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HomeEducation CodeDiv. 3Pt. 25Ch. 1Art. 1§ 44009 Teacher Conviction Disqualification

§ 44009 Teacher Conviction Disqualification

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 44009 Teacher Conviction Disqualification

Key Takeaways

  • •If you say you're guilty in court, even if you later get probation or change your plea, it still counts as a conviction for certain jobs.
  • •If you were convicted of a drug crime, it can be used as proof of bad behavior to fire you from some jobs.
  • •Even if your case is dismissed later, the guilty plea or verdict can still be used against you for certain job rules.

Example

A teacher gets caught with drugs and says they're guilty in court. Later, they get probation and the case is dismissed.

Even though the case was dismissed, the school can still use the guilty plea to fire the teacher because it counts as a conviction for their job.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 44009 Teacher Conviction Disqualification

(a) A plea or verdict of guilty or finding of guilt by a court in a trial without a jury, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of Sections 44242.5, 44345, 44346, 44346.1, 44424, and 44425, irrespective of a subsequent order for probation suspending the imposition of a sentence or an order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. (b) The record of a narcotics offense, as defined in Section 44011, shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, relating to the dismissal of permanent employees. (c) A plea or verdict of guilty, or finding of guilt by a court in a trial without a jury, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of Sections 44836 and 45123, irrespective of a subsequent order for probation suspending the imposition of a sentence or an order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The record of conviction shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Section 44907 and Sections 44932 to 44947, inclusive, relating to the dismissal of permanent employees. (Amended by Stats. 2008, Ch. 577, Sec. 1. Effective January 1, 2009.)

Last verified: January 23, 2026

Key Terms

convictionprobationsentenceemployeeoffensetrialverdictfine

Related Statutes

  • § 87009 Conviction For Employment Dismissal
  • § 88022 Community College Employment Restrictions
  • § 87013 New Employee Fingerprinting Requirement
  • § 45122.1 School Employee Felony Ban
  • § 87405 Community College Employment Restrictions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 44009.
View Official Source