Occupational Licensing: Assessing State Policy and Practice Challenges for People with Criminal Records

Similar documents
Testimony on Senate Bill 125

HARNESS RACING OWNER / TRAINER / DRIVER LICENSE FORM

Ch. 421a GENERAL PROVISIONS a.1. CHAPTER 421a. GENERAL PROVISIONS

THOROUGHBRED RACING OWNER / TRAINER LICENSE FORM

PETITION FOR EXPUNGEMENT OF CONVICTION OR DIVERSION Pursuant to K.S.A

Chart #5 Consideration of Criminal Record in Licensing and Employment CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT

Special Report October 2, 2018

THOROUGHBRED RACING EXERCISE RIDER / PONY LICENSE FORM

Empowering the People and Communities That Change the World 1415 West Highway 54, Suite 101 Durham, NC

Fair Chance Licensing Removing Barriers to Licensed Professions Facing People with Conviction Records

THOROUGHBRED RACING AUTHORIZED AGENT LICENSE FORM

Reporting and Criminal Records

Offender Population Forecasts. House Appropriations Public Safety Subcommittee January 19, 2012

LOWERING CRIMINAL RECORD BARRIERS

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Name Change Laws. Current as of February 23, 2017

KENTUCKY DISENFRANCHISEMENT POLICY

State Reforms Reducing Collateral Consequences for People with Criminal Records

Criminal Records Checks for Prospective Foster and Adoptive Families

Testimony on behalf of the. American Civil Liberties Union of the Nation s Capital. Stephen M. Block Legislative Counsel.

Texas Lottery Commission Charitable Bingo Operations Division

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

IN THE EIGHTEENTH JUDICIAL DISTRICT MUNICIPAL COURT OF DERBY, KANSAS

ELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code

HOW TO VACATE AND EXPUNGE A FELONY CONVICTION

Second Chance Reforms in 2017

A. Motion. Upon motion, or sua sponte, expungement proceedings may be commenced: 1) if a written allegation is not approved for prosecution;

Restoration of Civil Rights

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts

STATE OF UTAH DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING APPLICATION FOR LICENSURE ATHLETE AGENT DOPL-AP-104 REV 03/13/2003

LOWERING CRIMINAL RECORD BARRIERS

IC Chapter 1.3. Security Guard Agency Licensing

United States Report Card: Youth Justice Issues. UN Human Rights Committee Review One-Year Follow-Up. May 1, 2015

GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION CHAPTER 545 SENATE BILL 53

ORDER FOR EXPUNGEMENT Pursuant to K.S.A

Millions to the Polls

Occupational License Application

Fort Worth ISD EMPLOYMENT REQUIREMENTS AND RESTRICTIONS CRIMINAL HISTORY AND CREDIT REPORTS

ILLINOIS. Illinois Compiled Statutes Chapter /5(h)

Ch EXCLUSION OF PERSONS FROM GAMING CHAPTER EXCLUSION OF PERSONS FROM VIDEO GAMING TEMPORARY REGULATIONS

National State Law Survey: Expungement and Vacatur Laws 1

APPLICATION FOR EMPLOYMENT

IC ARTICLE 30. PRIVATE INVESTIGATOR FIRMS, SECURITY GUARDS, AND POLYGRAPH EXAMINERS. IC Chapter 1. Private Investigator Firm Licensing

County of Rock Island, Illinois - - Liquor Control Resolution - -

There are currently no licensing or registration requirements for process servers in the state of Alabama

Effect of Nonpayment

Criminal Offender Record Information (CORI) Balancing Individual Rights and Public Access

The State of Sentencing 2010

CONCEALED CARRY IN ILLINOIS. Arming Yourself with Information

ORDER FOR EXPUNGEMENT Pursuant to K.S.A

Forgiving and Forgetting in American Justice

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY GREENLEAF, FONTANA, SCHWANK, WILLIAMS, WHITE AND HAYWOOD, AUGUST 29, 2017 AN ACT

IC Chapter 9. Sealing and Expunging Conviction Records

Office of the District Attorney Eighteenth Judicial District of Kansas at the Sedgwick County Courthouse 535 North Main Wichita, Kansas 67203

WEST VIRGINIA LEGISLATURE. House Bill 2657

INSTRUCTIONS FOR MOTION TO EXPUNGE

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Jul. 5, 2012, P.L. 880, No. 91 Cl. 18 Session of 2012 No.

