California Codes

Cal. Education Code § 44346.1 (2026)

✓ current as of May 2026

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(a)The commission shall deny any application for the issuance of a credential made by an applicant who has been convicted of a violent or serious felony or a crime set forth in subdivision (a) of Section 44424 or whose employment has been denied or terminated pursuant to Section 44830.1.

(b)This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony.

(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.

(d)Notwithstanding subdivision (a), the commission may, but is not required to, grant a credential to an applicant who has been convicted of a violent or serious felony if the person is eligible for, and has obtained, a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2004–2023 · leading case: Gebremicael v. California Commision on Teacher Credentialing, 2004 Cal. Daily Op. Serv. 4647 (Cal. Ct. App. 2004).

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Gebremicael v. California Commision on Teacher Credentialing, 2004 Cal. Daily Op. Serv. 4647 (Cal. Ct. App. 2004). · cites it 4× “DISCUSSION Plaintiff claims the mandatory denial provision of Education Code section 44346.1 does not apply to him because at the time of his applications he stood convicted of a misdemeanor, not a felony.”

People v. Villalpando CA4/2 (Cal. Ct. App. 2023). “(Ed. Code, § 44346.1, subd. (c), Pen. Code, § 1192.”

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