Petitions for Modification, Termination of Probation, or Reinstatement
Professional license discipline can disrupt your practice and harm your reputation. If you have been placed on probation, you can petition your licensing agency to modify your probation conditions or petition for a shortened probation. If your license has been revoked, you can petition your licensing agency to reinstate your license. Many state agencies include forms and instructions on their websites for completing such petitions. For example, the California Medical Board provides its actual petition and detailed instructions for completing the petition on its site.
Timelines and Other Considerations
If you are the subject of a new accusation from your licensing agency or on probation because of a criminal conviction, you generally cannot petition to modify or shorten your probation or to reinstate your license.
In addition, depending on the type of discipline imposed, agency-specific statutes provide minimum times before you can petition for disciplinary relief. For example, medical board statutes impose the following constraints:
- Modifying a condition of probation: One year
- Terminating probation: Two years if probation of three or more years was ordered; one year if probation of fewer than three years was ordered
- Reinstating your license: Three years if license was revoked or surrendered because of unprofessional conduct; one year if license was revoked or surrendered because of physical or mental illness.
In addition, some licensing agencies also specify certain materials that must accompany your petition for relief. The licensing agency will typically require a statement that explains your rehabilitation efforts, as well as your efforts to ensure the conduct that led to discipline will not recur. Agencies may also require recommendations from one or more license holders in the same profession and letters of support from other individuals who can attest to your rehabilitation. Most agencies also detail criteria for demonstrating rehabilitation in their agency-specific statutes or regulations.
Focus on Rehabilitation
Petitions for modifying or terminating probation or reinstating your license require supporting documentation and evidence of your rehabilitation efforts. Generally, the board or agency is evaluating:
- Your activities during the time since the conduct or conviction
- The nature and severity of the acts or crimes that led to discipline
- Whether you have complied with the terms of any criminal probation
- Your performance on probation to the board, if applicable
- If applicable, evidence of expungement of a conviction pursuant to Penal Code section 1203.4
- Evidence of rehabilitation, which may include counseling or therapy and community service
- Acceptance of responsibility, including restitution where appropriate and expression of remorse