California Commission on Teacher Credentialing is in charge of overseeing California teachers who are arrested and/or convicted of crimes. According to our criminal defense attorneys, teachers are very closely watched for any type of criminal arrest. Our sex crimes lawyers have seen teachers whose schools were notified the very next morning of a simple misdemeanor arrest for DUI.
Automatic revocations and prohibition from issuing credentials for the following charges:
Who has been convicted of any sex offense defined under Education Code Section 44010
Who has been convicted of any narcotics offense defined under Education Code Section 44011
Who has been convicted of any crime listed in Education Code section 44424, or
Who has been found to be insane by a federal or state court
Who has been judicially determined to be a mentally disordered sex offender under the law
Upon learning of a criminal conviction the Commission can take any of the following actions:
Private Admonition – A private admonition is a written warning to the credential holder that any repetition of such act or omission may result in denial, suspension, or revocation of the credential. At the time of the admonition, the credential holder’s employer receives a copy of the admonition, otherwise the admonition remains confidential. The Commission and employers must expunge all records pertaining to the private admonition after three years, as long the offense does not reoccur.
Public Reproval – A public reproval is a public warning from the Commission that the conduct is not appropriate for a credential holder. Commission of the same or similar misconduct may result in a more serious adverse action.
Suspension – Suspension is the temporary inactivation of a credential for a specified period. If a suspension is imposed, the credential holder may not work in a position requiring a credential during the period of the suspension.
Revocation – Revocation is the termination of an individual’s ability to work in a position requiring certification. Once effective, the revocation continues unless and until the Commission reinstates the person.
Denial of an Application – Denial of an Application will result in the applicant not being approved.
A teacher who has his or her credential revoked may apply for reinstatement, one year after the effective date of the revocation. The matter is then considered by the Commission.
Education Code 44345
The commission may deny any application for the issuance of a credential or for the renewal of a credential made by any applicant who falls under any of the following categories:
(a) Lacks the qualifications which are prescribed by law or regulations adopted by the commission pursuant thereto.
(b) Is physically or mentally so disabled as to be rendered unfit to perform the duties authorized by the credential for which he or she applies. However, the mere fact that an applicant has sought or received psychiatric treatment shall not be considered as preliminary evidence of mental disability and shall not provoke special scrutiny of such applicant’s qualifications for a credential.
(c) Is addicted to the use of intoxicating beverages to excess.
(d) Is addicted to the use of controlled substances.
(e) Has committed any act involving moral turpitude.
(f) Has had a certification document revoked.
(g) Has intentionally practiced or attempted to practice any material deception or fraud in his or her application.
(h) Fails or refuses to furnish reasonable evidence of identification or good moral character.
(i) Has been convicted of any offense defined in subdivision 1 of Section 314 of the Penal Code prior to September 7, 1955. Any denial pursuant to subdivisions (a) to (e), inclusive, shall be based upon reasons related to the applicant’s fitness to teach or fitness to perform other duties for which that applicant is certificated, or competence to perform the duties which the credential would authorize the applicant to perform.
CALIFORNIA’S LAWS AND RULES PERTAINING TO THE DISCIPLINE OF PROFESSIONAL CERTIFICATED PERSONNEL
See also, Education Code 44000-44020 and 44240-44248
We make every endeavor to avoid a criminal conviction that could lead to a disciplinary action; but if that is not possible, we will guide you in the best way possible to mitigate any damage to your licensing and your livelihood.
If you or a loved one is a defendant in a California
Alan Castillo is a highly experienced criminal defense attorney and truly a DUI/ DMV expert. When I have a question about consequences of a DUI convictio (...)
Mr. Alan Castillo is the most knowledgeable, magnificent Lawyer in Orange County, he cares about People,s problems and with the Experience and Expertise h (...)
A highly skilled and well-respected group of Lawyers. The three lawyers that make up this small boutique Criminal Defense Law firm, Alan Castillo, Peter (...)
I would recommend Alan Castillo without hesitation and have complete confidence in his expertise and ability. During a very distressing time I was facing (...)
I would like to take a moment to commend Mr. Alan Castillo on his recent performance with my criminal case. As anyone who is on the stand facing criminal (...)
Alan Castillo is an incredible criminal defense and professional licensing attorney. He is very responsive and has an innate ability to explain legal conc (...)
Absolutely the best experience considering the circumstances ! Alan Castillo is a miracle worker. He took me on when I lost all hope. This was my 7th DUI (...)
Contact Us Today
For A Free Consultation
Alan Castillo is a highly experienced criminal defense attorney and truly a DUI/ DMV expert. When I have a question about consequences of a DUI conviction, vehicle code violation or DUI trial strategy I reach out to Alan who always gets back to me promptly with the right answer. He has helped me several times to leverage the best deal for my client when there are DMV consequences that the average lawyer wouldn't know about. He has been correct in his assessment every single time! I highly recommend Alan without reservation.
Mr. Alan Castillo is the most knowledgeable, magnificent Lawyer in Orange County, he cares about People,s problems and with the Experience and Expertise he has, helps his clients. I asked his help twice, the second times was Violation in Probation and I thought this time, for sure I'm going to Jail, Mr. Castillo saved my life, my family, and my honors by took the miracle deal for me. Two other son's friends had a big problem with Law. Mr.Castillo helps them, they are very happy with the deal, let's say it seems beside the splendid Expertise he always has a (...)
A highly skilled and well-respected group of Lawyers. The three lawyers that make up this small boutique Criminal Defense Law firm, Alan Castillo, Peter Iacona and Marlo Cordero are very well respected in the courts by Judges, Prosecutors and most importantly their clients.
I would recommend Alan Castillo without hesitation and have complete confidence in his expertise and ability. During a very distressing time I was facing a long jail sentence and with Alan's diligence and knowledge, I was able to stay out of jail and keep my job. Throughout the process Alan kept me informed and anytime I had questions he was always there to ease my mind. Alan was able to navigate the legal process and negotiate with the DA where I got the best possible outcome I could have ever hoped for.
I would like to take a moment to commend Mr. Alan Castillo on his recent performance with my criminal case. As anyone who is on the stand facing criminal charges can attest, it is absolutely paramount to select a firm with great knowledge of the law, understands the legal process as well as a firm that is well networked politically to successfully get you through this stressful process. Mr. Castillo took a hard, yet strategically tactful approach (from all angles) which resulted in a better than expected outcome in my case. I would recommend one to speak wit (...)
Alan Castillo is an incredible criminal defense and professional licensing attorney. He is very responsive and has an innate ability to explain legal concepts and situations in a way anyone can understand. He has a true passion for justice and wants the best for his clients in every situation. Alan's integrity in unquestioned and I highly recommend his services to anyone in need of legal advice or representation.
Absolutely the best experience considering the circumstances ! Alan Castillo is a miracle worker. He took me on when I lost all hope. This was my 7th DUI and my first attorney told me I was going to get 5 years no matter what. I called Alan and he said he could do something better. He was able to work it out so I could keep my job leaving the country and was sentenced a fifth of the original time. I'd recommend Alan Castillo to anyone who needs someone to fight for them. Because of his help and hard work, I was able to get my life back on track.