Legal Opinion
Med. Bd. of Cal. v. Superior Court of S.F.
California Court of Appeal, 5th District
Decided January 8, 2018No. A151175PublishedCited by 1 opinion
1Opinion of the CourtReardon, J.
*728*3In this writ proceeding, we construe two statutes involving the use of arrest records to support disciplinary proceedings involving professional licensees in the healing arts. Penal Code section 1000.4 provides generally that "[a] record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. ..." ( Pen. Code, § 1000.4, subd. (a).)1 In contrast, Business and Professions Code section 492 ( Section 492 ) states…
2Cases cited5 opinions
- Schmidt v. Southern California Rapid Transit DistrictCalifornia Court of Appeal · 1993
- B. W. v. Board of Medical Quality AssuranceCalifornia Court of Appeal · 1985
- Rand v. Board of PsychologyCalifornia Court of Appeal · 2012
- Szold v. MEDICAL BD. OF CALIFORNIACalifornia Court of Appeal · 2005
- Sandoval v. State Personnel Bd.California Court of Appeal · 1990
3Cited by1 opinion
- People v. BurgessCalifornia Court of Appeal · 2021