided that the offense was substantially related to contracting. Further, the California Contractors State License Board (CSLB) may decline applicants for having committed either of the post-obit offenses (fifty-fifty if more than seven years take passed):

a serious offense (such equally murder, rape, or grand theft),
a sexual activity offense which requires Tier 2 or Tier Three sex offender registration, or
a financial felony related to contracting.

Before the CSLB tin can take disciplinary activeness against a contractor, the convicted contractor is entitled to appear at an administrative hearing before an administrative law estimate.

During the hearing, the judge considers some of the following factors when determining if discipline is advisable:

the specific California lawmaking section that the contractor violated,
a clear description of the crime committed, and
the contractor's explanation of the criminal offence.

A estimate will normally recommend field of study if the Board tin prove, past "clear and convincing" evidence, that the contractor is non fit to hold a contractor'southward license. Annotation that this is a lower burden of proof than the "across a reasonable incertitude" standard used in a California criminal trial.

If, after a hearing, the CSLB suspends or revokes a contractor's license, he/she can file for reinstatement.

Our California criminal defense attorneys volition highlight the following in this article:

A contractor's work table.

The California Contractors State License Board may reject applicants for having committed certain offenses.

1. Who regulates general contractors in California?

The Contractors State License Lath (CSLB) regulates engineering science contractors, general edifice contractors, and specialty contractors in California. CSLB has a xv-member board, and an executive officeholder chosen the Registrar of Contractors.

Housed inside the California Department of Consumer Diplomacy, CSLB has a mission to protect building and structure manufacture customers and homeowners from unscrupulous, irresponsible, and dangerous contractors.

The agency administers the Contractors' Country License Law and related authoritative regulations.^one

CSLB licenses over 300,000 contractors in 43 nomenclature categories such as concrete contractors, parking and highway comeback contractors, and contractors of swimming pools.

Nether California Business concern & Professions Lawmaking 7028, contracting without a license is a misdemeanor criminal offense.²

2. Tin I learn a California contractor's license if I have a criminal record?

Mayhap. The CSLB may generally grant licenses to applicants with a criminal conviction within the past seven years, as long equally the offense is not substantially related to the qualifications, functions, or duties of being a contractor.³

An offense is "essentially related" to contracting if it implicates a contractor'southward power to perform contracting work in a safe and responsible manner.⁴

Examples of offenses that may lead to the denial of a license are:

violations of the Contractors' State License Law,
crimes involving dishonesty, fraud, deceit, or theft,
crimes involving physical violence confronting persons,
crimes that indicate a substantial or repeated condone for the health, safety, or welfare of the public,⁵ and
violations of California Penal Code Section 396 (taking advantage of the public during emergencies similar earthquakes or fires).^half-dozen

If an applicant received a substantially related confidence inside vii years from the engagement of applying for a license, the person may nonetheless receive a license if he/she tin can present evidence of rehabilitation.^vii

The Registrar will consider a number of factors in determining whether a contractor or bidder has been rehabilitated from his or her crime, including the time that has elapsed since the conviction.⁸

With regards to felony convictions occurring within 7 years of an application, an applicant may be considered rehabilitated then long every bit in that location has non been any boosted criminal activity.^nine

With regards to substantially related misdemeanor convictions, an applicant may exist considered rehabilitated so long as there has not been any boosted criminal activity within 3 years from:

the time of release from incarceration, or
completion of probation (if no incarceration was imposed).^x

CSLB will as well consider the post-obit in determining whether or not an bidder has been rehabilitated

the nature and severity of the law-breaking,
bear witness of any subsequent offense,
compliance with parole, probation, or restitution terms,
consistent work history subsequent to release from incarceration or completion of probation,
letters of reference,
evidence of expungement proceedings,
substance abuse counseling, and
anger management counseling.¹¹

iii. What about criminal convictions older than vii years?

The CSLB more often than not does non deny licenses to applicants with a conviction that is older than vii years. This is provided that the bidder successfully finished all the sentencing terms (such every bit paying fines or doing community service).

