Applicants With Prior Criminal History

Having a prior criminal history does not preclude you from obtaining a license from the Respiratory Care Board of California (RCB). Each applicant for licensure must submit their fingerprints to the California Department of Justice and Federal Bureau of Investigation for a criminal history background check. Upon notification of an applicant’s criminal history, if any, the RCB will open an investigation to determine whether there is a basis to deny the application for licensure.

Effective July 1, 2020, the RCB’s authority to deny an application based on certain criminal convictions was restricted. (Business and Professions Code section 480)

Specifically, the RCB cannot deny an application on the basis of a conviction if:

• The conviction has been dismissed pursuant to Penal Code Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 (or another state’s equivalent). You may be asked to provide proof of this.
• The conviction(s) occurred more than seven years from the date of the application, or if the applicant was convicted of a crime and incarcerated, more than seven years from the time the applicant was released from incarceration.

NOTE: The preceding seven-year limitation shall not apply in either of the following situations:

• The applicant was convicted of a serious felony, as defined in Penal Code Section 1192.7.
• The applicant was convicted of a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Penal Code Section 290.

Unless restricted, the RCB may deny an application for licensure if the applicant was convicted of a crime substantially related to the qualifications, functions or duties of a respiratory care practitioner. In assessing a conviction, the RCB must consider whether the crime is substantially related to the respiratory care profession, and whether an applicant has made a showing of rehabilitation. California Code of Regulations section 1399.370 sets out the substantial relationship criteria used by the RCB to determine whether the crime is substantially related to the practice of respiratory care. California Code of Regulations Section 1399.372 sets out the criteria for evidence considered by the RCB in making a determination of rehabilitation.

Frequently Asked Questions

• What type of convictions am I required to disclose?

  You are not required to disclose any information regarding your criminal history. The RCB will receive your Criminal Offender Record Information (CORI) from the California Department of Justice once you complete Live Scan.

• What's the process for applicants with a prior criminal history?

  The RCB refers all applicants with a criminal history identified on their fingerprint results to the RCB's Enforcement Unit for review.

  The RCB will conduct a thorough investigation if an applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code and for criminal convictions that occurred within the preceding seven years from the date of application. During the investigation, the RCB will request and receive certified copies of arrest or investigation reports as well as certified copies of the court documents. The review of the application is dependent on receipt of these records. Depending on the agency, it may take several weeks for the RCB to receive the records.

  The RCB is responsible for obtaining all records relating to the applicant’s prior criminal history. Although the applicant is not required to, they may elect to provide the records directly to the RCB to help facilitate faster processing times. If the RCB indicates records are required, the applicant can submit the following:

  • A certified copy of the arrest or investigation report. This report must be obtained directly from the arresting or investigating law enforcement agency (e.g. police, sheriff, CHP, etc.).
  • A certified copy of the court documents. These documents must be obtained directly from the court and should include the original complaint, plea, minute order(s), and final disposition.
  • Current proof of compliance with probation may include, but is not limited to, participation in or completion of any drug and/or alcohol, anger management, domestic violence, or theft programs; payment of fees, fines or restitution; or completion of community service.
  • A certified copy of any official document showing the date of release from incarceration if ordered pursuant to a criminal conviction.

  Once the RCB completes its review, the applicant will be notified of the status of the application by mail and email.

• If I have a conviction, under what circumstances can my license be denied?

  The RCB may deny a license if the applicant has been convicted of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a respiratory care practitioner.

  There are two exceptions to the seven-year limitation. Convictions for these types of crimes can lead to a denial regardless of age.

  • A serious felony, as defined in Penal Code Section 1192.7.
  • A crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Penal Code Section 290.

• What crimes are substantially related to the practice of respiratory care?

  Pursuant to California Code of Regulations section 1399.370, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a respiratory care practitioner, if it evidences present or potential unfitness of a licensee to perform the functions authorized by his or her license or in a manner inconsistent with the public health, safety, or welfare.

  Substantially related crimes, professional misconduct or acts include but are not limited to those involving the following:

  • Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation of or conspiring to violate any provision or term of the B&P.
  • Commission of an act or conviction of a crime involving fraud, fiscal dishonesty theft, or larceny.
  • Commission of an act or conviction of a crime involving driving under the influence or reckless driving while under the influence.
  • Commission of an act or conviction of a crime involving harassment or stalking.
  • Commission of an act or conviction of a crime involving lewd conduct, prostitution or solicitation thereof, or pandering and/or indecent exposure.
  • Commission of an act or conviction of a crime involving human trafficking.
  • Commission of an act or conviction of a crime involving gross negligence in the care of an animal or any form of animal cruelty.
  • Failure to comply with a court order.
  • Commission of an act or conviction of a crime, involving verbally abusive conduct or unlawful possession of a firearm or weapon.
  • Commission of an act or conviction of a crime, of neglect, endangerment or abuse involving a person under 18 years of age or over 65 years of age, or a dependent adult, without regard to whether the person was a patient.

• What does the RCB consider when reviewing rehabilitation?

  Pursuant to California Code of Regulations Section 1399.372, the RCB will consider whether the applicant made a showing of rehabilitation, if the applicant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the RCB considers the following criteria:

  • The nature and gravity of the crime(s).
  • The length(s) of the applicable parole or probation period(s).
  • The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.
  • The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.
  • The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.

• What if I have been arrested, but I wasn’t convicted of anything?

  The RCB will not deny a license based on an arrest that resulted in an outcome other than a conviction. This includes arrests that resulted in an infraction, a citation, or a juvenile adjudication.

• What are my rights if my application is denied?

  If your application for licensure is denied, the RCB must notify you in writing. You have the right to appeal this decision. A denial letter will include the RCB’s procedure for appealing the denial.

The RCB does not pre-screen applicants with criminal convictions to determine eligibility for licensure and cannot offer legal advice. Please consult an attorney if you have any questions about completing the application.

If you have additional questions, please contact the RCB at rcbinfo@dca.ca.gov.