Deferred Entry of Judgment: Do I Have to Report it to My Licensing Agency in CA?

After successful completion of diversion or deferred entry of judgment in California under Penal Code sections 1001.9 and 1000.4,the arrest and diversion or deferred entry of judgment is deemed not to have occurred, and the licensee or applicant “may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted [or granted deferred entry of judgment] for the offense….” (Penal Code sections 1001.9 and 1000.4.)

WARNING: As to Proposition 36 postconviction drug treatment programs, even after dismissal, disclosure is required for license applications (but not in employment applications).  (Penal Code section1210.1(e)(3).) Note that disclosure does not mean the conviction is grounds for denial of a license application or discipline because “a record pertaining to an arrest or conviction resulting in successful completion of a drug treatment program under this section may not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.” (Penal Code section 1210.1(e)(3).)

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