An out-of-state applicant for a California medical license had a misdemeanor conviction for petty theft which occurred more than twenty years ago when the applicant was a teen-age undergraduate. At the time of conviction, a 3 month summary probation was imposed and the court as well as the applicant's attorney indicated that the matter would be expunged and need not be reported. This information, however, was erroneous and Business and Professions Code section 480(a)(1) was clearly applicable, making expunged criminal records reportable notwithstanding a motion to expunge under Penal Code section 1203.4. Unfortunately, this made the applicant's negative answer to the Board's application question regarding criminal convictions inaccurate. After contacting Slote & Links, the applicant provided details to the Board staff regarding the conviction and the basis for the erroneous answer to the question regarding criminal convictions. Slote & Links attorney Steve Boreman successfully argued to Board staff and a Deputy Attorney General that the lack of recency to the conviction and the applicant's good faith belief that there was no reportable criminal record warranted a free and clear license. The license was issued without limitation or probation.
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