Fresh Start Act of 2019; revise to prohibit licensing authority from requiring the disclosure of certain information and allow individual to offer certain information.
Impact
If enacted, HB 72 would significantly alter how licensing authorities assess applicants with criminal histories. It necessitates that authorities use a 'clear and convincing' standard of proof before denying a license based on prior convictions. This change aims to ensure that only relevant offenses directly related to the job duties are considered and that the individual’s time since offense, evidence of rehabilitation, and circumstance surrounding the crime are factored into the licensing decision. The bill also mandates that licensing authorities make information about the petition process for individuals with criminal records available online.
Summary
House Bill 72 seeks to revise the existing Fresh Start Act of 2019 in Mississippi. The primary aim of this revision is to limit the information that licensing authorities can require from individuals applying for occupational licenses. Notably, the bill prohibits authorities from demanding disclosure of arrests not resulting in convictions, nonviolent misdemeanors, or convictions that have been sealed or expunged. Additionally, it restricts the consideration of convictions older than three years unless they pertain to serious felonies. This is intended to facilitate the reintegration of individuals with criminal records into the workforce by reducing barriers to obtaining professional licenses.
Contention
Debate regarding House Bill 72 has highlighted differing opinions on the importance of background checks versus the need for rehabilitation. Proponents argue that the bill is crucial for enabling those who have made mistakes in the past to move forward and regain their standing in society. Those against the bill, however, may express concerns about the potential risks associated with limiting information on applicants' criminal records, fearing it could compromise the public safety or the integrity of certain professional fields by allowing individuals with disqualifying behaviors to obtain licenses.
Notable_points
One significant aspect of HB 72 is its stipulation that licensing authorities must inform individuals if they are denied a license due to prior convictions and provide them with the rationale for such decisions. This feedback will enhance transparency and equip applicants with the information needed to challenge decisions. The act is set to take effect on July 1, 2024, which gives authorities time to prepare for these new regulations.