Disclosure of Disciplinary Action, Arrest, or Conviction

Use of Criminal Convictions in Licensing Process

In reviewing applications for licensure, the board considers prior convictions of the applicant. 

Effective July 1, 2020, the board’s authority to deny an application based on certain criminal convictions was restricted.  (Business and Professions Code section 480.) Specifically, the board 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, or 1203.42 or a comparable dismissal or expungement, or
• 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 Section 1192.7 of the Penal Code,
• The applicant was convicted of a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.
Unless restricted, the board may deny an application for licensure if the applicant was convicted of a crime substantially related to the qualifications, functions or duties of the business of the pharmacy profession.  In assessing a conviction, the board must consider whether the crime is substantially related to the pharmacy profession, and whether an applicant has made a showing of rehabilitation.  Section 1770 of the board’s regulations sets out the substantial relationship criteria used by the board in its assessment. Section 1769(b) of the board’s regulations, as well as the board’s disciplinary guidelines, sets out the criteria for evidence of rehabilitation that the board considers.  The board has proposed changes to both of these regulations to more specifically identify the criteria it uses. The proposed changes to these regulations are on the board’s website at https://www.pharmacy.ca.gov/laws_regs/1769_1770_pt.pdf. 

Board Application Process with Criminal Convictions

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 board will open an investigation and request supporting documents from the court and arresting agency to determine whether there is a basis to deny the application for licensure. 

Applicants with criminal convictions are not required to disclose a conviction on their application or provide supporting documentation. However, in order to expedite the review of convictions and the board’s ultimate licensing decision, applicants may voluntarily provide the following for each conviction:

• A written explanation detailing the circumstances surrounding each conviction.
• A copy of the arrest/incident report(s) for each conviction. 
• A certified copy of the court documentation for each conviction. Court documentation submitted should include, but is not limited to, the criminal complaint, court minutes, sentencing, and probation order.
• 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. 

Your disclosure of these items is voluntary – you may provide all, some, or none of them.  Your decision to not provide any information shall not be a factor in the board’s decision to grant or deny your application for licensure.  If information is not provided, the board may obtain arrest, court, prison or records from other sources to determine whether a conviction may be used as a basis for denying an application for licensure.    

The board 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.

Please refer to FAQs for Applicants with Criminal History for additional information.

If you have additional questions, please contact the Board of Pharmacy.

Revised August 2020