This bill amends the Code of West Virginia to revise the criteria for disqualifying individuals from obtaining initial licensure in certain professions based on their criminal records. It establishes that a prior criminal conviction cannot solely disqualify an applicant unless it is directly related to the profession's duties and poses a significant risk to public safety due to a lack of rehabilitation. The bill outlines specific factors for the commissioner to consider, such as 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 after five years without further convictions and clarifies that arrests not resulting in convictions should not be disclosed in the application process.

In particular, the bill focuses on the licensing process for electricians and electrical inspectors, requiring applicants to provide detailed information about their criminal records. It introduces new language that prohibits disqualification based on arrests that did not lead to convictions and mandates the State Fire Marshal to update licensure forms to reflect these changes. The criteria for evaluating an applicant's criminal history are modified to emphasize that prior convictions must relate to the profession's duties, and applicants may not be disqualified if a specified period has passed since their conviction, provided they have not committed further offenses and the conviction is not violent or sexual. Overall, the legislation aims to create a more equitable and rehabilitative approach to licensure for individuals with past convictions in the electrical field.

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