Legal Question in Criminal Law in California
About 1 year ago I plead no contest to grand theft embezzlement and got sentenced to probation and to pay restitution, community service. With that being said I am a licensed pharmacy technician, have had license 7-8 yrs. and am not employed using that license at the moment and my conviction had nothing to do with my license. I payed about 10K for this license. Recently I have been served court papers and from my understanding they want to revoke my license. I don't have any money for an attorney and not sure what to do.
It is already so hard to find a job and at least I had this license if I can ever find a job again with my record. Please any advice on what I should do? I'm lost and scared and really have nobody to talk to. please any advice would be sincerely appreciated. Thank you.
3 Answers from Attorneys
I am sorry to hear about your situation. However, the fact that taking the money had nothing to do with your license may not help you because the crime you committed and plead to was a crime or Moral Turpitude and may be the cause of the revocation of your license.
I know you can't afford an attorney, but you should try and fight this as best as you can.
If you have any questions, please do not hesitate to contact my office.
The board can launch their own disciplinary hearing, even if the case didn't involve your license. Because it involves moral turpitude and theft, they may take action against your license.
You have certain rights, however. You are entitled to hearings, etc. The issue is whether or not you want to represent yourself with the board, running the risk of losing your license or if you want to somehow find a way to hire an attorney that specializes in licensing issues. If it makes the difference between keeping your license or not, money that you pay now for a lawyer would be well spent.
Licensing law is a very specialized niche. You don't want a general attorney with your career on the line - you want a lawyer that deals with this on a regular basis. I don't, but I know of an excellent one in Pasadena. Feel free to call my office and I'll give you a referral.
Separate from your question, but useful for you to know:
While the general rule is �Records are forever�, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed Sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.