HB 404: Delaware Fair Chance Licensing Act

• Establishes a statewide policy allowing individuals with criminal histories to obtain professional licenses in Delaware by limiting convictions to only those "substantially related" to the specific profession and requiring individualized assessments before denial.

• Creates a waiver process where licensing boards must grant waivers unless granting one would create an "unreasonable risk to public safety," considering factors including nature of offense, time elapsed, applicant age at time of crime, rehabilitation evidence, and public safety relationship to the licensed practice.

• Prohibits licensing boards from considering certain criminal records including dropped charges, sealed/expunged convictions, juvenile adjudications, and convictions more than 10 years old with no subsequent convictions (with limited exceptions for specific professions like accountancy and medicine).

• Allows individuals convicted of substantially related crimes to petition the Division of Professional Regulation before applying for a license to receive an official pre-application determination about eligibility, with written notice requirements and opportunity to submit evidence.

• Applies to 30+ professional licensing chapters in Title 24 (accountants, architects, nurses, electricians, psychologists, etc.) but excludes Chapters 9, 12, 13, 23, 28, 54, and 55; effective January 1, 2023.