10150.5.
(a) Notwithstanding any other provision of law, except as provided in subdivision (c), with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory or under military or federal law, the commissioner shall be subject to the following requirements:(1) The commissioner shall deny an application as a real estate salesperson or real estate broker pursuant to this part.
(2) If the individual is licensed under this part, the commissioner shall revoke the license of the individual. The commissioner shall not stay the revocation and place the license on probation.
(3) The commissioner shall not renew or reinstate the individual’s license under this part. The commissioner shall not issue a stay of license denial and place the license on probation.
(b) Except as provided in subdivision (c), a person licensed pursuant to this division as a real estate salesperson or real estate broker who is convicted of an offense that requires the individual to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory or under military or federal law, shall, within five days of the imposition of sentence, notify the commissioner.
(c) This section shall not apply to any of the following:
(1) An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law or the law of the jurisdiction that requires his or her registration as a sex offender.
(2) An individual who has obtained a certificate of rehabilitation and pardon under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, and his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.
(3) An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. However, nothing in this paragraph shall prohibit the commissioner from exercising his or her discretion to discipline a licensee under other provisions of state law based upon the licensee’s conviction under Section 314 of the Penal Code.
(4) Any administrative adjudication proceeding under Chapter 5 (commencing with Section 11500) of Part 1 of Title 2 of the Government Code that is fully adjudicated prior to January 1, 2010. A petition for reinstatement of a revoked or surrendered license shall be considered a new proceeding for purposes of this paragraph, and the prohibition against reinstating a license to an individual who is required to register as a sex offender shall be applicable.
(d) (1) Five years after the effective date of the revocation and three years after successful discharge from parole, probation, or both parole and probation, an individual may petition the superior court in the county in which the individual has resided for, at a minimum, five years prior to filing the petition, to hold a hearing within one year of the date of the petition, in order for the court to determine whether the individual no longer poses a possible risk to the public. The individual shall provide notice of the petition to the Attorney General and to the commissioner at the time of its filing. The Attorney General and the commissioner may present written and oral argument to the court on the merits of the petition.
(2) If the court finds that the individual no longer poses a possible risk to the public, and there are no other underlying reasons for disciplinary action previously taken by the commissioner, the court shall order, in writing, the commissioner to reinstate the individual’s license within 180 days of the date of the order. The commissioner may issue a restricted license as prescribed in Sections 10156.5 and 10156.7 to an individual subject to this section subject to the terms and conditions, including, but not limited to, any of the conditions as specified in Sections 10156.6 and 10156.8.
(3) If the court finds that the individual continues to pose a possible risk to the public, the court shall deny relief. The court’s decision shall be binding on the individual and the commissioner, and the individual is prohibited from filing a subsequent petition under this subdivision based on the same conviction.
(4) If a court denies the individual a certificate of rehabilitation and pardon under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, the individual may not petition the superior court for reinstatement of the individual’s license pursuant to this subdivision.