The Consequences of Criminal Charges on Contractors
Fortunately, contractors are held to a slightly relaxed standard than other licensed professionals. This means that not just any conviction counts. For a conviction to impair your ability to operate as contractor, the conviction must be “substantially related” to the qualifications, functions, or duties of a contractor to trigger discipline.
Generally speaking, a “substantially related” conviction is a conviction for a crime that implicates a contractor’s ability to perform contracting work in a safe and responsible manner.
This includes crimes involving dishonesty, fraud, deceit, or theft, crimes involving physical violence against persons or crimes that indicate a substantial or repeated disregard for the health, safety, or welfare of the public (which may sometimes include DUI or drug charges).
If you are a new applicant, a past criminal conviction can preclude or hold up your ability to get a contractors’ license. Like many other licenses, regulations now require applicant fingerprinting and background checks.
Felonies: For substantially related felony convictions a contractor may be considered rehabilitated, 7 years from time of release from incarceration or completion of probation (if no incarceration was imposed) so long as there has not been additional criminal activity
Misdemeanors: For substantially related misdemeanor convictions a contractor may be considered rehabilitated, 3 years from time of release from incarceration or completion of probation (if no incarceration was imposed) so long as there has not been additional criminal activity
CSLB will also consider the nature and severity of the crime, evidence of any subsequent crime, compliance with parole, probation or restitution terms, consistent work history subsequent to release from incarceration or completion of probation, letters of reference, evidence of expungement proceedings and substance abuse or anger management counseling.
If you are a contractor or applying for a contractor license and are facing criminal charges, contact the Defense Lawyer Corporation at 949-347-5478.