MS SB2438

Amends Mississippi Code sections 73-77-5, 73-77-7, and 73-77-9 to expand provisions of "The Fresh Start Act of 2019" by adding language that these provisions apply "notwithstanding any other provision of law"

Prohibits licensing authorities from disqualifying applicants solely based on prior criminal convictions unless the crime directly relates to the duties and responsibilities of the licensed occupation

Requires licensing authorities to eliminate vague qualification terms such as "moral turpitude," "any felony," and "good character" from rulemaking

Establishes that licensing authorities must use clear and convincing standard of proof and consider four specific factors when evaluating applicants with disqualifying convictions: nature and seriousness of crime, time elapsed, relationship to job duties, and evidence of rehabilitation

Allows individuals with criminal records to petition licensing authorities at any time for a determination of whether their record disqualifies them, with a maximum petition fee of $25.00 and a 30-day response requirement

Requires written notice of denials including grounds for denial, right to hearing, reapplication date, and that rehabilitation evidence may be considered; makes licensing authority bear burden of proof

Effective July 1, 2023, with 120-day deadline for licensing authorities to comply with new requirements