Bus. & Prof. Code, § 490 · Chapter 3. Suspension and Revocation of Licenses
Bus. & Prof. Code, § 490
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In addition to any other action that a board is permitted to take against a licensee, a board may suspend or revoke a license on the ground that the licensee has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.
(b) Notwithstanding any other provision of law, a board may exercise any authority to discipline a licensee for conviction of a crime that is independent of the authority granted under subdivision (a) only if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the licensee’s license was issued.
(c) A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code.
(d) The Legislature hereby finds and declares that the application of this section has been made unclear by the holding in Petropoulos v. Department of Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has placed a significant number of statutes and regulations in question, resulting in potential harm to the consumers of California from licensees who have been convicted of crimes. Therefore, the Legislature finds and declares that this section establishes an independent basis for a board to impose discipline upon a licensee, and that the amendments to this section made by Chapter 33 of the Statutes of 2008 do not constitute a change to, but rather are declaratory of, existing law.
Notes and commentary — not statutory text
History
Amended by Stats. 2010, Ch. 328, Sec. 2. (SB 1330) Effective January 1, 2011.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=490.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 10 provisions
Provisions in this library whose text cites Bus. & Prof. Code, § 490. Each shows the citation as that text prints it.
Business and Professions Code
- Bus. & Prof. Code, § 480.2Printed as Section 490
- Bus. & Prof. Code, § 482Printed as Section 490
- Bus. & Prof. Code, § 491Printed as Section 490
- Bus. & Prof. Code, § 1005Printed as Sections 12.5, 23.9, 29.5, 30, 31, 35, 104, 114, 115, 119, 121, 121.5, 125, 125.6, 136, 137, 140, 141, 143, 163.5, 461, 462, 475, 480, 484, 485, 487, 489, 490, 490.5, 491, 494, 495, 496, 498, 499, 510
- Bus. & Prof. Code, § 2253Printed as Sections 141, 480, 490, 2221, 2305, 2234, and 2236
- Bus. & Prof. Code, § 2746.6Printed as Sections 141, 480, 490, and 2761
- Bus. & Prof. Code, § 2761.1Printed as Sections 141, 480, 490, and 2761
- Bus. & Prof. Code, § 2950Printed as Sections 28, 490, 726, 729, 2936, 2960, 2960.1, 2960.6, 2963, 2966, 2969, and 2996
- Bus. & Prof. Code, § 3527.5Printed as Sections 141, 480, 490, and 3527
- Bus. & Prof. Code, § 4999.80Printed as Section 480, 481, 484, 490, 496, 498, or 499
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.