The bill amends various sections of the Code of West Virginia to regulate the use of criminal records in determining eligibility for initial licensure in professions overseen by the Division of Labor and the State Fire Marshal. It prohibits licensing authorities from disqualifying applicants based on prior criminal convictions unless those convictions directly relate to the duties of the profession and pose a substantial risk to public safety due to a lack of rehabilitation. The bill specifies that licensing authorities must consider factors such as the nature of the crime, the time elapsed since the offense, and any evidence of rehabilitation. Additionally, it replaces the phrase "bears a rational nexus" with "directly and specifically relates" to clarify the criteria for evaluating the impact of a criminal conviction on an individual's professional capabilities.

Moreover, the bill allows individuals with criminal records who have not previously held a license to petition for a determination regarding their eligibility for licensure. It stipulates that applicants cannot be required to disclose arrests that did not lead to convictions and establishes that applicants may not be disqualified from initial licensure if five years have passed since their conviction, they have no subsequent convictions, and the offense was not violent or sexual in nature. The State Fire Marshal is tasked with updating relevant forms and public documents to reflect these changes, ensuring transparency in the licensing process. Overall, the legislation aims to create a more equitable and rehabilitative framework for assessing applicants with criminal histories while maintaining public safety standards.

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