I was arrested and charged with battery 7 years ago, while on probation I was also charged with trespassing, graffiti and disturbing the peace because I was on probation these all were charged as misderminors. They employer I am applying for uses livescan. Will this disqualify me from getting hired?
Does your question pertain to employment as an assistant to a physician or to licensure by the State as a Physician Assistant? The answers vary in each circumstance.
An individual employer can choose to overlook your offense history and can offer you employment. State law does not preclude that choice by an individual employer. Yes, you may find some difficulties in obtaining an offer of employment because, in many circumstances, the care-provider's liability insurance carrier will restrict the employment of persons with a criminal conviction record. But in general, you are not precluded from that employment.
If you are applying for State license as a Physician Assistant, your application will be evaluated by the Physician Assistant Board of the CA Medical Board. http://www.pac.ca.gov The PA Board, like all State licensing agencies, can legally deny a license application based on any criminal conviction. But the Board is required to make an individual analysis of all of the facts and circumstances underlying the prior offenses, and to determine whether the license applicant is rehabilitated. If the applicant establishes rehabilitation, the application should be approved.
If you are seeking State license with the offense history that you have described here, your best course is to begin with an in-depth personal consultation with an attorney who practices in professional/occupational licensing law and is regularly before the Board. You will be advised to utilize all available statutory remedies to clean up your criminal offense record, and you will be counseled in ways to make your application and eligibility stronger.
For most persons who want to obtain State professional license, the question is not whether the license can be obtained but when. There is almost always a path to licensure if the applicant is willing to marshal the stamina and commitment to purpose that will see them through the full course of effort.
Good luck to you.
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For future reference you may want to consider getting your convictions dismissed pursuant to penal code section 1203.4. This would allow you to say " no" to most job application questions concerning your record.
To make sure this does not affect you in the future, you should consult with experienced criminal defense counsel to file expungement petitions under Ca. Penal Code Section 1203.4. Your guilty or no contest plea is set aside, a new plea of not guilty is entered, and the case is dismissed. Then you can say not about convictions on future job applications. It really depends on what you are applying for as to what the requirements are. The convictions will show up on the state criminal database--there is no automatic removal without expungement.
Maybe yes. Maybe no. I won't even try to top Ms. McCall's response. Read it again and then again. Good luck.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
It could. That is why you need to hire an attorney to obtain an expungement. Why not find one here on Avvo? Read the client reviews and endorsements.
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