Legal Question in Administrative Law in California

I've been a respiratory therapist for over 30 years w/out any patient oriented complaints lodged against me. In about 1991 I had a DUI without injury to anyone save property (minor) I paid all court cosat, restitution, complied with court order for school and community service, I allowed my California license as a therapist to lapse as I didn't intent to continue working as such. After it lapsed the California Board for Respiratory Care tried to have my license restricted, take at random urine tests and pay additional fines to them, they further blemished my ability to be licensed in any other state..How do I resolve this on my record? The DUI was alcohol related and neither then or never have I been associated with drugs.

Michael


Asked on 8/14/10, 2:43 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This does seem unduly harsh, especially given the incident was nearly 20 years ago. Unless there are other facts you're not sharing with us, I'd think an attorney with familiarity with Board policies and procedures could institute an administrative proceeding on your behalf and get a favorable result. Have you considered whether you need to meet some continuing education requirements, if you've been out of the field for many years?

Read more
Answered on 8/19/10, 3:09 pm
Terry A. Nelson Nelson & Lawless

Uh, alcohol IS a drug. The most abused drug in America today.

Records are forever. However, many felony and misdemeanor convictions [including yours] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if all terms of sentencing and probation are finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing [like yours], bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. Your lapsed license means you had to reapply, and thus raise the conviction issue for their decision. You have a right to present and argue your position in an administrative proceeding on it.

If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

Read more
Answered on 8/19/10, 4:11 pm
James Bame San Diego Law Office

Expunge the DUI. Contact me directly.

Read more
Answered on 8/20/10, 4:40 pm


Related Questions & Answers

More Administrative Law questions and answers in California