FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Nationwide Legal Representation

We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

Service Matters

Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.

Work Directly

When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.

Who We Are

We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

Schedule Consultation

Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Contractor License Suspension and Criminal Convictions in California

Contractor License Suspension and Criminal Convictions in California

Construction contractors in California are at risk of having their license suspended or revoked if they commit any offense “substantially related” to their contracting duties. This generally includes fraud, theft, or violent offenses.

 

Similarly, applicants for contractor licensing could have their application denied because they committed a crime that was substantially related to contracting within the last seven years. Further, the Contractors State License Board can reject applicants for having committed either of the following offenses even though it happened more than seven years prior:

  • a serious crime, like rape, murder, or grand theft,
  • a sex crime which requires them to submit to Tier II or Tier III registration, or
  • a financial felony connected to contracting

 

Spodek Law Group’s California Criminal Defense team might be able to help. We work with California professionals, including contractors resolve license discipline issues.

 

You will learn in this article about the impact of criminal convictions on contractors’ licenses.

This overview includes:

  1. What regulating body oversees contractors in California?
  2. How does the 7-year rule apply to contractors?
  3. Would a criminal conviction automatically trigger CSLB discipline?

 

The “Substantially Related” Standard

Conviction Defined

The Role of Rehabilitation

What is a Disciplinary Bond?

Will I be able to fight to keep my license?

 

If you still have questions after reading this article, feel free to contact us at Spodek Law Group for your free consultation.

 

What regulating body oversees contractors in California?

The regulating body that oversees Engineering Contractors, General Building Contractors and Specialty Contractors in California is called the Contractors State License Board (CSLB). The CSLB is made up of a 15-member board and an executive officer called the Registrar of Contractors.  Their mission, under the purview of California Department of Consumer Affairs, is to protect building industry customers from unscrupulous, irresponsible and dangerous contractors. They administer the Contractors’ State License Law and other administrative regulations.

This board has the responsibility of licensing more than 300,000 contractors in 43 classification categories.

 

How does the 7-year rule apply to contractors?

In general, the CSLB doesn’t deny licenses to applicants with a conviction from more than seven (7) years prior if the applicant successfully finished all the sentencing terms, including paying fines or completing community service.

That said, they can deny licenses to persons who have convictions at any time for any of these serious offenses:

  • An offense which mandates Tier II or Tier III sex offender registration;
  • a felony financial offense directly and adversely related to the fiduciary qualifications, functions, or responsibilities of contracting; or
  • a serious felony, as defined in Section 1192.7 of the Penal Code, which includes crimes such as murder, kidnapping, child abuse, rape, assault, robbery, arson and the like.

The conviction in question must be “substantially related” to the qualifications, functions, or duties of a contractor to trigger CSLB discipline

 

Would a criminal conviction automatically trigger CSLB discipline?

The conviction needs to be “substantially related” to the qualifications, functions, or responsibilities of a contractor to trigger CSLB discipline.  As a new applicant, a past criminal conviction can preclude or get in the way of your ability to obtain a contractors’ license.  Current regulations require applicant fingerprinting and criminal background checks.

 

The “Substantially Related” Standard

For the purposes of this discussion, a “substantially related” conviction is one that implicates a contractor’s ability to perform contracting work in a safe and responsible way.

When in doubt, the best course of action is to check with a knowledgeable lawyer regarding your particular circumstances to determine whether it might be substantially related to contracting work.

 

Conviction Defined

In this context, convictions are defined as felony and misdemeanor convictions that secured through guilty pleas and verdicts, and no contest pleas.  Even expunged criminal records can be viewed as a relevant conviction for these purposes.

The Registrar can act upon your conviction when the time for appeal has passed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made that suspends the imposition of sentence.

 

The Role of Rehabilitation

Rehabilitation — the idea that people can move past their crimes — is ca critical concept in contractor license discipline and license denial matters involving criminal convictions. Just because a person went through a rough season in the past does not mean that a person is unfit to do contracting work at present.

The Registrar may consider a number of factors in deciding whether a contractor or applicant has been rehabilitated, including how much time has elapsed since the conviction.

 

What is a Disciplinary Bond?

Part of a licensed contractor’s obligations is to post a disciplinary bond of at least $15,000 for license restoration following discipline, on top of any other bonds required by law.

 

Will I be able to fight to keep my license?

You put in hard work for your contractors’ license.  The CSLB is not allowed to just take it away or deny it without giving you the opportunity to challenge their decision.

There are various approaches to fighting for your license.

  1. You (or your attorney) can attempt to negotiate a deal that avoids a contractors’ license suspension.
  2. You can get a hearing before an administrative law judge. This works like a trial, in which you will have a chance to introduce evidence and cross-examine witnesses.
  3. Should you still end up losing your license, you will be able to petition CSLB for reinstatement down the line.

A skilled attorney can help you exercise your options and build a strong defense.  We have tools, too. We will use our tools to help you keep yours working.

 

The California Criminal Defense Attorneys at Spodek Law Group Can Help.

If you or a loved one is a contractor, and you should ever get charged with a crime, please contact us at Spodek Law Group. We will give you a free consultation in office or by phone.

Plus we have a wide array of articles on criminal law topics including Common Crimes from A to Z, Domestic Violence and California Gun Laws.


[trustindex no-registration=google]

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us