The bill amends the West Virginia Code to regulate how criminal records are used in the licensing process for certain professions overseen by the Division of Labor and the State Fire Marshal. It prohibits licensing authorities from disqualifying applicants solely based on prior criminal convictions unless those convictions are directly related to the profession's duties and pose a substantial risk to public safety due to a lack of rehabilitation. The bill specifies factors that must be considered when evaluating the relevance of a criminal conviction, including the nature of the crime, the time elapsed since the offense, and evidence of rehabilitation. Additionally, it allows individuals with criminal records who have not previously held a license to petition for a determination of their eligibility for licensure and ensures that applicants are not required to disclose arrests that did not lead to convictions.

The legislation also revises the criteria used by the State Fire Marshal to assess criminal convictions in relation to professional licensure. It clarifies the connection between a criminal conviction and professional duties by replacing the phrase "bears a rational nexus" with "directly and specifically relates." The bill introduces a detailed list of rehabilitation evidence that can be considered, such as completion of treatment programs and testimonials. It establishes that applicants cannot be disqualified from initial licensure based solely on prior convictions if they meet certain conditions, including a five-year waiting period and no subsequent offenses. Furthermore, it mandates updates to public documents to reflect these changes, promoting transparency in the licensing process 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