Under California Health and Safety Code Section 1522, non-exemptible crimes are a defined set of convictions that permanently disqualify a person from working, volunteering, or living in a state-licensed community care facility. The California Department of Social Services has no discretion to grant an exemption for these offenses, no matter how old the conviction, how strong the rehabilitation evidence, or how sympathetic the circumstances. A narrow statutory exception exists for a short list of violent felonies, and it requires ten years of documented good conduct plus a district attorney’s recommendation.
What “Non-Exemptible” Actually Means
When someone connected to a licensed care facility has a criminal record, CDSS reviews it and decides whether to grant a criminal record exemption. For most convictions, an exemption is possible. The person submits evidence of rehabilitation, character references, training records, and a personal statement, and CDSS weighs whether the evidence is substantial and convincing.
Non-exemptible convictions sit outside that process entirely. The statute itself strips CDSS of the authority to grant an exemption, so the department cannot consider the individual’s circumstances even if it wanted to. The notification that arrives after the background check is not an invitation to apply for an exemption. It is a disqualification, and the individual must be removed from the facility immediately.
Someone with an old drug possession or theft conviction can go through the exemption process and potentially keep working. Someone with a conviction for sexually abusing a child cannot. The line is drawn by statute.
The Full List of Non-Exemptible Offenses
Health and Safety Code Section 1522(g)(1)(A) sets out the Penal Code sections that trigger automatic disqualification. Parallel language appears in Sections 1568.09, 1569.17, and 1596.871, covering different facility types. The offenses fall into four broad groupings.1California Legislative Information. California Health and Safety Code 1522
Sex Offenses
Sexual battery under Penal Code 243.4, rape committed with another person under Penal Code 264.1, lewd or lascivious acts with a child under 14 under Penal Code 288, and forcible sexual penetration under Penal Code 289 are all non-exemptible. Any offense that underlies a sex offender registration requirement listed in Penal Code 290(c) is also non-exemptible. It is the underlying conviction that bars the person, not the registration itself.2California Department of Social Services. Non-Exemptible Crimes
Crimes Against Children
Felony child endangerment under Penal Code 273a(a), assault on a child under eight resulting in death or serious injury under Penal Code 273ab, and corporal punishment or injury of a child under Penal Code 273d are all permanently disqualifying. A rare carve-out preserves exemption eligibility for Penal Code 273a convictions that occurred before January 1, 1965.1California Legislative Information. California Health and Safety Code 1522
Elder and Dependent Adult Abuse
Any conviction under Penal Code 368 is non-exemptible. That statute covers physical abuse, neglect, and financial exploitation of elders or dependent adults, and because many community care facilities serve aging populations, the legislature treats this category with no tolerance.
Violent Felonies
Assault with intent to commit rape, sodomy, or oral copulation under Penal Code 220, torture under Penal Code 206, carjacking under Penal Code 215, poisoning food or water under Penal Code 347(a), brandishing a firearm in certain circumstances under Penal Code 417(b), and felony arson of an inhabited structure or arson causing great bodily injury under Penal Code 451(a) and (b) are each independently non-exemptible.3California Legislative Information. California Health and Safety Code 1596.871
The other violent felonies listed in Penal Code 667.5(c), which include murder, voluntary manslaughter, mayhem, kidnapping, and robbery, also appear on the non-exemptible list. Some of these fall within the narrow exception discussed below; others do not.
