California Law Ab 2138 Seeks to Remove Barriers for Occupational Licensing for the Roughly 8 Million Californians Living with Criminal Records

Posted on May 21, 2019

Last September, former Governor Jerry Brown signed into law Assembly Bill 2138, a law that seeks to remove barriers for occupational licensing for the roughly eight million Californians living with criminal records. Under the new law, a licensing board cannot revoke, deny or suspend a license due to an individual’s past criminal convictions if the conviction is older than seven years, or it is not substantially related to the duties and functions of the occupation at hand. These changes do not apply, however, to felonies, sex offenses or relevant financial crimes. Before AB 2138, if an individual was convicted of

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What Does a Professional License Attorney Do?

Posted on May 7, 2019

Have you run into trouble with your occupational license and need assistance? If so, you need to seek the counsel of a knowledgeable, professional license defense attorney. But, you may be wondering, what is a professional license attorney and what do they do? Professional license attorneys are lawyers who practice administrative law, a type of law that deals with the regulation and operation of procedures within government agencies. As occupational licenses are handled and overseen by governmental boards, a professional license defense lawyer is primarily an administrative law attorney who focuses on matters regarding occupational licensing. In California, over 200 job roles

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I’m Facing a Board Hearing for My License: What Can I Do?

Posted on April 29, 2019

Has your licensing board launched a disciplinary investigation against you? If so, it’s likely that if settlement is not reached you’ll be facing a board hearing. These trial-like proceedings occur to help the licensing board or Administrative Law Judge (ALJ) come to a resolution in your case, and they can be an intimidating experience. The team at Unlock Legal, an Orange County Professional License Defense firm, wants you to know that there are steps you can take to prepare for your appearance. Contact a Professional License Defense Attorney It’s imperative that you reach out to an experienced license defense attorney

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My Nursing License Has Been Revoked; Can It Be Reinstated?

Posted on April 23, 2019

It’s a situation that has many licensed professionals stressed and filled with anxiety – when something you have done or failed to do, led to the suspension or revocation of your professional license. The team at Unlock Legal has worked on behalf of suspended nurses to get their nursing license reinstated faster.  We’ve also helped nursing students who have prior convictions secure a license when a board told them that it wouldn’t be possible. Why Do Nursing Licenses Get Revoked? The nursing board can revoke a nurse’s license for a variety of reasons. Some of the most common reasons include

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What is an Administrative Hearing with a Licensing Board?

Posted on April 23, 2019

If you’ve been accused of professional misconduct and are facing disciplinary action, you will have to appear before your licensing board for an administrative hearing. An administrative hearing, also referred to as a board hearing, is a trial-like court proceeding that takes place before a governmental agency or regulatory board. Although hearings are similar to traditional criminal or civil court trials, they differ in that they are almost always conducted as bench trials. The Unlock Legal team, an Orange County, California professional license defense firm, wants you to understand all of the components of an administrative hearing: What Happens During

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Stipulated Settlement

Posted on October 18, 2018

The first place my clients usually hear about the opportunity for a Stipulated (negotiated) Settlement is in the Statement to Respondent. The Statement to Respondent notifies the Respondent that they can contact the attorney for the Board or the Agency to negotiate a settlement offer. In addition, the Statement to Respondent suggests that obtaining legal counsel is optional and not necessary. From a licensing lawyer’s point of view, attempting to negotiate with the attorney for the Board or Agency without a lawyer is like representing yourself if you had a DUI charge in criminal court. You can do it, but

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The Notice of Defense

Posted on October 18, 2018

The Notice of Defense is a legal document that comes with an accusation or denial. Licensees and some license applicants may submit it to their licensing board to preserve their right to a hearing after receiving an accusation or denial. If the Notice of Defense is not filed timely the licensing agency can take the licensee or the license applicant’s default. A default means the harshest sanction possible - a revocation or a license denial - is imposed. Government Code section 11506 sets forth the functions of the Notice of Defense. Per the Code, the Notice of Defense is a

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The Accusation

Posted on October 18, 2018

The Accusation is the legal document that initiates the formal disciplinary proceedings against a California licensee. I always tell my clients that it is analogous to a criminal complaint which, once filed, starts the criminal proceedings against the accused. The Accusation gives the licensee notice of what the licensing agency is seeking and why. The Government Code tells us that an accusation is a written statement which sets forth in ordinary and concise language the acts or omissions with which the licensee has been charged, to the end that the licensee will be able to prepare his defense. Generally, however,

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Statement to Respondent

Posted on October 16, 2018

Many of my clients come to me after they receive that big manila envelope in the mail from their licensing body (often after a criminal conviction has occurred.) They can’t believe that the hits just keep on coming. The envelope is filled with legal documents. The document discussed in this blog post is the Statement to Respondent. This form is a notice intended to educate a licensee or license applicant about their most important rights and obligations. A Statement to Respondent Must Contain (1) the obligation to request a hearing within 15 days or default; (2) that you can ask

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Appealing Your Pharmacy License Denial

Posted on July 7, 2018

All pharmacy technicians within the state of California must be licensed to practice as a professional. However, there are some circumstances in which your application for a license may be denied. A few reasons you could be denied a license include: Lying on your application Leaving information out of your application Having a criminal record If your pharmacy license was recently denied, there is still something you can do. You have the right to appeal the denial of the license within 60 days of notice. How Do I Start the Appealing Process? Within 60 days you must submit a written

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