Can I get a real estate license in California with a misdemeanor on my record?

I have a misdemeanor for trespassing on my record from 5 years ago in Nevada. The original arrest was for felony larceny (shoplifting), but my lawyer got it to a misdemeanor trespassing conviction that I did community service for. Do you think I would have a chance at obtaining a real estate license in California? Or would I get automatically denied and not worth pursuing? Thanks! I appreciate any insight.

Nathan’s Answer

It is nice to see the administrative bar out in full force. You are receiving high quality opinions.

Even if you had a misdemeanor bumped down to an infraction, the Bureau will be able to look at the facts underlying any criminal action (i.e. conviction). Your application should be reviewed by an attorney who can cast those facts in the light most favorable, along with helping you demonstrate remorse. You may be given the license with it revoked, the revocation stayed, with probation installed instead. If you violate probation, you'd have your license revoked. It may be a costly process but if your heart is in it, you should stay the course.

Can I get a real estate license in California with a misdemeanor on my record?

I have a misdemeanor for trespassing on my record from 5 years ago in Nevada. The original arrest was for felony larceny (shoplifting), but my lawyer got it to a misdemeanor trespassing conviction that I did community service for. Do you think I would have a chance at obtaining a real estate license in California? Or would I get automatically denied and not worth pursuing? Thanks! I appreciate any insight.

Nathan’s Answer

In your application, you will be required to be truthful. As such, you will have to list the details of the criminal conviction lest you be denied for being untruthful. As a result, it would be prudent to consult with counsel to assist you in styling an application that is truthful and also recounts all mitigation and rehabilitation since the incident. If the Bureau considers all factors and agrees you have been rehabilitated, you may pass unscathed. If not, you may be in for a long fight to get a license with probation, or to have to overcome a denial outright. It is important to start the process with as strong a footing as you can muster.

Can I still get a real estate license?

About 14 yrs ago I had my real estate license revoked when I pleaded guilty to a work comp felony.

I was told I could get the felony expunged but what was going through a divorce last year.

I made a mistake and phoned my ex wife and she had me arrested for violating the restraining order.

There was no physical violence but the judge considered the screaming and yelling when I found out she was cheating on me as violence. I served 15 days and pleaded guilty to a misdemeanor. Does this ruin my chances and if yes for how long? I am on 3 yrs summary probation

Nathan’s Answer

You may be subject to a reinstatement hearing after submitting an application requesting your reinstatement. Various factors will be assessed as to whether you meet the standard for reinstatement. In order to strengthen your application, it may be wise to seek early termination of probation and reduction of the felony to a misdemeanor and/or expungement before pursuing reinstatement. These actions will not be determinative, but may be helpful in improving your chances.

California State Bar Moral Character Application- Convictions Section: Text requiring disclosure of specific traffic offenses??

I submitted my application a year ago, disclosing a DUI & in-patient alcoholism treatment. At the same time, I joined LAP to create a sobriety record.

As expected, I have been called into an informal conference w/ CBX to discuss DUI/alcohol. But CBX also said they want to discuss a VC 12500 infraction conviction.

I DIDN'T disclose it and am worried I will be accused of hiding it. But I truly did not know I needed to disclose.

Language requiring disclosure of certain traffic offenses NOW appears on the Convictions screen of the online application. But I don't THINK it was there in 10/2013 when I submitted. Nor is that language on my printed-out application.

Does anyone know (1) IF the website USED to lack this disclosure language, (2) IF it NOW appears on the printed-out Application?

Nathan’s Answer

Even if the application at the time did not address certain traffic offenses, because VC 12500 can be charged as a misdemeanor, and is more serious than the traditional infraction, even if you were charged for it as an infraction, it may still be fair game. The expectation from the State Bar might have been that you would address this issue head on due to the fact you were being forthright in building your rehabilitation for any drug abuse issue and that you had endured a separate criminal conviction involving your driver's license. Was driving without a valid license tied to the DUI? If so, the fact that you want to argue the technicality of whether you were supposed to disclose rather than to address the substance may be used against you. Please consult with an administrative attorney regarding this matter.

Should I consult with a criminal or administrative law attorney specifically dealing with Psychiatric Technician hearings?

I would like to save my license from being revoked. This is the second conviction I've had to report to the state board.

Nathan’s Answer

A licensing agency generally has the authority to appear in a criminal sentencing under Penal Code Section 23 to seek a suspension against a license, and to later file an accusation and seek revocation of the license. If that did not happen here because the conviction was self-reported, you should be aware that certain convictions result in immediate suspension of license. Additionally, licensing authorities have wide latitude in which to conduct investigations. You may be investigated separately by the Board of Vocational Nursing and Psychiatric Technicians, and should be prepared with an attorney BEFORE an investigator speaks with you. Alternatively, you may simply have an accusation filed against you without an investigation. Either way, it is important you speak with counsel and have a game plan moving forward in order to best protect your license. You are working against a former conviction that hopefully is not related to the second, with the second hopefully not related to psychiatric technician services or functions.