Determinate Sentencing: Time Served December 30, 2015

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

SALESPERSON INITIAL LICENSE APPLICATION INSTRUCTIONS AND REQUIREMENTS

NC General Statutes - Chapter 85B 1

H 8320 S T A T E O F R H O D E I S L A N D

NOTICE OF PUBLIC HEARING. Thursday, December 6, a.m. Legislative Office Building, Room 1C 300 Capitol Avenue Hartford, CT 06106

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

Public Benefits Consequences of Criminal Convictions in Pennsylvania

CHAPTER 4. ADJUDICATORY HEARING

Background Checks: Title Goes Here. Best Practices & Legal Compliance. Presented By: Stephen R. Woods Gustavo A. Suarez

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

EXPUNCTIONS IN NORTH CAROLINA. Presentation by Amanda L. Maris

Promoting Second Chances: HR and Criminal Records

Subject CRIMINAL RECORDS EXPUNGEMENT. 13 September By Order of the Police Commissioner

RULES OF DEPARTMENT OF COMMERCE AND INSURANCE DIVISION OF REGULATORY BOARDS TENNESSEE STATE BOARD OF ACCOUNTANCY

EXPUNCTION OF CRIMINAL RECORDS IN NORTH CAROLINA

ANIMAL CRUELTY STATE LAW SUMMARY CHART: Court-Ordered Programs for Animal Cruelty Offenses

RESTORATION OF CIVIL RIGHTS OF A FEDERAL OR MILITARY OFFENSE

Model State Legislation to Reduce Employment Barriers for People with Criminal Records

CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION

CITY OF WEST CHICAGO LIQUOR LICENSE APPLICATION

2020 $ per cemetery Reinstatement 4020 $ per cemetery

IC Version a Chapter 15. Issuance of Restricted Driver's License Because of Hardship

Am. Sub. H.B. 49 As Passed by the Senate AGOCD15

Chapter 33. (CalECPA)

Fair Chance Hiring: Reducing Criminal Records Barriers to Employment Improves Public Safety and Builds Stronger Communities

TESTIMONY MARGARET COLGATE LOVE. on behalf of the AMERICAN BAR ASSOCIATION. before the JOINT COMMITTEE ON THE JUDICIARY. of the

LORAIN METROPOLITAN HOUSING AUTHORITY. APPLICANT SCREENING PROCESS Revised July 2017

SAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY CERTIFICATE/LICENSE DISCIPLINE PROCESS FOR PREHOSPITAL PERSONNEL

INDIANA S SECOND CHANCE LAW-How Expungement Works in Indiana

IC Chapter 5. Gambling Game License

JUVENILE SEX OFFENDER REGISTRATION

DIANA M. STEVENSON, CLERK OF COURTS BARBERTON MUNICIPAL COURT

1. Do you hold an active or inactive Virginia Real Estate Salesperson License? No Yes. If yes, provide your license number and expiration date below

Section 1 - Are You Eligible?

3. A conviction should never bar access to a citizen s right to vote or to basic necessities such as food, clothing, housing, and education.

Employee must be. provide reasonable notice (Ala. Code 1975, ).

Humane Society Police Officers 22 Pa.C.S.A. Chapter 37

Horse Soring Legislation

MEMORANDUM SUMMARY NATIONAL OVERVIEW. Research Methodology:

Certificates of Rehabilitation in Fresno County Filing Instructions

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

A. The following information shall be verified for all persons appointed to BSU positions:

Transcription:

Occupational Licensing: Assessing State Policy and Practice Challenges for People with Criminal Records Daryl V. Atkinson Co-Director Forward Justice

Scope of the Problem: Reach of the criminal justice system 2.2 million people in prison or jail Approximately 5 million on probation or parole Roughly 11 million people cycle in and out of local jails Approximately 70-100 million adult Americans with a criminal record Colorado-1.6 million Connecticut-1.1 million Deleware-2.3 million Illinois-6.6 million Maryland-1.5 million

