HB 18-1418

House Bill 18-1418, also known as "Use Of Criminal Convictions In Employment," changes how state and local agencies evaluate individuals with criminal records when issuing licenses or permits. The bill focuses on whether an applicant is qualified for a job rather than their moral character, especially if the job involves caring for vulnerable people. It also prevents agencies from denying licenses or jobs to someone who was arrested but not charged, had a conviction pardoned or sealed, or received a collateral order related to the conviction. Additionally, it allows the Department of Regulatory Agencies to issue conditional licenses to those with criminal convictions and requires data collection on licensing decisions influenced by criminal justice actions. Since the bill has been signed into law, its provisions are now in effect.

Official Summary

Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual's criminal record in determining whether the individual is of good moral character. The bill changes the determination to consider whether the individual is qualified. The bill adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment. The bill also prohibits a state or local agency from taking adverse action concerning a license or permit or not extending an offer of employment if an individual has been arrested but not charged, or has been convicted but pardoned, had the conviction record sealed, or had a collateral order entered concerning the conviction. The bill authorizes the department of regulatory agencies (department) to issue a conditional license to a person who has a criminal conviction and requires the department to delete and keep confidential the conditional designation if the person has no subsequent conviction when applying for renewal or within 2 years unless the department determines that the conditional designation remains necessary. For sunset review hearings conducted after review by the department, the bill requires the collection of data concerning licensing and registration action taken due to specified criminal justice actions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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