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Can i renew my cosmetology license in WA with a misdemeanor?

Customer Question
Can i renew my...

Can i renew my cosmetology license in WA with a misdemeanor?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

WA, third degree theft. I can have it sealed but i dont know how

Lawyer's Assistant: Have you talked to a lawyer yet?

My laywer that was representing me left the firm halfway through my probation period, and has since been dodging my calls/emails

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My license expires next month

Submitted: 4 months ago.Category: Criminal Law
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Answered in 3 hours by:
12/11/2017
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 329
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

The law on this subject is broad. You can be subject to a range of different penalties if you are convicted of a "gross misdemeanor or felony relating" to the practice of your profession or the operation of your business. Such a conviction would constitute "unprofessional conduct." A finding of "unprofessional conduct could result in:

(a) Revocation of the license for an interval of time;

(b) Suspension of the license for a fixed or indefinite term;

(c) Restriction or limitation of the practice;

(d) Satisfactory completion of a specific program of remedial education or treatment;

(e) Monitoring of the practice in a manner directed by the disciplinary authority;

(f) Censure or reprimand;

(g) Compliance with conditions of probation for a desig- nated period of time;

(h) Payment of a fine for each violation found by the dis- ciplinary authority, not to exceed five thousand dollars per violation. The disciplinary authority must consider aggravat- ing or mitigating circumstances in assessing any fine. Funds received must be deposited in the related program account;

(i) Denial of an initial or renewal license application for an interval of time; or

(j) Other corrective action.

(18.235.110 RCW)

So the answer to your question depends on whether your theft offense was related to your license activities, and whether it was a "gross misdemeanor." Under RCW 9A.56.050, third degree theft is a gross misdemeanor, so if it was related to your business, then some type of disciplinary action could be taken.

Also, RCW 9.96.060 authorizes a sentencing court to vacate a conviction for a misdemeanor or a gross misdemeanor if:

In any event, when you renew your license you'll be required to answer the "criminal history questions." Here's a link to the information page explaining the process: http://www.dol.wa.gov/business/cosmetology/docs/cosmo-criminal-history-questions.pdf

And here's a link to the renewal page: http://www.dol.wa.gov/business/cosmetology/renew_cosmetologist.html

I'm guessing that you already have this info but I'm just putting the links here for convenience. Hope that answered your question. If so, a positive rating here would be appreciated. You may always return here with follow up questions at no additional charge. Thank you for using Just Answer.

  • For any offense other than those described in RCW 9.96.060(2)(e), the offender has completed all the terms of his or her sentence, including financial obligations, and more than three years have passed since completion;

  • The offender has no criminal charges pending or has not been convicted of a new crime in any state or federal court;

  • The offender does not have another conviction vacated; or

  • The offender has not been restrained within the last five years by a domestic violence protection order, a

    no-contact order, an anti-harassment order, or a civil restraining order.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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