Med. Bd. of Cal. v. Superior Court of S.F.

*728 *3 In this writ proceeding, we construe two statutes involving the use of arrest records to support disciplinary proceedings involving professional licensees in the healing arts. Penal Code section 1000.4 provides generally that "[a] record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. ..." ( Pen. Code, § 1000.4, subd. (a).) 1 In contrast, Business and Professions Code section 492 ( Section 492 ) states as follows: "Notwithstanding any other provision of law, successful completion of any diversion program under the Penal Code ... shall not prohibit any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division, from taking disciplinary action *4 against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest." ( Bus. & Prof. Code, § 492.) Because we conclude that Section 492 creates a blanket exemption from…