Professional Licensing. The Department of Licensing (DOL) regulates a number of businesses and professions. For regulated professions, 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 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. In 2021, the Legislature passed HB 1399, which created a process for a person with a criminal conviction to request a determination of whether that criminal history is disqualifying for obtaining a professional license administered by DOL.
Preliminary Applications. An individual with a criminal conviction may submit a preliminary application to DOL, or a board or commission supported by 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 authorities are directed to consider the following factors when determining whether an applicant with previous criminal convictions is eligible to be licensed:
The licensing authority is directed to provide a written determination that includes:
Licensing authorities are not allowed to disqualify an individual based on a juvenile conviction or a conviction that has been sealed, dismissed, expunged, or pardoned.
PRO: This committee adopted HB 1399, and we want to build on this bill to help people with previous convictions get jobs. Convictions make people ineligible for a large number of jobs. This bill is aimed at removing barriers for employment and gives people an opportunity to have jobs. This allows businesses to determine whether they want to take the risk rather than having the state government make that decision made for them. This is a workforce development bill. If we believe in rehabilitation and redemption, we need to pass this bill. Stable employment will reduce recidivism. This bill will change lives.