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Board of Registered Nursing committee approves seeking notice requirement for vacate petitions under Penal Code 236.15
Summary
The Board of Registered Nursing(Nurse Practice Committee) voted Jan. 22 to ask staff to pursue legislation amending Penal Code Section 236.15 to require petitioners seeking to vacate convictions to notify licensing bodies when the crime is substantially related to professional practice, allowing licensing boards to provide input to trial courts.
On Jan. 22, 2025, the Board of Registered Nursing(BRN) Nurse Practice Committee voted to authorize staff to pursue legislation requiring that petitioners who seek to vacate convictions under Penal Code Section 236.15 notify the petitioner—s licensing body when the offense is substantially related to their professional practice.
The committee approved a motion to forward the proposed bill language to an author and for BRN staff to work with the author—s office on language and revisions throughout the legislative session. Committee Chair Nilu Patel made the motion; Jovita Dominguez seconded. The motion passed with recorded votes of Nilu Patel, Jovita Dominguez and Vicky Granowitz voting yes.
The item grew out of the board—s experience after Assembly Bill 124 (2021) added Penal Code Section 236.15, which allows courts to consider and, where appropriate, vacate arrests and convictions that resulted from an individual—s being a victim of intimate partner or related violence. Under AB 124, a granted petition results in the conviction being dismissed and related records sealed and destroyed.
BRN presenter Marissa told the committee the board supports the policy intent of AB 124 but identified a recent case in which a licensee convicted of possession of material that is redacted in the transcript petitioned to vacate the conviction while the board—s separate administrative accusation was pending. "We were not aware that the petition was made, which means that we were not able to provide the trial court with any type of input or feedback from the board's perspective prior to the ruling on the petition," Marissa said. The trial court granted the petition, and the board was then unable to use the conviction in its administrative proceeding, she said.
Marissa described the proposed legislative fix as limited: it would add a requirement that a petitioner notify the relevant licensing body when the underlying conviction is "substantially related" to professional practice, so the licensing body can provide information to the court before a final decision. "We're not looking to change that, and we just wanna be able to provide some input on the front end if deemed, in the area of public protection," Marissa said.
The proposal would not alter the court—s ultimate discretion to grant or deny a petition under Penal Code Section 236.15; it would only require notice in cases where the offense has a nexus to licensed practice. Marissa told the committee the text of the proposed language appears in the packet (pages 13—16) and that the underlined text in the draft represents the addition the BRN staff is recommending.
No members of the public registered to speak during the committee—s discussion of this item. After the committee vote, staff confirmed the committee—s recommendation will be forwarded to the full board and placed on the board—s February meeting agenda for consideration.
The committee—s action authorizes BRN staff to seek an author to introduce the bill and to work with that author—s office on revisions during the legislative session. If the full board approves the recommendation, staff would proceed with drafting and stakeholder outreach as the legislative process requires.
