Ex-Offenders Practice in Regulated Occupations

In determining whether an applicant for a state-regulated occupation is qualified to be registered, certified, or licensed, the act allows the entity with regulatory authority concerning the occupation (regulator) to consider an applicant's conviction for a crime for a 3-year period beginning on the date of conviction or the end of incarceration, whichever date is later.

If an individual's conviction is directly related to the profession or occupation for which the individual has applied for registration, certification, or licensure, the regulator may consider the conviction after the 3-year period has passed.

A regulator may only deny or refuse to renew a registration, certification, or license if the regulator determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety. An applicant's conviction for a crime does not, in and of itself, disqualify the applicant from being issued a registration, certification, or license.

The act allows an individual to petition a regulator to determine whether a criminal conviction will preclude the individual from becoming registered, certified, or licensed prior to that individual completing any other requirements for such credentialing. If a regulator determines that an individual's conviction will likely be considered, the regulator shall advise the individual of any actions the individual may take to remedy the disqualification.

The act places the burden of proof for denial of an applicant on the regulator to demonstrate that denial based on the applicant's criminal conviction directly connects to potential performance in the profession or occupation for which the applicant seeks credentialing.

APPROVED by Governor June 4, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)