How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11045
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Hi! In 1999, unfortunately I was convicted of a misdemeanor

Resolved Question:

Hi! In 1999, unfortunately I was convicted of a misdemeanor DUI. I am a teacher and have had to renew my credential twice since then. Everything was fine and I received my clear credential. Now, 2012, i did my online renewal, and it is pending further review. I have always answered yes to that question and now I am very scared and don't understand that it is coming up now after 12 years. Any advice would be great.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

This is probably nothing to worry about. An answer of “yes” to any character question on your application can prompt an investigation and cause a delay.

If you have been honest about your criminal history over the years, revealing a DUI conviction from more than a decade ago will probably have no impact on the decision to renew your credential because it is simply no longer relevant. That said, a DUI conviction can technically be grounds to revoke a credential.

Specifically, California Education Code Section 44421 provides:

"The Commission on Teacher Credentialing shall privately admonish, publicly reprove, revoke or suspend for immoral or unprofessional conduct, or for persistent defiance of, and refusal to obey, the laws regulating the duties of persons serving in the public school system, or for any cause that would have warranted the denial of an application for a credential or the renewal thereof, or for evident unfitness for service." SEE ALSO California Education Code Section 44240 et seq.

Further, Eduction Code section 44242.5(b) states:

"The committee has jurisdiction to commence an initial review upon receipt of any of the following:

...A) An affirmative response on an application submitted to the commission as to any conviction, adverse action on, or denial of, a license, or pending investigation into a criminal allegation or pending investigation of a noncriminal allegation of misconduct by a governmental licensing entity."

To summarize, a DUI conviction from so long ago CAN be a red flag for the CTC to launch an investigation, which would explain why your application status would be "pending review." However, given the length of time that has past since the conviction and your honesty in reporting it, it is very unlikely that your credential would be revoked on this basis alone.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

Patrick, Esq. and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions