Legal & EthicalQuestion 186 of 200

Which criminal background finding would generally disqualify an applicant from California CNA certification?

a.A first-time non-violent misdemeanor unrelated to patient care that was dismissed after the applicant completed probation and paid the fine
b.A speeding ticket received twenty years before the application
c.A jaywalking citation that was paid and closed
d.A conviction for elder abuse, sexual assault, or any serious or violent felony as defined by HSC §1337.9 and PC §667.5(c)/§1192.7(c)

Explanation

Under HSC §1337.9 and §1338.5, CDPH performs a criminal background check (live scan fingerprints with DOJ and FBI) on every CNA applicant. Convictions for offenses such as elder/dependent adult abuse, sexual assault, child abuse, serious/violent felonies (PC §667.5(c), §1192.7(c)), or substantiated findings of abuse, neglect, or misappropriation of resident property generally bar certification. Some non-serious convictions allow a criminal record waiver if the applicant demonstrates rehabilitation. Speeding tickets, jaywalking, and unrelated minor misdemeanors are generally not disqualifying.

Law Reference: HSC §1337.9; HSC §1338.5

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