Getting a professional licence with a record
California has one of the stronger licensing protections in the country for people with dismissed convictions, and a catch inside it that explains why a court order is worth more than free automatic relief.
The protection
Business and Professions Code section 480 says a board shall not deny a licence on the basis of a conviction, or the acts underlying it, that has been dismissed under the record-clearing statutes. It also says a board may not deny based on an arrest that did not result in a conviction, including an infraction, a citation or a juvenile adjudication.
What boards can still do
- Consider a conviction that has not been dismissed, where it is substantially related to the qualifications or duties of the profession.
- Consider professional misconduct independently of any criminal case.
- Act under specific statutes that apply to their own profession — care-facility and childcare authority is expressly preserved, and teaching credentials have their own mandatory denial rules.
- Require you to disclose when asked directly, because a dismissal does not relieve the duty to disclose on an application for state or local licensure.
'Substantially related' is the test that matters
Where a conviction has not been dismissed, the question is whether it is substantially related to the work. Each board publishes criteria. A theft conviction is substantially related to almost any role handling money; a decade-old disturbing the peace is substantially related to very little.
Do this before the programme, not after
The expensive mistake is completing a two-year programme and discovering the problem at the licensing stage. If you are considering a licensed profession, find out where you stand first. Most boards will not give a binding pre-determination, but their published criteria tell you a great deal.
Common questions
Do I have to tell a licensing board about a dismissed conviction?
Yes, if asked directly. Penal Code 1203.4 specifically preserves the duty to disclose on an application for state or local licensure. What the board may not do is deny you on that basis.
Is automatic relief enough for a licence?
Often not, in practice. If the relief does not show on the Department of Justice report the board can require proof of the dismissal, and automatic relief gives you no document to produce. That is the strongest reason to petition even when the State has already acted.
Which boards are hardest?
The ones with their own statutory rules: teaching credentials, anything in a licensed care setting, and roles involving vulnerable people. Those have mandatory denial provisions or preserved background authority that section 480 does not override.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.