The client had applied for a nursing license which was denied. The client then appealed the denial, but she had no idea how to proceed or who to turn to. After speaking with a friend about the situation, that friend recommended that she immediately contact Damon and seek his advice. Damon’s initial challenge was to determine what the reason was for the denial of the client’s nursing license application and what can be done to overturn the denial.

Soon after being retained, Damon learned that the client’s nurse license was denied because she was currently on probation for two non-serious misdemeanors. Damon knew that there was no way our client could obtain her nursing license until she was off probation and her cases were expunged. Therefore, Damon jumped into action by filing a motion with the court to request the judge to terminate her probation early under Penal Code section 1203.3. If the motion was successful, Damon was then prepared to petition the court to “expunge” the cases under Penal Code section 1203.4. If those petitions were granted, the client could then argue to the nursing board that the criminal convictions have been dismissed and thus they are not a basis to deny the license.

Damon successfully petitioned the San Bernardino County Superior Court to grant his client early termination of her probation and a full expungement of all charges. At the hearing, the judge was very reluctant to terminate probation early. However, Damon continued to vigorously argue that the applications were in the interests of justice and, in the end, the judge finally agreed.

After having success at court, Damon provided documentation to the nursing board showing the client’s probation had been terminated and that the cases had been expunged. He argued that given this complete change in circumstances, the nursing board should reverse its earlier decision denying the nursing license and instead grant the license. The nursing board ultimately agreed and granted the client her nursing license.