SB 510
Using criminal records as disqualification from practicing particular professions
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes how criminal records are used when people apply for professional licenses in West Virginia. It prohibits licensing authorities from automatically disqualifying applicants based on past convictions unless the crime directly relates to the job requirements and the applicant has been rehabilitated. The bill also requires licensing authorities to update their forms and websites to reflect these changes and prohibits considering arrest records without a conviction. It clarifies that these rules don’t apply to disciplining existing licensees or reinstating licenses.
Key provisions
- Prohibits automatic disqualification based on past convictions unless the crime directly relates to the profession.
- Requires licensing authorities to consider evidence of rehabilitation, such as completion of treatment programs or good conduct certificates.
- Prohibits considering ‘moral turpitude’ or ‘good moral character’ as grounds for disqualification.
- Requires licensing authorities to update forms and websites to reflect the new rules.
- Prohibits considering arrest records without a subsequent conviction in initial licensure applications.
- Allows applicants with criminal records to petition for a determination of whether their record disqualifies them.
- Specifically addresses the Motor Vehicle Administration (MVA) licensing process.
- Clarifies that the bill does not apply to disciplinary actions or license reinstatement.
Who is affected
- Individuals applying for professional licenses in West Virginia
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