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I was charged with petty theft, will this stop me from getting my car dealers license. I finished my probation/paid all fees

Escondido, CA |

I paid all fees and restitution and this happened 5 years ago. I've been off probation for 2 years.

Attorney Answers 5


California's DMV can deny a Vehicle Salesperson license based on any criminal conviction (see CA Bus & Prof Code sec 490 and 480), but the agency may choose to issue the license or to issue a restricted (probationary) license rather than to deny. A licensing attorney can assist you in drafting the all-important narrative statement that is required with your application and can counsel you in multiple ways to raise your "score" on the mandatory statutory factors of rehabilitation and mitigation. Legal and strategic planning can have an outcome-determinative impact on the agency's decision about your application for license.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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Ms. McCall is well versed in this area so I would follow her advice. In addition, contact her office to see if she offers a free consultation. If she does, then make an appointment for a consultation since the price is right. I wish you the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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I could be glib and suggest that engaging in petty theft is good training for becoming a car dealer but I'll instead advise you to hire Ms. McCall to help you with this matter, she's basically the go to attorney for professional licensing matters. Best of luck.

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You will need to disclose the conviction and "explain." Filing for an expungement may help,as well. Please contact me if you would like assistance filing for an expungement.

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006

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Seek a dismissal under Penal Code section 1203.4, but you likely will still need to disclose the conviction for the licensing process.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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