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Can a Doctor with a Felony Conviction Be Licensed?

Physician behind bars holding the bars in a medical lab coat and with a stethoscope
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Will a Felony Conviction Completely Block a

Medical License?

If a doctor is convicted of a felony his/her medical license or application to be licensed is in great jeopardy but there is hope.  Specifically, in California, your eligibility for a medical license is significantly protected by Assembly Bill 2138 (AB 2138), which generally limits the Medical Board of California (MBC) to a seven-year look-back period.

California Assembly Bill 2138 (AB 2138) is now codified primarily within the California Business and Professions Code (BPC) Sections 480, 481, and 493.  This felon doctor law significantly changing how licensing boards in the Department of Consumer Affairs (DCA) can deny, suspend, or revoke professional licenses based on criminal records, making it easier for individuals with past convictions to get licensed by focusing on crimes "substantially related" to the profession and creating a "washout" period.

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).

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.

Rehabilitation Evidence: Collect records of community service, stable employment, sobriety (if applicable), and letters of recommendation from medical professionals who know your history.

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.