Bill > H420

This bill aims to reform professional and occupational licensing by establishing new guidelines for how licensing authorities can consider an applicant's criminal history. The legislation creates a standardized, more lenient approach to evaluating criminal records for professional licensing, requiring individualized consideration of an applicant's circumstances. Specifically, licensing authorities are now prohibited from considering certain types of criminal records, such as arrests without conviction, sealed or expunged records, juvenile adjudications, and non-violent misdemeanors. For more serious offenses, licensing bodies must prove by "clear and convincing evidence" that an applicant's criminal record directly relates to the profession and that protecting public safety outweighs the individual's right to the license. The bill mandates that licensing authorities consider multiple rehabilitation factors when evaluating an applicant, including age at the time of offense, time since the offense, completion of rehabilitation programs, employment history, and community engagement. Additionally, the bill establishes a special commission to review background record requirements and recommend improvements to licensing processes, with a diverse membership including representatives from labor unions, chambers of commerce, civil rights organizations, and legal services. Licensing authorities must also report every three years on their decision-making processes, promoting transparency and accountability in professional licensing.

Budget and Finance, Labor and Employment

https://malegislature.gov/Bills/194/H420