The bill amends various sections of the Code of West Virginia to enhance the licensing process for certain professions overseen by the Division of Labor and the State Fire Marshal, particularly concerning applicants with prior criminal convictions. It prohibits licensing authorities from disqualifying applicants solely based on past convictions unless those convictions are directly related to the profession's duties and pose a significant risk to public safety due to a lack of rehabilitation. The bill specifies that authorities must consider factors such as the nature of the crime, the time elapsed since the offense, and evidence of rehabilitation when assessing the relevance of a criminal record. Additionally, it replaces the phrase "bears a rational nexus" with "directly and specifically relates" to clarify the evaluation criteria.

Moreover, the legislation allows individuals with criminal records who have not previously held a license to petition for a determination of their eligibility for licensure. It establishes that applicants cannot be disqualified if five years have passed since their conviction, they have no subsequent convictions, and the offense was not violent or sexual in nature. The bill also mandates that arrests not leading to convictions cannot be considered in the licensing process. To ensure transparency, the State Fire Marshal is required to update relevant forms and public documents to reflect these changes. Overall, the bill aims to create a more equitable and rehabilitative licensing process for individuals with criminal histories while maintaining public safety.

Statutes affected:
Introduced Version: 17A-6-6, 19-2C-5b, 19-23-8, 21-1-6, 21-5-5c, 21-14-6, 21-16-7, 29-3B-4, 29-3C-4, 29-3D-6, 30-1-24, 30-5-9, 30-5-11a, 30-6-8, 30-6-17, 30-20-8a, 30-32-10a, 30-36-10, 31-17A-5, 32A-2-8, 33-13C-3, 33-13C-4
Committee Substitute: 21-1-6, 21-5-5c, 21-14-6, 21-16-7, 29-3B-4, 29-3C-4, 29-3D-6