Section 2768 - Criteria for Rehabilitation(a) When considering the denial, suspension, or revocation of a registration pursuant to Division 1.5 (commencing with Section 475) of the Business and Professions Code on the grounds that the applicant or registrant has been convicted of a crime, the Bureau shall consider whether the applicant or registrant made a showing of rehabilitation, if the applicant or registrant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Bureau shall consider the following criteria: (1) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's or registrant's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified and the reason(s) for modification.(b) If the applicant has not completed the criminal sentence at issue without a violation of probation, the Bureau determines that the applicant did not make the showing of rehabilitation based on the criteria in subsection (a), the denial is based on professional misconduct, the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, or the denial, suspension, or revocation is based on one or more grounds specified in Sections 9841, 9853 or 9855.7 of the Business and Professions Code, the Bureau shall apply the following criteria in evaluating an applicant's or registrant's rehabilitation: (1) The nature and the severity of the act(s), professional misconduct, disciplinary action(s) or crime(s) under consideration.(2) The total criminal record, and evidence of any act(s), professional misconduct, disciplinary action(s) or crime(s) committed subsequent to the act(s), professional misconduct, disciplinary action(s) or crime(s) under consideration as grounds for denial, suspension, or revocation.(3) The time that has elapsed since commission of the act(s), professional misconduct, disciplinary action(s) or crime(s) under consideration.(4) Whether the applicant or registrant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant or registrant.(5) The criteria in subsections (a)(1) through (a)(5), as applicable.(6) Evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.(7) Whether the applicant or registrant 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.(8) Evidence, if any, of rehabilitation submitted by the applicant or registrant.(c) When considering a petition for reinstatement of a registration under the provisions of Section 11522 of the Government Code, the Bureau shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in this section.Cal. Code Regs. Tit. 16, § 2768
1. New section filed 2-14-75 as an emergency; effective upon filing (Register 75, No. 7).
2. New section refiled 8-7-75; effective thirtieth day thereafter (Register 75, No. 32).
3. Renumbering of Section 2703.2 to Section 2768 filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).
4. Amendment filed 12-22-82; effective thirtieth day thereafter (Register 82, No. 52).
5. Repealer and new section and amendment of NOTE filed 4-9-2021; operative 4-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 9814 and 9814.5, Business and Professions Code. Reference: Sections 475, 480, 481, 482, 488, 490, 493, 9841, 9853 and 9857.7, Business and Professions Code.
1. New section filed 2-14-75 as an emergency; effective upon filing (Register 75, No. 7).
2. New section refiled 8-7-75; effective thirtieth day thereafter (Register 75, No. 32).
3. Renumbering of Section 2703.2 to Section 2768 filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).
4. Amendment filed 12-22-82; effective thirtieth day thereafter (Register 82, No. 52).
5. Repealer and new section and amendment of Note filed 4-9-2021; operative 4/9/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.