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Bill > SB263
WV SB263
WV SB263Relating to use of criminal records as disqualification from authorization to practice particular profession
summary
Introduced
02/12/2025
02/12/2025
In Committee
03/11/2025
03/11/2025
Crossed Over
Passed
Dead
04/12/2025
04/12/2025
Introduced Session
2025 Regular Session
Bill Summary
A BILL to amend and reenact §21-1-6, §21-5-5c, §21-14-6, §21-16-7, §29-3B-4, §29-3C-4, and §29-3D-6 of the Code of West Virginia, 1931, as amended, relating generally to the use of criminal records as disqualification from initial licensure or other authorization to practice certain professions or occupations regulated by the Division of Labor or the State Fire Marshal; prohibiting licensing authorities from disqualifying an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that directly and specifically relates to the activity requiring licensure such that granting the applicant licensure would pose a direct and substantial risk to the public because the applicant has not been rehabilitated; providing factors for a licensing authority to determine whether a criminal conviction directly and specifically relates to a profession or occupation; providing evidence of rehabilitation or treatment undertaken by the individual to be considered by a licensing authority in determining whether a criminal conviction directly and specifically relates to a profession or occupation; clarifying that a licensing authority may not disqualify an applicant from initial licensure because of a prior criminal conviction if certain criteria are met; authorizing an individual who has not previously held a license from the licensing authority to petition the authority for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license; prohibiting a licensing authority from considering or from requiring an individual to disclose an arrest not followed by conviction in an application for initial licensure or determination of qualification for license; requiring licensing authorities to update licensure forms, relevant public-facing documents, and website; providing that the Commission of Labor may not disqualify an applicant from initial licensure as a psychophysiological detection of deception examiners because of a prior felony conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to practicing as an examiner; and clarifying the qualifications required to be licensed as a Class I or Class II psychophysiological detection of deception examiner.
AI Summary
This bill aims to reform how criminal records are used in professional licensing across multiple occupations in West Virginia by establishing more consistent and fair standards for evaluating an applicant's criminal history. The legislation prohibits licensing authorities from automatically disqualifying applicants based on prior criminal convictions unless the specific conviction directly and substantially relates to the licensed profession and would pose a clear risk to public safety. The bill introduces a comprehensive framework for evaluating criminal records, requiring licensing authorities to consider factors such as the nature and seriousness of the crime, time elapsed since the conviction, the crime's relationship to the profession's duties, and evidence of rehabilitation. Applicants are now allowed to petition licensing authorities in advance to determine whether their criminal record would disqualify them from obtaining a license, and the bill explicitly prohibits licensing authorities from considering arrests that did not result in convictions. The legislation covers various professions regulated by the Division of Labor and State Fire Marshal, including electricians, fire protection workers, plumbers, heating and cooling professionals, and psychophysiological detection of deception examiners. Additionally, the bill requires licensing authorities to update their forms and websites to clearly explain these new requirements, providing more transparency and opportunity for individuals with criminal records to pursue professional licensing.
Committee Categories
Justice, Labor and Employment
Sponsors (1)
Last Action
To Judiciary (on 03/11/2025)
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