The bill amends the West Virginia Code to establish new guidelines for using criminal records in determining eligibility for initial licensure in certain professions, particularly focusing on electrical inspectors and fire protection work overseen by the State Fire Marshal. It specifies that applicants cannot be disqualified based on prior criminal convictions unless those convictions are directly related to the duties of the profession and pose a substantial risk to public safety. The bill outlines factors for the commissioner to consider when evaluating an applicant's criminal history, such as the nature of the crime, the time elapsed since the offense, and evidence of rehabilitation. Additionally, it prohibits the consideration of arrests that did not lead to convictions.

The legislation introduces a five-year waiting period for applicants with prior convictions, during which they must not have committed any other crimes, and it establishes that violent or sexual offenses may result in longer disqualification periods. It also allows individuals to petition the State Fire Marshal for a determination of their eligibility based on their criminal records. Furthermore, the bill mandates that the State Fire Marshal update licensure forms and public documents to ensure transparency in the application process. Overall, the bill aims to create a more rehabilitative approach to licensure, providing individuals with criminal records a fair opportunity to obtain professional licenses while maintaining public safety.

Statutes affected:
Introduced Version: 21-1-6, 21-5-5c, 21-14-6, 21-16-7, 29-3B-4, 29-3C-4, 29-3D-6
Engrossed Version: 21-1-6, 21-5-5c, 21-14-6, 21-16-7, 29-3B-4, 29-3C-4, 29-3D-6
Enrolled Version: 21-1-6, 21-5-5c, 21-14-6, 21-16-7, 29-3B-4, 29-3C-4, 29-3D-6