Fin. Code, § 3221 · Chapter 2. Licensure
Fin. Code, § 3221
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) An applicant shall not be denied a license on the basis of a criminal conviction, or on the basis of acts underlying a criminal conviction, if the convicted person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or has been granted clemency or a pardon by a state or federal executive.
(b) An applicant shall not be denied a license on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code shall provide the commissioner with proof of the dismissal if it is not reflected in the applicant’s criminal history record report.
(c) An applicant shall not be denied a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or juvenile adjudication.
(d) If an applicant is denied a license based solely or in part on conviction history, the applicant shall be notified in writing of all of the following:
(1) The denial or disqualification of licensure.
(2) The procedure for the applicant to challenge the decision or to request reconsideration.
(3) That the applicant has the right to appeal the decision.
(4) The processes to request a copy of the applicant’s complete conviction history and to question the accuracy or completeness of the record.
Notes and commentary — not statutory text
History
Added by Stats. 2023, Ch. 792, Sec. 1. (AB 39) Effective January 1, 2024.
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=FIN§ionNum=3221.
- Text hash
- sha256 509defc33d5659e6f7afd2143b01423a88803f103f5a056f9ab1801acfac963e
- Composed by
- 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.
Penal Code
- Pen. Code, § 1203.4Printed as Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code
- Pen. Code, § 1203.4aPrinted as Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code
- Pen. Code, § 1203.41Printed as Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code
- Pen. Code, § 1203.425Printed as Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code
- Pen. Code, pt. 3, tit. 6, ch. 3.5Procedure for Restoration of Rights and Application for PardonPrinted as Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code
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.