Will I be able to get a CPA license in CA with Shoplifting misdemeanor DEJ background?

Criminal Defense 3 views 4 answers
I stole over $1000 value of goods at the department store and get caught in 2007. Fortunately, My criminal defense lawyer was able to reduce it to misdemeanor from the felony (Value was too high), and entered in to Deferred entry of judgement since it was my first offense. Now, I am preparing to take CPA tests, and I am aware that I will have to disclose my criminal record and finger prints once I pass all parts. I feel like I want to remove my finger prints if I can and regret my stupid mistake every single day which is too late... I want to know how severe my record will affect my cpa licensure, and also want to know what field of lawyer I can get help from.

Attorney Answers

4
Joseph Dane ·
You're right to be concerned - and that failure to disclose could be worse than the disclosure. I'd strongly suggest you speak directly with an attorney that deals with professional licensure. They can best advise you regarding what must be disclosed, the true impact of your case and how to best proceed. Feel free to shoot me an email and I'll giv you a couple of referrals.
0 upvotes
Christine Mccall ·
Do NOT file any documents with the California Board of Accountancy (or any other entity) that fails to disclose ANY required information re your bid for licensure. All such docs --including application for testing, for admission to professional programs, etc, -- stand as a record that WILL be accessed by BoA as an integrity test. Disclosures will be considered purposeful deceptions and excuses about forgetting, lack of clarity about the instructions, not understanding the obligation, etc., have all been tendered a million+ times and are not believed. Deceptions in licensing process are far more serious for application purposes than a prior shoplift can be. Consult with a licensing law attorney for sound advice as to what you are required to disclose and how best to disclose it. The DEJ affords you some protections that make the disclosure statement a tricky assignment. You may be able to obtain the license notwithstanding the prior theft matter, even though BoA, like most CA licensing agencies, is purposely very harsh about theft history. State law DEJ protections insulate you from a denial of license based on the conviction -- but you are not protected from a denial based on the dishonest acts. But BoA would need to prove the theft by direct evidence (not by criminal history records) and that can be expected to very difficult after 5 years. So: expect to be denied initially; file a timely appeal of the denial (very short timeline -- don't mess that up); and then demand a hearing. BoA should buckle. BoA may offer a restricted or probationary license, but if you stick to your guns and demand full license, you may well succeed. You may want to retain counsel to navigate this application through for you. Crafting an appropriate statement for the license application will be challenging.
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Lewis Robert RosenblumCriminal Defense AttorneySanta Ana, CA ·
I agree with the above two answers. Try not to despair, things have a way of working out. I have had several clients in your situation and things worked out fine for them. You would be surprised at the number of people in a similar situation as you. Many local license agencies even have programs you can attend to work yourself back into good graces in their eyes and prove you are worthy of licensing. I echo the response of the two previous lawyers, oftentimes the cover-up is worse. It is important you be honest if you want people to consider you honest. Good luck, I also agree with Mr. Dane that an attorney practicing in the field of state licensing would be your best best.
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Andrew Roberts ·
Contact attorney Christine McCall!
0 upvotes

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