Moustafa

Moustafa v. Bd. of Registered Nursing

Good Law
240 Cal. Rptr. 3d 873·29 Cal. App. 5th 1119
Court of Appeal of CaliforniaDecember 10, 2018A150266California7,325 words

Opinion

Lead Opinion

Humes, J.

*1124 Radwa Mohamed Moustafa applied for a license to be a registered nurse and, in the course of doing so, disclosed she had been convicted of four misdemeanors that were subsequently dismissed under Penal Code section 1203.4. The Board of Registered Nursing (Board) granted her a probationary license as a result of three of those convictions-two for petty theft and one for vandalism-and the conduct that gave rise to them.

*1125 Moustafa opposed this restriction and filed a petition for a writ of administrative mandate in the trial court. The court granted the petition, relying on *876 Business and Professions Code 1 section 480, subdivision (c) ( 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... of the Penal Code."

On appeal, the Board contends that its decision must be upheld and the trial court erred by granting Moustafa's petition because (1) section 480(c) applies only when an applicant has a single dismissed conviction; and (2) even if section 480(c) did apply, Moustafa's license restriction was lawful because of the conduct underlying the convictions. Although we…

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