Moustafa v. Board of Registered Nursing

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Moustafa applied for a license to be a registered nurse and disclosed she had been convicted of four misdemeanors that were subsequently dismissed under Penal Code section 1203.4. The Board of Registered Nursing her a probationary license as a result of three of those convictions—two for petty theft and one for vandalism--and the conduct underlying the convictions. Moustafa opposed the restriction. The trial court, relying on Business and Professions Code section 480(c), which bars a licensing board from denying a license “solely on the basis of a conviction that has been dismissed pursuant to Section 1203.4,” ruled in favor of Moustafa. The court of appeal reversed, reasoning that until July 2020, when legislation amending section 480 takes effect, the Board may deny or restrict a license based on the conduct underlying a dismissed conviction, but only when the conduct independently qualifies as a basis for denying a license. Conduct does not necessarily so qualify merely because it involves some act of theft, dishonesty, fraud, or deceit. Conduct qualifies only if it substantially relates to the applicant’s fitness to practice nursing. Applying this standard, the Board could restrict Moustafa’s license based on the conduct underlying the petty thefts, but not on the conduct underlying the vandalism. View "Moustafa v. Board of Registered Nursing" on Justia Law