Legal Question in Criminal Law in California

Your question is actually both a criminal law question and an administrative law question. California Penal Code 286 is regarding Sodomy. Since the United States Supreme Court ruled in 2003 that "systematic criminalization of sodomy is unconstitutional" there are really only two ways to be convicted of the crime currently. (1) Forcing someone to have sodomy against his/her will or by (2) Acts of sodomy with a minor. However, prior to 2003, many states outlawed sodomy by statue and the circumstances under which the act occurred did not matter.

Now, lets address the question regarding working in the medical field. Generally, felony convictions (and some misdemeanor convictions) will alert any licensing boards to the situation and the individual boards will take action against someone's license. This is true in the medical field and in a lot of other areas where a license is required. Now, if you work in the medical field in a capacity where a license is not required then there should not be a problem. However, if you have a license and the board is not aware of your current status, then you are in violation of the boards rules by not self-reporting the conviction and the arrest. Since you provided the information that you have already been labeled as an habitual offender, it sounds like you are working in the medical field in a capacity that does not require a license. Therefore if your company knows your status and they do not have a problem with it then you are probably ok. I suggest you consult with an attorney regarding the situation and get very specific as to what has occurred and what is your current status. I practice criminal law and I also practice administrative law. I am very familiar with the licensing boards especially the medical boards. If you or someone from your company would like to consult with me and/or my office please feel free to contact us through our web site at www.brianmcginitylaw.com . We offer consulting services regarding these kinds of issues to many companies. It may behoove you to start considering dealing with your criminal status by seeking a reduction in your current status.