California § 44346 - The commission shall deny an application for the issuance of a credential or for

§ 44346. The commission shall deny an application for the issuance of a credential or for

(a) The commission shall deny an application for the issuance of a credential or for the renewal of a credential made by any applicant who comes within any of the following classes: (1) Has been determined to be a sexual psychopath under the provisions of former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. (2) Has been convicted of a sex offense, as defined in Section 44010. (3) Has been convicted of a controlled substance offense, as defined in Section 44011. (4) Has been found to be insane through a criminal proceeding by a federal court or a court in this or any other state. (b) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a), a person shall not be denied a credential solely on the basis that the person has been convicted of a crime specified in paragraphs (2) and (3) of subdivision (a) if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, and if probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (2) Notwithstanding any other law, the commission shall deny the application of an applicant who is required to register as a sex offender pursuant to either of the following: (A) Section 290 of the Penal Code. (B) A law of any other state or of the United States when the underlying offense, if committed or attempted in this state, would require registration as a sex offender under Section 290 of the Penal Code. (c) (1) Notwithstanding paragraph (3) of subdivision (a) or subdivision (b), the commission may issue a credential to a person convicted of a controlled substance offense, as defined in Section 44011, if the commission determines from the evidence presented that the person has been rehabilitated for at least five years, or has received a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or if the accusation or information against the person has been dismissed and the person has been released from all disabilities and penalties resulting from the offense pursuant to Section 1203.4 of the Penal Code. (2) Notwithstanding paragraph (3) of subdivision (a), a person shall not be denied a credential solely on the basis that they have been convicted of a crime specified in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code, if that conviction is more than five years old, and for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49 of the Penal Code. (d) Notwithstanding paragraph (4) of subdivision (a), the commission may issue a credential to a person found to be insane through a criminal proceeding by a federal court or a court in this or any other state if the commission determines from the evidence presented that the person has been rehabilitated for at least five years.