Stricter Rules for Child Placement Facilities
Facilities that accept foster children or dependent minors operate under a tighter standard. A felony conviction for child abuse or neglect is non-exemptible in these settings even when the same conviction might otherwise qualify for the narrow violent-felony exception. Felony convictions for specified offenses within the preceding five years also create an absolute bar for applicants at child placement facilities, regardless of rehabilitation evidence.1California Legislative Information. California Health and Safety Code 1522
The Narrow Exception for Certain Violent Felonies
Not every offense on the non-exemptible list is a permanent bar with no pathway forward. The statute carves out a limited exception for four categories of violent felonies drawn from Penal Code 667.5(c):
- Murder or voluntary manslaughter
- Mayhem
- Felonies punishable by death or life imprisonment
- Felonies involving great bodily injury or firearm use
For these specific convictions, CDSS may grant an exemption, but only if the applicant satisfies every one of the following conditions:
- Demonstrates rehabilitation under the standards in Penal Code 4852.03
- Has maintained the good conduct required by Penal Code 4852.05 for at least ten continuous years
- Either obtains a written recommendation from the district attorney of the county where the applicant lives, or holds a formal certificate of rehabilitation
This is an extraordinarily high bar, and most people convicted of these offenses will never clear it. But the door is technically cracked open, which distinguishes this group from the sex offense, child abuse, and elder abuse categories, where no pathway exists at all.2California Department of Social Services. Non-Exemptible Crimes
Who the Bar Applies To
The disqualification reaches far beyond direct caregivers. Everyone with meaningful access to a licensed community care facility must clear a background check, and a non-exemptible conviction bars every one of these categories:
- License applicants and current licensees
- All employees who have contact with clients, including administrative and maintenance staff
- Volunteers who have routine contact with clients
- Adult residents living in home-based facilities, even if they play no caregiving role
The last category catches people off guard. An adult child moving back in with a parent who runs a licensed home daycare must submit fingerprints and receive clearance before having any contact with clients. A non-exemptible conviction in that adult’s record means either the adult cannot live there or the parent cannot continue operating the licensed facility.4California Department of Social Services. Background Check Process
What Happens When a Non-Exemptible Conviction Shows Up
After Live Scan fingerprints are submitted, the California Department of Justice searches state and federal criminal databases and returns any matching record to CDSS. Staff review the transcript and classify each conviction as exemptible or non-exemptible.4California Department of Social Services. Background Check Process
When the conviction is non-exemptible, CDSS issues a formal disqualification notice. The individual must be removed from the facility right away. There is no exemption package to file, no rehabilitation evidence to gather, and no appeal that will change the substantive outcome, because the statute gives CDSS no authority to weigh those factors.
A facility that keeps the person on premises anyway faces civil penalties. For child daycare facilities and crisis nurseries, the fine is $100 per violation per day for up to five days on a first offense, with subsequent violations within a 12-month period carrying the same daily penalty for up to 30 days. CDSS can also treat the violation as grounds for disciplinary action against the facility’s license, up to and including revocation.5Legal Information Institute. California Code of Regulations Title 22 Section 86519 – Criminal Record Clearance3California Legislative Information. California Health and Safety Code 1596.871
Out-of-State Convictions
A conviction from another state will not slip through. Under the federal Child Care and Development Block Grant Act, background checks for child care staff must include a search of criminal and sex offender registries in every state where the individual has lived during the preceding five years, along with state child abuse and neglect registries. A recent move to California does not shield an out-of-state conviction from CDSS review.6Office of the Law Revision Counsel. 42 USC 9858f – Criminal Background Checks
Federal Exclusion Is a Separate System
The non-exemptible crime framework is entirely a matter of California law. Facilities that participate in federal health care programs also have to screen against the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals and Entities. Federal law requires mandatory exclusion for convictions involving Medicare or Medicaid fraud, patient abuse or neglect, felony health care fraud, and felony offenses related to the unlawful manufacture or distribution of controlled substances.7Office of Inspector General (OIG). Exclusions Background
The two lists overlap in some categories, particularly patient abuse, but they are governed by different statutes and produce different consequences. A conviction that clears California’s non-exemptible list may still trigger federal exclusion, and a facility that bills Medicare or Medicaid for services provided by an excluded individual faces civil monetary penalties of up to $10,000 per item or service claimed, plus an assessment of up to three times the amount claimed.8Office of Inspector General (OIG). Special Advisory Bulletin – The Effect of Exclusion From Participation in Federal Health Care Programs
For anyone facing a disqualification notice, the practical takeaway is straightforward. If the conviction sits in one of the sex offense, child abuse, elder abuse, or non-excepted violent felony categories, no exemption exists under California law. If it falls within the narrow violent felony exception, the pathway forward runs through ten years of documented good conduct and either a certificate of rehabilitation or a district attorney’s written recommendation, and nothing shorter will do.