In determining whether an applicant for a state-regulated
occupation is qualified to be registered, certified, or licensed (regulator), the bill allows the regulator to consider an applicant's conviction for a criminal offense if the criminal offense is a violent felony or misdemeanor. If an offense is not violent but would otherwise disqualify a person from becoming registered, certified, or licensed, the regulator of each profession is not permitted to consider the person's criminal conviction for the offense after a 3-year period has passed.
The bill allows an individual to petition a regulator to determine
whether a criminal conviction will preclude the person from becoming registered, certified, or licensed prior to that person completing any other requirements for such credentialing.
The bill places the burden of proof for denial of an applicant on
the regulator to demonstrate that denial based on the applicant's criminal conviction directly connects to potential performance in the occupation or profession for which the applicant seeks credentialing.