Can a Motion or Application to withdraw stipulation be sent on my Matter(s) because pro tem judge has not taken Judge Oath?

I received the first Infraction tix Jan 2013, I had two appearances, each i declared special appearance and asked for settling of the matter, of the offer returned I requested discharge. In Sep, 2014 i received FTA, and in Nov, 2014 I called and declared request for scheduling a Special appearance with/ through GC Services, arraignment is May, 2015.

The second Infraction I received June, 2014 the court sent notice(novation) that I had to appear to schedule a court date. A pleading was sent, the court construed it as req for continuance, set continuance date, I non-accept it, sent it back and court issue arrest warrant. I called clerk and asked to schedule a special appearance and they scheduled me for Dec, 2014.

Nathan’s Answer

If you are declaring a special appearance, it is for the purpose of arguing that you can neither plead guilty or not guilty. You would want to file a demurrer against the notice to appear by arguing specific vehicle code provisions invalidating the notice to appear. Some judges may agree, as at least one with me in the past has. If you are successful, the demurrer is heard on the spot, as it should be under the penal code (infraction is a crime) and you would be told your demurrer is sustained with leave to amend. If the prosecutor fails to amend, as they usually do, you would win. However, it seems you have tried more esoteric methods, which are not taken well by the court. Arguing that the pro tem has not taken oath of a judge is veering off in a very different direction, and the outcome is not likely to be good. Please consult with an attorney to help mitigate the damage you are causing to yourself.

To address a colleague's metaphor, while someone theoretically could do a root canal with the proper lighting, mirrors, and equipment, that still does not substitute for the thousands of hours of training and experience necessary to do it successfully.

If false Medi-Cal Claims are written by a doctor before he actually sees the patient

to used at some future time, to make things more efficient perhaps, is that in and of itself illegal? He has them, he just has not submitted them yet, but they are ready to be sent.

Nathan’s Answer

It is critical you do not engage in any unlawful activity or speak to anyone other than an attorney while collecting evidence as a potential whistleblower. You need to consult with a healthcare attorney who can analyze if violations are truly occurring and what next steps to take. Many schemes exist - the latest I've read about involved a physician who would issue prescriptions for $6,000 wheelchairs, who would take a cut from the company that distributed them.

How much will it cost in attorney's fee to get my real estate license?

I have a misdemeanor dui in 2006, soon to be expunged felony drug possession with intent and couple of arrests but not charged years ago . Needless to say I had a substance problem in the past but been clean and sober for over 3 years. I will have all the requirements to take the State exam by end of this year. Because of my record, I am looking for a lawyer to help me get my license when I pass the exam. But I am not a wealthy man and need to know how much I need to save, beg or borrow for the service. Can anyone help?

Nathan’s Answer

The California Bureau of Real Estate will be concerned with your past criminal history, as well as your medical history. There are specific steps one can take to demonstrate rehabilitation. Keep in mind that while expungements are to be congratulated, they do not erase a criminal history to the licensing boards. That is why it is that much more important to be able to demonstrate rehabilitation through satisfying various factors the Bureau will look at.

If cost is an issue, a denial of your application with time spent without a license, not earning a living can be even more costly in terms of lost income. You should consult with an attorney with experience in this area to discuss the best way to approach your upcoming application considering the likely scenarios that will play out depending on your level of rehabilitation that you have, or are willing to achieve.

Am I legally bound to pay hospital bills pertaining to an ambulance ride when the ride was refused?

My friend, who was intoxicated below .06, was punched in the face at an event by an unknown assailant. He was dizzy afterwards, and had been drinking, so the medics at the event escorted us to the medical station. They asked he get in an ambulance to perform an examination. I heard him say "I am not riding in this. I don't want an ambulance," and we were both assured he would not have to go. I was then asked if I would ride with him, and I said "we don't want an ambulance, he said that." I was told he had "asked for drugs" (which he later told me he hadn't, and seems like a weird thing for a medic to say) and we had to go. They closed the door and that was it. The whole experience was very confusing and he had no serious injuries.

Nathan’s Answer

Did you sign anything at the medical station or ambulance? Did you tender any billing information? Did anyone step in to the ambulance to perform an examination? Does the bill, if any, explain whether it is for treatment, or for transport?

Do I need an esthetician license to do eyelash extensions? I was told I don't if I only charge for the product not service

I was told: Although no licensing is required to perform the process of administering Semi Permanent Eyelash Extensions, according to the California State Board Rules and Regulations Section 7319 E, charging for the service is a violation of state codes unless you are a licensed esthetician or cosmetologist. NOW, charging for the product, rather than the service is NOT a violation of California State Regulations, and the extent of the mark up placed on the product itself is at your discretion. Therefore you MUST operate your business in accordance with the following California State Regulations see below.

How do I stay within this "loophole"

Nathan’s Answer

It would be wise to obtain counsel and have them research this area of law, and write you a memorandum of their analysis to see if it is worth the risk, and if there is anyway to conduct your business goals without subjecting yourself to liability by patrons or the government.