Applicants With Prior Criminal History

How Criminal History Is Reviewed

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

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.
• The conviction occurred more than seven years before the date of application, or if the applicant was incarcerated, more than seven years have passed since release from incarceration.

The seven-year limitation does not apply if either of the following is true:

• The applicant was convicted of a serious felony as defined in Penal Code section 1192.7.
• The applicant was convicted of a crime requiring registration pursuant to Penal Code section 290.

Unless restricted by law, 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.

California Code of Regulations section 1399.370 establishes the criteria used to determine whether a crime is substantially related to the practice of respiratory care.

California Code of Regulations section 1399.372 establishes the criteria for evidence considered by the RCB in determining rehabilitation.

Frequently Asked Questions

• What type of convictions am I required to disclose?

  You are not required to separately disclose criminal history information on this page. The RCB receives Criminal Offender Record Information (CORI) directly from the California Department of Justice after you complete Live Scan fingerprinting.

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

  If criminal history information appears on fingerprint results, the application is referred to the RCB’s Enforcement Unit for review.

  The RCB may request certified arrest reports, investigation reports, and court records. Depending on the agency, obtaining these records may take several weeks.

  Although the RCB requests records directly, applicants may choose to provide certified copies to help avoid delays.

• What if I was arrested but not convicted?

  The RCB will not deny a license based solely on an arrest that did not result in a conviction. This includes arrests resulting in an infraction, citation, or juvenile adjudication.

• What are my rights if my application is denied?

  If an application for licensure is denied, the RCB must notify the applicant in writing. The denial notice will include information regarding the right to appeal and the procedures for requesting a hearing.

Questions About Prior Criminal History

The RCB does not pre-screen applicants with criminal convictions to determine eligibility for licensure and cannot provide legal advice. If you have general questions about the application process or the types of records that may be requested during review, you may contact the RCB using the form below.