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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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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: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 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.

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