The bill amends the West Virginia Code to regulate the use of criminal records 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 the conviction is directly related to the profession's duties and poses 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 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 bill 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." Furthermore, it establishes that applicants cannot be disqualified from initial licensure based on prior convictions if five years have passed since the conviction or release from incarceration, provided there are no subsequent convictions and the offense was not violent or sexual in nature. The legislation mandates updates to public documents to reflect these changes, aiming to create a more equitable 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