Purpose

This bill changes how people with criminal convictions can pursue public employment or licenses. It aims to give individuals a path to be considered if they show rehabilitation and fitness for the job, rather than automatically disqualifying them because of a past conviction. It also requires agencies to clearly tell applicants why they were denied and when they can reapply.

Main provisions

• Evidence of rehabilitation (Section 1)

  • A person with a crime conviction that relates to the public job or license sought cannot be automatically disqualified if they can show:
  • Competent evidence of sufficient rehabilitation and present fitness to perform the duties.
  • The licensing or hiring authority can consider specific evidence and factors listed below.
  • Acceptable documentary evidence (examples):
  • A current certified copy of the DD Form 214 showing honorable discharge or separation under honorable conditions from military service after the conviction.
  • A copy of a release order from local, state, or federal authorities, and proof that at least one year has passed since release from a correctional institution without new convictions, plus evidence of compliance with probation or parole terms.
  • A copy of the Department of Corrections discharge order or other documents showing completion of probation or parole.
  • Other evidence the authority may consider (examples):
  • Nature and seriousness of the crime.
  • All circumstances around the crime, including mitigating factors or social conditions.
  • The person’s age at the time of the crime.
  • How much time has passed since the crime.
  • Other competent rehabilitation evidence, such as letters of reference from people connected to the applicant since release.
  • Important limitation:
  • The DD214 showing honorable discharge stops qualifying as rehabilitation evidence if the person is later convicted of any gross misdemeanor or felony after that discharge date.

• Notification upon denial of employment or disqualification (Section 2)

  • If an agency denies a public job or disqualifies someone from a license mainly because of a prior conviction, the agency must provide written notice of:
  • The grounds and reasons for the denial or disqualification.
  • The complaint and grievance procedure available.
  • The earliest date the person may reapply.
  • That all competent rehabilitation evidence presented can be considered again when reapplying.

Significant changes to existing law

• Adds a formal “evidence of rehabilitation” standard that can override automatic disqualification for many offenses directly related to the job.
• Specifies concrete types of evidence the hiring/license authority must or may consider (military discharge records, release and probation/parole documentation, time elapsed, and age at the time of the offense).
• Allows rehabilitation evidence to include letters of reference and other credible proof.
• Tied to a time-based condition: an honorable military discharge evidence may lose its rehabilitative value after a subsequent gross misdemeanor or felony conviction.
• Requires clear written notice and a defined reapplication pathway when denial is based on a prior conviction, increasing transparency for applicants.

How it works in practice

• A person with a qualifying conviction can present a package of evidence (military DD214, release and probation/parole documentation, time elapsed, and supportive evidence) to seek a favorable determination on eligibility.
• The licensing or hiring authority reviews the evidence alongside factors like the crime’s nature, circumstances, age at the time, and rehabilitation evidence.
• If the applicant is denied, they receive a written explanation and guidance on when they can reapply, with the note that rehabilitation evidence will be considered upon reapplication.

Key considerations and potential impacts

• Expanded pathways for individuals with criminal histories to access public employment or licenses.
• Emphasis on rehabilitation, fitness, and contextual factors rather than blanket disqualification.
• Increased transparency in the denial process through required written explanations and reapplication timing.

Relevant Terms - evidence of rehabilitation - competent evidence of sufficient rehabilitation - present fitness - licensing or hiring authority - public employment - occupation for which a license is sought - conviction - gross misdemeanor - felony - DD214 (U.S. Department of Defense form) - honorable discharge - separation under honorable conditions - release order - probation - parole - Department of Corrections discharge order - letters of reference - reapply - complaint and grievance procedure - notice of denial - grounds and reasons - time elapsed since crime - mitigating circumstances - age at time of crime