October 13th, 2023 by admin
An application for an Occupational License where there is a past criminal history, either Felony or Misdemeanor that occurred within the past 10 years need to be disclosed in the Personal History Questionnaire form even if you were pardoned, pled nolo contendere or the conviction was later expunged from the record of the court or set aside under California Penal Code 1203.4, you must disclose the conviction which is from the date of conviction or date of incarceration release.
If there are any outstanding charges pending in any jurisdiction even though no judgement or sentence has been imposed, must also be disclosed. DUI convictions or traffic offenses are excluded from disclosure.
Exception to these disclosures: applicants whose conviction for violation of California Health and Safety Code 11357(b)(c)(d) and (e) or 11360(b) if the conviction is more than two years old.
If there is a “yes” to question 9 or 10 on the personal history questionnaire the applicant will be required to list:
- The date of conviction
- Crime you were convicted of
- Misdemeanor or Felony
- Court of Jurisdiction
- Amount Fined, Term of Probation, Jail or Prison Term, Date Released
To make the process and review of the application process expedited, submit the following with an application:
- Certified copy of the arresting agency report
- Certified copy of the court documents
- CPC 123.4 – expungement of your conviction(s)
- Receipts for court ordered restitution, fines and fees
- Evidence of completion of a drug/alcohol abuse program
- Character Letters
Failure to disclose this information is grounds to deny issuance of a license by DMV.
In the above instances, where there is disclosure of a Felony or Misdemeanor, an abbreviated application may be submitted for review by the department. The forms necessary for this review are:
- Application for Original Occupational License (Part C – OL12)
- Original Application for Occupational License (OL21A)
- Application for Occupational License Personal History Questionnaire (OL29B)
- Request for Live Scan Fingerprint (DMV 8016)
- Copy of California Secretary of State: Statement of Information (Corporations or LLC)
- $175 Processing Fee – Nonrefundable
The use of criminal convictions to deny an occupational license, whether Class A, Class B, or Class C, depends to a large degree on when the convictions occurred in relationship to the date of the license application.
Below is a list which categorizes convictions as A, B or C
Class A Crimes:
- 67 P.C. Giving or Offering Bribes to an Executive Officer
- 67.5 P.C. Offering Bribes to Public Officers or Employees
- 118 P.C. Perjury
- 136.1 P.C. Prevent, or Dissuade a Victim Witness
- 182 P.C. Criminal Conspiracy
- 187 P.C. Murder 203 P.C Mayhem
- 207 P.C. Kidnapping
- 209 P.C. Kidnapping for Gain or To Commit Robbery or Rape
- 211 P.C. Robbery 215 P.C. Carjacking
- 220 P.C. Assault with Intent to Commit Mayhem or Specified Sex Offenses
- 245 P.C. Assault with Deadly Weapon (Where facts & circumstances show substantial bodily injury or loss)
- 246 P.C. Shooting at an Inhabited Dwelling or an Occupied Vehicle
- 261 P.C. Rape
- 288 P.C. Lewd or Lascivious Acts with a Child Under 14 314 P.C. Indecent Exposure (This is only classified Class A, if it is for a Driving School or a Traffic Violator School licensee)
- 451 P.C. Arson
- 459 P.C. Burglary
- 470 P.C. Forgery
- 475 P.C. Fraudulent Possession or Receiving of Forged or Unfinished Bills or Notes
- 477 P.C. Counterfeiting
- 487 P.C. Grand Theft
- 496 P.C. Receiving or Concealing Stolen Property
- 503 P.C. Embezzlement 518 P.C. Extortion
- 530.5 P.C Unauthorized use of personal identifying information (Identity Theft)
- 653(f) P.C. Soliciting the Commission of Certain Crimes
- 666 P.C. Petty Theft with a Prior
- 4324(a) B&P Forgery or Alteration of a Prescription
- 25100 Corp. Offering or Selling Unqualified Securities
- 25401 Corp. Untrue Statement or Omission in Sale of Security
- 25541 Corp. Fraud or Deceit in Connection with the Purchase or Sale of security
- 11351 H&S Possession of a Controlled Substance, Narcotic, for Sale
- 11352 H&S Transport/Sale of a Controlled Substance
- 11358 H&S Plant/Cultivate Marijuana/Hashish (If underlying facts indicate the cultivation was for the purpose of selling)
- Cite 11360 H&S Crime Transportation, Importation, Sale, or Gift of Marijuana
- 11361 H&S Transportation, Sale, or Distribution of Marijuana by or to a Minor
- 11378 H&S Possession of a Controlled Substance for Sale
- 11379 H&S Transportation, Sale, or Distribution of a Controlled Substance
- 11383 H&S Possession of Specified Combinations of Substances with the Intent to Manufacture Controlled Substance
