CPA & ACCOUNTANTS AND DUI
A certified public accountant must report a conviction of any felony or any crime related to the qualifications, functions or duties of an accountant within 30 days of conviction. B&P §5063(a).
Discipline for Accountants (Certified Public Accountants) in California is handled by the California Board of Accountancy. The Board will be notified if an Accountant has been convicted of any crime by the California Department of Justice. This typically will occur within 30 days of a conviction. A conviction of an accountant for DUI will cause the Board to issue an inquiry to the licensee requiring full disclosure of the facts and circumstances of the conviction including all Court Documents and Police Reports. The Board will thereafter conduct an investigation and determine if the facts and circumstances surrounding the conviction and determine what disciple to impose.
New Applicants for licensing and Accountants seeking to renew their license must fill out a Criminal Conviction Disclosure Form disclosing any plea, verdict, or finding of guilt including a plea of no contest to any criminal offense other than minor traffic offenses. Be aware that if you are an Accountant applying for licensure or renewal of your license in California that any misstatement on this form is grounds to deny your license.
Convictions are grounds for denial of licensure or revocation of accountancy licenses if the conviction is for a crime that is substantially related to the qualifications, functions, and duties of a certified public accountant.
Pursuant to Section 99.1 of Title 16 of the California Code of Regulations, the Board will consider the following criteria for discipline:
- Nature and severity of the act(s) or offenses.
- Criminal record and evidence of any acts committed subsequent to the acts or offenses under consideration which also could be considered as grounds for denial, suspension or revocation.
- The time that has elapsed since commission of the acts or offenses.
- The extent to which the applicant or licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant licensee.
- Evidence of expungement proceedings pursuant to Penal Code Section 1203.4.
- Evidence, if any, of rehabilitation submitted by the applicant or licensee.
If you are a CPA/Accountant, or intend to seek licensure through the California Board of Accountancy, and you have a pending DUI or other misdemeanor and/or felony charge, you need a qualified attorney who not only specializes in DUI defense, but also has the necessary training, experience and qualifications to represent you before the California Board of Accountancy.
Your best chance to avoid license discipline by the California Board of Accountancy is to have the best qualified lawyer to represent you for your DUI case. At the Law Office of Barry T. Simons you can be assured of the strongest commitment to the defense of your DUI charge coupled with experienced representation before the Board if necessary. Our goal is to avoid discipline by avoiding a conviction.