If your California professional licensing board or licensing authority has placed your license on probation, you know how costly this can be from an income and livelihood perspective to say nothing of the negative impact to your professional career and reputation. Maybe you were able to tolerate being on probation initially but now you have been on probation for too long and the negative impacts of this situation are wearing on you. Do you know that you can successfully petition the court to modify or even terminate probation early?
This is a good example of where hiring an experienced license lawyer can dramatically improve your ability to practice your profession again. The purpose of filing a Petition to Modify Probation or a Petition for Termination of Probation is to give you as the Petitioner, an opportunity to provide proof to your California licensing Board that it will be safe for the general public if your petition for reduction of probation is granted and your license is reinstated.
While there is no constitutional right to a license being reinstated after suspension and probation, state statutes such as Govt C 11572 which allow for agencies and boards to address license reinstatement. Many state agencies and licensing boards also have their own statutes addressing these reinstatement and early/termination of probation situations.
Our legal team will begin by reviewing these board requirements in detail with you and then work with you to determine the best way to present your case to the board. The burden of proof is on you as Petitioner to show sufficient evidence of rehabilitation. We’ll begin by asking you a series of questions about your rehabilitation:
- How have you changed as a result of your accusation/board investigation and disciplinary action?
- Have you paid all the necessary citation penalties and fines levied by your board?
- Have you complied with your probation monitor?
- Are you ready to go before your board and present your case and describe your rehabilitation?
While the process for a Petition to Modify Probation or a Petition for Termination of Probation for each licensing board varies, in general, it involves the filing of a formal Petition by your legal team wherein the licensee outlines his or her evidence of rehabilitation. Many boards allow these petitions to be filed within one year of the disciplinary action (or from the denial of a similar petition for reduction/termination of probation or denial of license reinstatement) if the probationary period was for less than 3 years. Longer waiting periods are required for petition filing however, if probation was greater than 3 years (2 years) or in cases of unprofessional conduct (3 years).
After receiving the Petition, the Board may set a date to hear your case in a hearing. Once on the calendar, at this hearing you will appear before the Board at the hearing where you may have an attorney present. The documentation and testimony you present must establish “clear and compelling evidence” of rehabilitation and current fitness for relicensure (e.g. that it is safe for the public for you be allowed to practice) for you to be successful with a Petition for Modification or Termination of Probation. Your entire criminal record as well as any misconduct has taken place since disciplinary action was taken will also be reviewed as well as evidence of compliance with parole, probation, or other sanctions and any restitution provided by the Petitioner. Evidence of “good character” and conduct and any additional education, training, volunteer/charity work which facilitated rehabilitation should be included in your request for the Petition. Providing evidence of remorse and restitution as well as documented declarations and letters of recommendation from supportive peers and members of the community, authorities and relevant parties are also important to provide.
If you have been sanctioned by your California state licensing board and wish to request early termination (modification) of your probationary period, please contact the Law Offices of Lucy S. McAllister immediately. Our experienced legal team can advise you about an evidenced-based strategy for petitioning for Termination of Probation or Modification of Probation so that you can restore your livelihood and resume your career.
For additional information or to schedule a consultation to discuss your licensing case, please call us toll-free at 877-280-9944.