HB 1443 Summary

• Applications for licenses, permits, or certifications may only be denied based on criminal records if the crime was a forcible felony or a felony/first-degree misdemeanor convicted or incarcerated less than 3 years prior, AND the conviction directly relates to the position sought, AND clear and convincing evidence shows the person has not been rehabilitated.

• State agencies must consider 12 mitigating factors including age at offense, time elapsed, offense circumstances, sentence completion, rehabilitation programs, education, employment history, family responsibilities, and other rehabilitation evidence when determining rehabilitation status.

• Before denying an application based on criminal record, agencies must notify the applicant, hold an informal meeting within 60 days (in person, by teleconference, or video), and provide written notification within 60 days specifying the clear and convincing evidence supporting denial.

• Persons with criminal records may petition state agencies at any time for a determination of whether their record disqualifies them from obtaining a license; agencies may charge up to $50 per petition; decisions that a person is not disqualified are binding on the agency unless there is a material adverse change.

• State agencies are prohibited from using vague terms such as "good moral character," "moral turpitude," or "character and fitness" in denying licenses based on criminal record; agencies must report annually on criminal record applications and petitions decisions.