Nevertheless, in that location are exceptions to this dominion. The CSLB may nevertheless deny licenses to aspiring contractors if they have been convicted at any fourth dimension for either of the following serious offenses:

a crime which mandates Tier Two or Tier Three sex offender registration,
a felony financial crime that is directly and adversely related to the fiduciary qualifications, functions, or duties of contracting, or
a serious felony, as defined in Section 1192.7 of the California Penal Code.

Examples of serious felonies under PC 1192.7 include:

murder,
rape,
kidnapping,
mayhem,
forced sodomy, and
attack with a deadly weapon.¹²

A disqualified stamp.

The CSLB may brainstorm the disciplinary procedure confronting a licensed contractor if he/she is convicted of a offense that is "substantially related" to the qualifications, functions, or duties of a contractor.

4. Is a licensed contractor subject to discipline if bedevilled of a crime?

Nether California'south contractor's license laws, the CSLB may begin the disciplinary procedure confronting a licensed contractor if he/she is convicted of a crime.

This is true provided that the offense convicted of is "essentially related" to the qualifications, functions, or duties of a contractor.

The term "essentially related" has the aforementioned definition as set forth in Section 2 in a higher place.

"Convictions" include felony and misdemeanor convictions secured through:

guilty pleas and verdicts,
no competition pleas, and
even expunged criminal records.

The Registrar can act with respect to a confidence when:

the time for entreatment has passed,
the judgment of conviction has been affirmed on entreatment, or
an lodge granting probation is made suspending imposition of a sentence.¹³

v. What disciplinary action tin can the CSLB take?

If a licensed contractor is convicted of a crime that is essentially related to contracting, the result is usually either:

license intermission, or
license revocation.

But annotation that the convicted contractor is entitled to an administrative hearing before the CSLB tin have whatsoever form of disciplinary activeness. The hearing is conducted before an administrative law guess (ALJ) and is held at the Office of Administrative Hearings (OAH).

Under California law, an OAH administrative hearing is like a mini court trial, with:

opening and closing statements,
the presentation of evidence, and
witnesses.

During the hearing, the bedevilled contractor can present such evidence of:

the specific offense convicted of,
how the offense is non substantially related to contracting, and
rehabilitation.

A skilled defense attorney can represent a contractor at the hearing and present evidence on his-her behalf.

In improver, the Board at the hearing tin can nowadays prove of:

a substantial relation between the offense convicted of, and
a lack of rehabilitation.

The CSLB by and large must prove by "clear and disarming" evidence that the contractor is non fit to have his/her professional person license.¹⁴ If successful, then the contractor must testify that he/she is fit to be a contractor.¹⁵

About a month after the hearing concludes, the ALJ will make a recommendation to the CSLB virtually the contractor's license. This is called a "proposed decision."¹⁶

The proposed decision is given to the Registrar and usually suggests:

no disciplinary action, or
some class of action, typically either license break or revocation.

The Registrar can either:

prefer the decision,
modify it, or
enter a different determination.

Normally, the Registrar adopts the ALJ's conclusion.

6. What is the WRIT procedure?

The WRIT process under California State law is the process past which a convicted contractor tin can appeal the proposed determination and ultimate conclusion of the Registrar.

The contractor can file a Writ Petition xxx days after the Registrar makes his/her ultimate decision. The petition begins the appeals procedure.

The entreatment is heard past a California Superior Courtroom, which reviews all of the prove that was presented in the authoritative hearing.

The Courtroom will affirm the Registrar's decision if it finds that it is more likely than non that the Registrar fabricated a decision that was reasonable. Reasonableness is based upon the testify presented at the hearing.

vii. Can suspended contractors file for reinstatement of a contractor's license?

Yes. A contractor can file for reinstatement if his/her license was suspended or revoked past the CSLB.¹⁷

If the Board restores the contractor's license, the contractor must post a disciplinary bail/contractor bond of at least $15,000 before resuming as a contractor.¹⁸

The disciplinary bond is in addition to other bonds required past law.

For boosted help…

A hip young female receptionist.

Call united states for a complimentary consultation

If you are a contractor and are nether investigation past the CSLB, we invite you to contact our criminal defense business firm at the Shouse Law Group. Our attorneys provide both costless consultations and legal advice you lot tin can trust.

Our lawyers also correspond clients throughout California, including those in Los Angeles, San Diego, and Sacramento.