May 19–Don Kercell thinks he’s earned a second chance.

The Contractors State License Board does not agree.

And therein lies a tale of choices and consequences; crime and punishment; addiction and rehabilitation; public protection and personal redemption — and second chances.

Kercell is a 48-year-old resident of Rio Linda. In his youth, he discovered two things. One was that he had a talent for working with concrete.

The other was methamphetamine.

The former, coupled with an impressive work ethic, kept Kercell gainfully employed much of the time. The latter put him in prison.

“I guess I started (doing meth) when I was 20,” he said in an interview. “I’ve done drugs half my life, but I’ve always worked.”

In 1995, at the age of 36, Kercell’s life hit the skids. Over the next decade, he was convicted of, and served time for, an array of crimes that included drug possession, possession of an assault weapon, battery and drug manufacturing.

While doing a three-year term at Soledad, he was pushed “kicking and screaming” into a full-time drug rehabilitation program.

“They had a lot of good things to say,” Kercell said. “There were some things I disagreed with, but the bottom line is I’m done with it, and I’ve been clean and done everything right since I got out.”

That was in March 2005. After working here and there, Kercell answered a help wanted ad placed by Jim Alexander Concrete Construction in September.

“I’d say 99 percent of the guys who answer those ads are worthless,” Alexander told me, “but it was clear from the start that Don knew what he was doing.”

Alexander said Kercell is not only a whiz when it comes to concrete work, but a model employee: “He hits the job running, he is reliable, he’s easygoing and he’s honest.”

In late 2005, Kercell decided to try and get his own concrete contractors license, as a way to make more money and be able to legally freelance side jobs while working for Alexander. He took a course to prep him for the exam, paid his fees, posted his bond and aced his test.

But the CSLB rejected his application. According to board spokesman Rick Lopes, it wasn’t a knee-jerk reaction to Kercell’s drug and prison past. Nearly a fifth of all license applicants have criminal histories, Lopes said. But fewer than 4 percent are denied licenses on that basis. Those denied fall into three general categories of offenses: burglary, consumer fraud and violent acts.

“Our main role is to protect consumers,” Lopes said, “and if there are concerns, we are always going to err on the side of not granting the license.”

The board’s concern that tripped up Kercell’s chances has to do with a fight he had nine years ago. In 1998, Kercell said, he was returning from visiting his mom in Arizona when he got into a fight with a Southwest Airlines flight attendant at the Sacramento airport.

Kercell says the other guy swung first. But airport security cameras weren’t working, and Kercell’s word as an ex-con was considered less than golden. Because he was already doing time on a parole violation, he agreed to plead no contest to the battery charge since he wasn’t facing any additional jail time.

“I never should have done it (pleaded out),” Kercell said. “I never would have if I’d known it would cause this trouble.”

On June 6, Kercell will take his appeal of the board’s denial before an administrative law judge. If the judge turns him down, Kercell’s only practical choice is to wait a few more months and reapply.

“All I want is a license,” he said. “I’m through with drugs, with all the trouble it causes.

“I just want a second chance.”