Professional Licensing.
The Department of Licensing (DOL) regulates a number of businesses and professions. For regulated professions, the DOL issues licenses and ensures compliance with professional standards and laws. Examples of professions regulated directly by the DOL, or in coordination with a board or commission, include:
Requirements for a professional license, certificate, registration, or permit vary considerably. Some professions may require:
Many professions have provisions for some form of reciprocity or consideration of experience from other states or military service. In addition, the DOL and other licensing authorities must expedite the issuance of a broad range of professional licenses, certificates, registrations, or permits for qualified military spouses.
Certificate of Restoration of Opportunity.
A person with a criminal record may be eligible to obtain a Certificate of Restoration of Opportunity (CROP) from a superior court. To be eligible, specific time periods must have passed since sentencing, supervision, or release from confinement, and an applicant must be in compliance with or have completed all sentencing requirements, including legal financial obligations.
An applicant with any new arrests, convictions, or pending criminal charges or known imminent charges, or who is required to register as a sex offender, is not eligible for a CROP. In addition, an applicant is not eligible if convicted of any of the following: a class A felony, an Attempt to Commit a class A felony, or Criminal Solicitation of or Criminal Conspiracy to commit a class A felony; a sex offense; a crime that includes Sexual Motivation; Extortion in the first degree; Drive-By Shooting; Vehicular Assault; or Luring.
When a qualified applicant holds a CROP and meets all other statutory or regulatory requirements, a licensing authority may not refuse a license, certificate of authority, or qualification to engage in the practice of any profession or business solely based on the applicant's criminal history.
Certain professional licenses are not covered by a CROP, including the following professions regulated by the DOL: accountants; bail bond agents; escrow agents; private investigators; security guards; notaries public; and real estate brokers and salespersons.
An individual with a criminal conviction may submit a preliminary application to the DOL, or a board or commission supported by the DOL, for a determination of whether that criminal history will disqualify the individual from obtaining a professional license. The individual may submit the preliminary application at any time, including before obtaining any required education or paying any licensing fee. The DOL may charge a fee not to exceed $100 for each preliminary application filed.
Once the preliminary application has been received, the licensing authority must make a determination of whether the individual's criminal conviction would disqualify the person from obtaining a professional license. The licensing authority may disqualify the individual if it determines the individual's criminal conviction is related to the profession. The determination must be made in writing within six months after receiving a preliminary application. An individual may appeal the determination to the licensing authority. A person may not file another preliminary application with the same licensing authority within two years after the final decision on the previous preliminary application, except when the applicant has taken action to remedy the disqualification.
A criminal conviction may not disqualify an individual from obtaining a professional license in any instance where the individual has requested and received a CROP.
(In support) Nearly one-third of all Americans have some type of criminal history. Approximately 25 percent of all jobs require some form of licensing. This is a good social justice bill that helps people move on with life after paying their debt to society. It removes barriers for people living on the margins and is a step toward unraveling systemic racism. The bill does not just remove barriers to getting a job but allows people to pursue a profession. This is an evidence-based bill that makes existing laws and regulations better for workers and people seeking work. Nineteen other states have enacted a similar policy. Recidivism rates are lower in states where people are allowed into the workforce with criminal history.
(Opposed) None.
(Other) The DOL has six months to determine whether an applicant's criminal history is disqualifying for a profession, which is longer than it takes to complete the requirements for some professional licenses. The DOL should be given less time to make the determination.
(In support) This bill allows individuals with criminal convictions to obtain professional and occupational licenses. Studies have shown that having access to professional licenses and employment opportunities can reduce recidivism rates. Laws restricting employment security and opportunities for individuals with criminal records tend to have a disproportionate impact on minorities. This bill grants individuals with a criminal past the certainty of obtaining professional or occupational licenses. It would save these individuals the inconvenience and disappointment should they be rejected from obtaining licenses after they had invested the time and resources in courses and training. This is a simple yet important bill that gives people the opportunity to have a fresh start.
(Opposed) None.