- 550 P.C. Presentation of False/Fraudulent Insurance Claim
- 2101 U.I. False Statement to Obtain Unemployment Benefits
- 20 V.C. Use of False Information on Documents to DMV or CHP (May also be a Class B crime)
- 4463 V.C. Forge/Alter a Vehicle Registration
- 10501 V.C. False Report, of a Vehicle Theft with the Intent to Deceive
- 10851 V.C. Taking a Vehicle without the Owner’s Consent
- 28051 V.C. Odometer Tampering
- 10980 W&I Obtaining Public Assistance by Fraud
Class B Crimes
- 32 P.C. Accessory (May also be a Class A crime depending on the facts and circumstances)
- 192 P.C. Manslaughter
- 236 P.C. False Imprisonment
- 332 P.C. Obtaining Money or Property by Fraudulent Game or Trick
- 396.5 P.C. Unlawful Use of Food Stamps
- 422 P.C. Making Terrorist Threats (May also be a Class A crime)
- 466 P.C. Possession of Burglary Tools
- 476 P.C. Non-Sufficient Funds/Checks (May also be a Class A crime)
- 485 P.C. Appropriation of Lost Property by Finder
- 488 P.C. Petty Theft 499 P.C. Taking a Vehicle for Temporary Use
- 529 P.C. False Personation to Make Another Liable
- 532 P.C. Making False Financial Statement (May also be a Class A crime)
- 537 P.C. Defrauding Providers of Food, Fuel, Services, or Accommodations (May also be a Class A crime) 646.9 P.C. Stalking
- 20 V.C. Use False Information on Documents to DMV or CHP (May also be a Class A crime)
- 10852 V.C. Tampering with a Vehicle
- 148 P.C. Resisting Arrest
Class C Crimes:
- 148.5 P.C. False Report of a Crime
- 241 P.C. Assault on a Peace Officer
- 314 P.C. Indecent Exposure (This is classified as a Class A, if for a Driving School or a Traffic Violator School licensee)
- 452 P.C. Unlawfully Causing a Fire
- 594 P.C. Vandalism
- 602 P.C. Trespassing
- 603 P.C. Destruction of Property Within or About a Dwelling House
- 647.6 P.C. Annoying or Molesting Children (This is classified as a Class A, if for a Driving School or a Traffic Violator School licensee)
- 653(m) P.C. Threatening or Annoying Telephone Calls
- 12025 P.C. Carrying a Concealed Weapon in Vehicle
- 12031 P.C. Carrying a Loaded Firearm in Public
- 12090 P.C. Tampering with Marks on Certain Firearms
- 12303 P.C. Possession of a Destructive Device
- 7028 B&P Contracting without a License
- 11550 H&S Using or Being Under the Influence of a Controlled Substance (Classified Class A, if for a Driving School or Traffic Violator School licensee)
Class A Crimes
A single conviction within the last five (5) years will almost always result in denial of an occupational license, even if terms and conditions of parole or probation have been complied with. One of the few exceptions to this rule would be where the applicant has received a Penal Code section 1203.4 dismissal.
A conviction for a single Class A crime which occurred more than five (5) years from the date of the application for occupational license should not be viewed as requiring an automatic denial of a license or the granting of a probationary license. An attempt to determine whether the applicant, although having committed a serious crime, has attempted and successfully achieved rehabilitation.
Class B Crimes
A single Class B crime within three (3) years from the date of the application for occupational license requires the exercise of judgment. If the conviction is within three (3) years from the date of the application, failure to disclose it on the application should result in a license denial.
A conviction for a single Class B crime which occurred more than three (3) years from the date of the application the focus should be on determining whether the applicant, although having committed a crime, has attempted and successfully achieved rehabilitation.
Class C Crimes
A conviction for a single Class C crime within the last three (3) years from the date of the application for occupational license again (like a Class B crime) is an area which requires the exercise of judgment. Certain Class C crimes that do not involve crimes of moral turpitude as a matter of law pose problems with license applications.
Upon the review of an abbreviated application, the Department can determine the required action and recommendation, either:
- A license is granted with no restriction.
- A license is granted on a probationary basis.
- A license is denied.
If an application is denied by the department, the applicant has the right to a hearing in front of an Administrative Law Judge, the appropriate documents will need to be completed requesting a hearing.
This article is not intended to give legal advice. If legal advice or assistance is required, the services of a competent professional should be obtained.
Reference in part: Department of Motor Vehicles Occupational Licensing & Disciplinary Guidelines
Posted in: Auto Dealer Business