EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0815*
SENATE BILL 815
C3, E2 5lr2936
SB 54/24 – FIN & EEE
By: Senators Watson, Salling, and Muse
Introduced and read first time: January 28, 2025
Assigned to: Finance and Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Occupational Licensing and Certification – Criminal History – Prohibited 2
Disclosures 3
FOR the purpose of altering certain provisions of law regarding the prohibition on certain 4
departments of State government denying an occupational license or certificate to an 5
applicant solely on the basis of the criminal history of the applicant to apply only to 6
certain units in the Maryland Department of Labor and prohibiting the department 7
from requiring disclosure of certain actions on an application; and generally relating 8
to occupational licensing and certification. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Procedure 11
Section 1–209 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
1–209. 18
(a) (1) In this section, “department” means[: 19
2 SENATE BILL 815
(i) the Department of Agriculture; 1
(ii) the Department of the Environment; 2
(iii) the Maryland Department of Health; 3
(iv) the Department of Human Services; 4
(v)] the Maryland Department of Labor[; or 5
(vi) the Department of Public Safety and Correctional Services]. 6
(2) “Department” includes any unit of a department specified in paragraph 7
(1) of this subsection ONLY THE FOLLOWING U NITS IN THE MARYLAND DEPARTMENT 8
OF LABOR: 9
(I) THE STATE BOARD OF BARBERS; AND 10
(II) THE STATE BOARD OF COSMETOLOGISTS . 11
[(b) This section does not apply to a person who was previously convicted of a crime 12
of violence, as defined in § 14–101 of the Criminal Law Article.] 13
[(c)] (B) It is the policy of the State to encourage the employment of [nonviolent] 14
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 15
licenses or certifications required by the State. 16
(C) THE DEPARTMENT MAY NO T REQUIRE AN APPLICA NT FOR AN 17
OCCUPATIONAL LICENSE OR CERTIFICATE TO DI SCLOSE AS A PART OF AN 18
APPLICATION: 19
(1) ANY OF THE FOLLOWING : 20
(I) A DEFERRED ADJUDICAT ION; 21
(II) PARTICIPATION IN A D IVERSION PROGRAM ; OR 22
(III) AN ARREST NOT FOLLOWED BY A CONVICTION ; 23
(2) A CONVICTION FOR WHI CH NO TERM OF IMPRIS ONMENT MAY BE 24
IMPOSED; 25
(3) A CONVICTION THAT HA S BEEN SEALED , VACATED, DISMISSED, 26
EXPUNGED, OR PARDONED ; 27
SENATE BILL 815 3
(4) AN ADJUDICATION OF A DELINQUENT ACT AS A JUVENILE; 1
(5) A CONVICTION FOR A M ISDEMEANOR THAT DID NOT INVOLVE 2
PHYSICAL HARM TO ANO THER INDIVIDUAL ; 3
(6) A CONVICTION FOR WHI CH A PERIOD OF 3 YEARS HAS PASSED 4
SINCE THE APPLICANT COMPLETED SERVING TH E APPLICANT’S SENTENCE IF THE 5
SENTENCE DID NOT INC LUDE A TERM OF IMPRISONMENT ; OR 6
(7) UNLESS THE CONVICTIO N WAS FOR A CRIME OF VIOLENCE AS 7
DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, A CONVICTION FOR WHI CH 8
A PERIOD OF 3 YEARS HAS PASSED SIN CE THE END OF THE IN DIVIDUAL’S TERM OF 9
IMPRISONMENT , UNLESS THE CONVICTIO N WAS FOR: 10
(I) A CRIME OF VIOLENCE AS DEFINED IN § 14–101 OF THE 11
CRIMINAL LAW ARTICLE; OR 12
(II) FRAUD OR A RELATED C RIME UNDER TITLE 8 OF THE 13
CRIMINAL LAW ARTICLE. 14
(d) [Except as provided in subsection (f) of this section, a] THE department may 15
not deny an occupational license or certificate to an applicant solely on the basis that the 16
applicant has previously been convicted of a crime, unless the department determines that: 17
(1) there is a direct relationship between the applicant’s previous 18
conviction and the specific occupational license or certificate sought; or 19
(2) the issuance of the license or certificate would involve [an unreasonable 20
risk to property or to the safety or welfare of specific individuals or the general public] A 21
DIRECT AND SUBSTANTI AL THREAT TO PUBLIC SAFETY OR SPECIFIC I NDIVIDUALS 22
OR PROPERTY . 23
(e) In making the determination under subsection (d) of this section, the 24
department shall consider: 25
(1) the policy of the State expressed in subsection [(c)] (B) of this section; 26
(2) the specific duties and responsibilities required of a licensee or 27
certificate holder; 28
(3) whether the applicant’s previous conviction has any impact on the 29
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 30
license or certificate; 31
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(4) the age of the applicant at the time of the conviction and the amount of 1
time that has elapsed since the conviction; 2
(5) the seriousness of the offense for which the applicant was convicted; 3
(6) THE APPLICANT ’S EDUCATION , TRAINING, AND EMPLOYMENT 4
HISTORY BEFORE , DURING, AND AFTER THE APPLIC ANT’S TERM OF IMPRISONME NT; 5
(7) WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE 6
REQUIRES THE APPLICA NT TO BE BONDED ; 7
[(6)] (8) other information provided by the applicant or on the applicant’s 8
behalf with regard to the applicant’s rehabilitation and good conduct; and 9
[(7)] (9) the legitimate interest of the department in protecting property 10
and the safety and welfare of specific individuals or the general public. 11
(f) (1) This subsection does not apply to a conviction of a crime for which 12
registration on the sex offender registry is required under Title 11, Subtitle 7 of this article. 13
(2) If a period of 7 years or more has passed since an applicant completed 14
serving the sentence for a crime, including all imprisonment, mandatory supervision, 15
probation, and parole, and the applicant has not been charged with another crime other 16
than a minor traffic violation, as defined in § 10–101 of this article, during that time, [a] 17
THE department may not deny an occupational license or certificate to the applicant solely 18
on the basis that the applicant was previously convicted of the crime. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take ef fect 20
October 1, 2025 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.