Senate Bill 2911

AN ACT TO PROHIBIT AN OCCUPATIONAL LICENSING BOARD FROM AUTOMATICALLY BARRING AN INDIVIDUAL FROM OBTAINING A LICENSE BECAUSE OF A NONVIOLENT CRIMINAL RECORD THAT IS TWO YEARS OR OLDER; TO AUTHORIZE AN INDIVIDUAL WITH A CRIMINAL RECORD TO PETITION AN OCCUPATIONAL LICENSING BOARD AT ANY TIME FOR A DECISION OF WHETHER THE INDIVIDUAL'S CRIMINAL RECORD WILL DISQUALIFY THE INDIVIDUAL; TO PROVIDE THAT AN OCCUPATIONAL LICENSING BOARD MAY DENY THE INDIVIDUAL'S PETITION ONLY IF IT FINDS THAT ISSUING A LICENSE TO THE INDIVIDUAL WOULD BE AN ACTUAL THREAT TO THE HEALTH AND SAFETY OF THE PUBLIC AND THE PROFESSION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section, the term:

(a) "License" means any license (other than a privilege license), certificate or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.

(b) "Occupational licensing board" means any state board, commission, department or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within, a particular profession or occupation, and which is authorized to issue licenses.

(2) An occupational licensing board shall not automatically bar an individual from obtaining a license because of a nonviolent criminal record that is two (2) years or older, but shall offer a process to petition the board for individualized consideration.

(3) An individual with a criminal record may petition an occupational licensing board at any time, including before obtaining any required education or training, for a decision of whether the individual's criminal record will disqualify him from obtaining state recognition.

(4) The individual shall include in the petition the individual's criminal record or authorize the occupational licensing board to obtain the individual's criminal record. The individual may include additional information about the individual's current circumstances, including, but not limited to, the (a) time since the offense, (b) completion of the criminal sentence, (c) a certificate of rehabilitation or good conduct, (d) completion of, or active participation in, rehabilitative drug or alcohol treatment, (e) testimonials and recommendations including a progress report from the individual's probation or parole officer, (f) other evidence of rehabilitation, (g) training, (h) employment history, (i) employment aspirations, and (j) personal information including the age of the individual when the individual committed the offense and the individual's current family responsibilities.

(5) The individual shall not be required to provide, nor shall the occupational licensing board consider:

(a) Nonconviction information including information related to a deferred adjudication, participation in a diversion program, or an arrest not followed by a conviction; or

(b) A conviction that has been sealed, dismissed, expunged or pardoned.

(6) All occupational licensing boards in Mississippi shall adopt rules, regulations or guidelines to establish a process by which an individual with a criminal record may petition the board in accordance with this section. An occupational licensing board may deny the individual's petition only if it finds that issuing a license to the individual would be an actual threat to the health and safety of the public and the profession.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.