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How is a PC490.5(a) handled & how long to get it off my record to keep from impacting me from obtaining my professional license?
Anonymous9 views3 answers
I made a completely ignorant choice and mistake. I am almost 30 and a pregnant (7months) I have been going in and out of periods of depression and if you've ever been pregnant the changes are not always beautiful in the eyes of the one who is pregnant. On top of which I have been unemployed for almost 2 years BUT I have been in school since unemployed to be a Respiratory Therapist which I get my degree in July. Which just adds to a stressful and depressing situation.
Well I took some makeup from wal-mart and the police came and gave me a ticket for a misdemeanor 490.5(a). This is my first offense of anything!! This can ruin my chance of getting my RT license for good and I scared to go to jail!! How can I get it off my record or prevent it from going on it? And how is this charge handled?
You are right to be concerned about the consequences of this matter for your planned license from California's Respiratory Care Board. RCP, like all California licensing agencies particularly in the health care fields, takes a very harsh position with respect to theft offenses because these licensees routinely treat people who are physically impaired and therefore cannot protect their personal property from theft.
The application for RCB licensure requires that you disclose this matter if charges are brought against you. It may be that you have a disclosure obligation even if charges are not filed -- I cannot make that determination based on the summary of facts in your post.
You absolutely need a skilled criminal defense attorney, one who is sensitive to the consequences of this matter to the issue of State licensure. You cannot pre-empt the actions of the State licensing authority through any plea or disposition in criminal court, but some case results are better than others for licensing purposes. Be sure to explore deferred entry of judgment and P C Sec 1385 dismissal, as well as acquittal by trial.
You need to expect that your application for license will be initially denied and you will need to appeal through the administrative appeals process. You will need counsel. Contact an experienced occupational licensing law attorney before you submit your application for license to RCB for assistance in drafting the required disclosure and, especially, the narrative statement.
It is important to have no other criminal matters between now and the time you apply for license. That includes infractions and even traffic tickets. Expect that your State license will take longer than it would without this matter on your record; you will need to expend some funds in attorney fees; and you may be required to begin your career with a probationary license, depending on the underlying circumstances and the ultimate disposition of the present case. But licensure by RCB is possible if you are willing to meet the Board's reservations.
Here is a link to RCB rules and standards for denial of licenses based on improper acts: http://www.rcb.ca.gov/applicants/lawsregs_disciplinary.shtml
Well since the police were called, the bad news is that the criminal justice system has activated, which means the arrest is already on your record (most likely). The best you can do now is to either hope that the DA doesn't file, or hire an attorney to affirmatively contact the DA on your behalf and try to mitigate things (please note: Don't try to do this yourself, you'll only make things worse). Once the case is over, you can apply for a post conviction dismissal (assuming you are convicted of anything), however California does not have a true expungement process. What effect this has on your licencing I don't know - Ms. McCall who regularly posts on here is the person to ask about that.
Both of my colleagues are correct. You need an attorney to navigate this sitauation for you. Often times these matters can be resolved through an alternative sentence or dismissal. Call me with any questions. You must do everything to protect your licensing requirments.
Andrew Roberts
(805) 496-7777
