Skip to Content
Law Office of Daniel Horowitz Law Office of Daniel Horowitz
Call Us Today! 925-291-5388
Top

Can a Doctor with a Felony Conviction Be Licensed?

Physician behind bars holding the bars in a medical lab coat and with a stethoscope
|

Can a Doctor with a Felony Conviction Be Licensed?

A felony conviction places a doctor's medical license—or application for one—in serious jeopardy, but it's not always an automatic bar. In California, Assembly Bill 2138 (AB 2138) provides key protections by generally limiting the Medical Board of California (MBC) to a seven-year look-back period for most convictions when evaluating licensure or discipline.

Under AB 2138 (codified in Business and Professions Code sections like 480), the Board typically cannot deny a license based solely on convictions older than seven years (or release from incarceration more than seven years ago), provided the crime is not exempt. Exemptions include "serious felonies" under Penal Code § 1192.7(c), certain sex offenses requiring Tier II/III registration, and some financial crimes in specific contexts—the Board can consider these regardless of age if "substantially related" to medical practice.

Even within the seven-year window, denial requires the conviction to be substantially related to the qualifications, functions, or duties of a physician, with factors like rehabilitation, time elapsed, and offense gravity considered.

For many felonies, especially non-serious ones older than seven years, there is real hope for licensing or retaining a license with proper demonstration of rehabilitation. Each case is reviewed individually by the MBC.

However, this seven-year protection does not apply if your felony is categorized as a "serious felony" under California Penal Code 1192.7(c). If your crime falls on this list, the Board can consider it as grounds for denial regardless of how long ago it occurred.

1. The List of "Serious Felonies" (PC 1192.7)

There are over 40 specific crimes on this list. Below are the most common ones that would exempt a conviction from the seven-year rule:

Violent Crimes: Murder or voluntary manslaughter, mayhem, kidnapping, carjacking, robbery, and arson.

Sexual Offenses: Rape, lewd or lascivious acts on a child under 14, and continuous sexual abuse of a child.

  • Weapons: * Assault with intent to commit rape or robbery.
    • Assault with a deadly weapon or instrument on a peace officer.
    • Any felony in which the defendant personally used a firearm or a dangerous/deadly weapon.
    • Any felony in which the defendant personally inflicted Great Bodily Injury (GBI).
    • Drug-Related (Minors): Selling, furnishing, or offering heroin, cocaine, PCP, or methamphetamine to a minor.Property & Threats: * First-degree burglary (residential).
      • Grand theft involving a firearm.
      • Criminal threats (Penal Code 422).
      • Intimidation of victims or witnesses.
      • Other: Any felony committed for the benefit of a criminal street gang.

Crucial Note: If your felony was a "wobbler" (could have been charged as a misdemeanor) and was later reduced to a misdemeanor, it is generally no longer considered a "serious felony" for the purposes of these licensing exceptions.

2. Mandatory Exceptions to the 7-Year Rule

Beyond the "Serious Felony" list, the Medical Board can also look back indefinitely if:

  1. Sex Offender Registration: The crime requires registration under Penal Code 290.
  2. Financial Crimes: For certain specific licenses (though less common for physicians), felony financial crimes directly related to the profession can be exempt.
  3. Present Incarceration: If you are currently incarcerated, the seven-year limit does not apply.

3. How to Protect Your Future

If your conviction is on the list above, you are not automatically banned, but you no longer have the "seven-year shield." To succeed, you should focus on:

Expungement (PC 1203.4): In California, if your conviction is expunged, the Board cannot deny your license based on that conviction, even if it was a serious felony (unless it’s a crime that would prevent you from being a doctor altogether, like certain sex crimes).   However, this is not absolute.  California has many diversion statutes that sidetrack a case before conviction.  A factual finding of innocence is a complete bar to the use of an arrest.

Certificate of Rehabilitation: This is a court order declaring you are rehabilitated. It acts as a legal "seal of approval" that the Medical Board must respect but it is difficult to obtain.

Rehabilitation Evidence: Collect records of community service, stable employment, sobriety (if applicable), and letters of recommendation from medical professionals who know your history.  This is a critical step in mitigation and requires professional assistance to be properly presented to the board.

4. Other Issues

Remember that a DUI with injuries can be a felony. Domestic violence can be charged as a misdemeanor or a felony. Billing disputes can be a misdemeanor or a felony under Penal Code section 550. Be careful when you are charged with these types of crimes because it is easy to get probation but forget that the felony/misdemeanor designation is absolutely critical.

If you are charged with a felony, you can ask the court to reduce the charges to a misdemeanor at the preliminary hearing. [Applies to the types of charges where the prosecutor can use discretion and charge the same act as either a felony or misdemeanor.]

Precharging negotiation is a skill that many of the best criminal defense attorneys master. Hiring an attorney before actual charges are filed can be critical to a good outcome.

Medical Board "mitigation" work should start as soon as possible after an arrest. An experienced physician lawyer understands what types of mitigation are persuasive.

Choosing the Best Criminal Defense Lawyer for Doctors

There are many excellent physician license defense lawyers. There are many excellent criminal defense lawyers. Daniel Horowitz is both. He is also one of an elite few criminal defense lawyers who can legally call themselves Criminal Defense Specialist(s). This is governed by the rules and certified by the State Bar of California, Board of Legal Specialization. Daniel is one of only 5 specialists in all of Contra Costa County, California.

If you are a doctor under investigation for a crime or charged with a crime, you can reach Daniel Horowitz at (925) 283-1863.