Scope of the Problem: Breadth of collateral consequences Over 45,000 potential collateral consequences triggered by contact with the criminal justice system These consequences span various aspects of life including: Voting and civic rights Public benefits Education Housing Family and adoption Employment and Occupational licensing https://niccc.csgjusticecenter.org/map/

Examples of criminal record based licensing barriers Maryland: Can t be a fortune teller Citation Md. LOCAL GOVERNMENT Code Ann. 13-205 Title Consequence Category Ineligible for Calvert County fortune teller license Employment; Occupational and professional license and certification Consequence Details (a) License required. -- (1) Notwithstanding any provision of the Business Regulation Article, in Calvert County, a palm reader, fortune-teller, soothsayer, or similar individual shall:.. (2) Before an applicant may be issued a license under this section, the applicant shall: (i) be fingerprinted and photographed by the Department of State Police; and (ii) obtain a certificate from the Department of State Police that indicates that the applicant has never been convicted of a crime, other than a motor vehicle violation. (3) The term of the license is 3 months... Consequence Type Mandatory/Automatic

Examples of criminal record based licensing barriers Kentucky: Can t hold horse racing meeting Citation KRS 230.280 Title Consequence Category Consequence Details Ineligible for license to hold horse race meeting (permanent for specified offenses) (convictions of applicant/licensee/principals) (gaming) Employment; Business license and other property rights (1) No person shall hold or conduct any horse race meeting for any stake, purse, or reward within the Commonwealth of Kentucky without securing the required license from the racing commission. (2) The racing commission shall investigate the qualifications of each applicant for a license to conduct a horse race meeting or the renewal of a license to conduct a horse race meeting. The racing commission may issue or renew a license unless the racing commission determines that:... (f) Any of the principals of the applicant or licensee is determined to be unsuitable because he or she has: 1. Been convicted of any crime of moral turpitude, embezzlement, or larceny, or any violation of any law pertaining to illegal gaming or gambling, or any crime that is inimical to the declared policy of the Commonwealth of Kentucky with regard to horse racing and pari-mutuel wagering thereon; 2. Been convicted in any jurisdiction within ten (10) years preceding initial licensing or license renewal of any crime that is or would be a felony or class A misdemeanor in the Commonwealth of Kentucky... Consequence Type Mandatory/Automatic

Examples of criminal record based licensing barriers Indiana: Can t be a athletic trainer Citation Burns Ind. Code Ann. 25-5.1-3-1 Title Consequence Category Consequence Details Ineligible for athletic trainer's license (health care) Employment; Occupational and professional license and certification (a) To qualify for a license under this article, an individual must satisfy the following requirements:... (3) Not have been convicted of a crime that has a direct bearing on the applicant's ability to practice competently as determined by the board.... Consequence Type Supplemental Records Check Mandatory/Automatic See Burns Ind. Code Ann. 10-13-3-27 (limited criminal history check). Duration Category Permanent/Unspecified Duration Details Relief None in statute Relief Details Triggering Offense Category Any felony; Any misdemeanor

Remedies to criminal record based licensing barriers Forget, Forgive, and Guide Discretion Expungement and other clean slate remedies https://cleanslateclearinghouse.org https://cleanslateclearinghouse.org/resources/state-guides/ Certificates of Relief http://ccresourcecenter.org/wp-content/uploads/2017/10/forgiving- Forgetting-Report-CCRC-Oct-17.pdf Occupational licensing reform (North Carolina example) North Carolina General Statutes Chapter 93B: Occupational Licensing Boards. G.S. 93B-8.1

G.S. 93B-8.1-Use of Criminal Records (North Carolina example on guiding discretion) Unless the law governing a particular occupational licensing board provides otherwise, a board shall not automatically deny licensure on the basis of an applicant's criminal history. If the board is authorized to deny a license to an applicant on the basis of conviction of any crime or for commission of a crime involving fraud or moral turpitude, and the applicant's verified criminal history record reveals one or more convictions of any crime, the board may deny the license if it finds that denial is warranted after consideration of the following factors: (1) The level and seriousness of the crime. (2) The date of the crime. (3) The age of the person at the time of the crime. (4) The circumstances surrounding the commission of the crime, if known. (5) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee. (6) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed. (7) The subsequent commission of a crime by the applicant. (8) Any affidavits or other written documents, including character references.