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. Requirements for a professional license, certificate, registration, or permit vary considerably.
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. 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 applicants are ineligible for a CROP, and 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.
Licensing Determinations Available for Those with Criminal Convictions.
Preliminary Applications.
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 preliminary application may include additional information about the individual's current circumstances, including time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.
Written Determinations.
The licensing authority must make a determination in writing, within two months of receiving a preliminary application, of whether an individual's criminal conviction would disqualify the person from obtaining a professional license. If the licensing authority determines an individual's criminal conviction would disqualify the individual, the licensing authority's written determination must include findings of fact and conclusions of law, and may advise the individual of any action that may be taken to remedy the disqualification. An individual may appeal the determination to the licensing authority.
The appropriate licensing authority may disqualify an individual if it determines the individual's criminal conviction is related to the occupation or profession, unless the individual has received a CROP.
Licensing Determinations Available for Those with Criminal Convictions.
Preliminary Applications.
When making a determination on a preliminary application submitted by an individual who has a criminal conviction, the appropriate licensing authority must consider, in addition to existing factors, the following factors:
Written Determinations.
If the licensing authority determines an individual's criminal conviction would disqualify the individual, the licensing authority must include the following in its written determination:
The appropriate licensing authority may also not disqualify an individual based on: (1) a conviction that has been sealed, dismissed, expunged, or pardoned; or (2) a juvenile adjudication.
(In support) This bill builds on legislation passed unanimously last year in both chambers which changed how the Department of Licensing would determine whether people with criminal records are eligible for a license, by expanding on those opportunities to get a license. Successful entry into the labor force is shown to greatly increase the chances that a former prisoner will not re-offend, but government barriers to reintegrating into the labor force, including occupational licenses, can be a barrier to those with criminal records to finding a new career and getting a new start. Laws restricting licensing opportunities for workers with criminal records have also been shown to have a disproportionate impact on black and Hispanic workers. This is a workforce development bill. It is important to promote public policy encouraging people who are working hard to obtain professional licensure so that they can succeed in the workforce, provide for their families, and become productive, law-abiding citizens. The additional reforms in House Bill 1874 will help reduce recidivism and help provide businesses with qualified workers.
(Opposed) None.