Req. No. 11294 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2802 By: Marti
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 4000.1, as last
amended by Section 9, Chapter 227, O.S.L. 2 024 (59
O.S. Supp. 2024, Section 4000.1), which relates to
denying or disqualifying professional licenses or
certifications; adding terms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 4000.1, as
last amended by Section 9, Chapter 227, O.S.L. 2024 (59 O.S. Supp.
2024, Section 4000.1), is amended to read as follows:
Section 4000.1. A. As used in this section:
1. "Substantially relate " means the nature of the criminal
conduct for which the person was convicted has a direct bearing on
the fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Pose a reasonable threat " means the nature of the criminal
conduct for which the person was convicted inv olved an act or threat
Req. No. 11294 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
B. Notwithstanding any othe r provision of law, a conviction,
plea of guilty or nolo contendere, or pending criminal charge of a
crime may be grounds for the denial of an applicant for a state
license or state certification to practice an occupation only if the
underlying offense sub stantially relates to the duties and
responsibilities of the occupation and po ses a reasonable threat to
public safety, health, or welfare. When making a determination
pursuant to this subsection, a licensing or certification authority
shall consider:
1. The nature and seriousness of the offense;
2. The amount of time that has passed since the offense;
3. The age of the person at the time the offense was committed;
4. Evidence relevant to the circumstances of the offense
including any aggravating or mi tigating circumstances of social
conditions surrounding the commission of the offense;
5. The nature of the specific duties and responsibilities for
which the license or certification is required; and
6. Any evidence of rehabilitation submitted by the ap plicant
including, but not limited to, evidence related to the person 's
compliance with any conditions of community supervision, parole, or
mandatory supervision, the conduct and work activity of the person,
Req. No. 11294 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
programming, or treatment undertaken by the pers on, and testimonials
or personal reference statements.
C. Notwithstanding any other provision of law, a licensing or
certification authority shall not deny a state license or state
certification to practice an occupation due to:
1. An arrest that was not followed by a valid plea of guilty or
nolo contendere unless charges are currently pending;
2. A conviction that has been sealed, or expunged;
3. A conviction or plea of guilty or nolo contendere for which
more than five (5) years have elapsed since the date of conviction,
plea, or release from incarceration, whichever is later, so long as
the person has not been convicted of a new crime. This paragraph
shall not apply to any conviction or plea of guilty or nolo
contendere for:
a. an offense enumerated in Section 571 of Title 57 of
the Oklahoma Statutes,
b. a felony involving domestic assault, domestic assault
and battery, or domestic abuse as defined in Section
644 of Title 21 of the Oklahoma Statutes,
c. an offense that would require registration as a sex
offender pursuant to the Sex Offenders Registration
Act, or
d. any equivalent law enumerated in this paragraph from
another jurisdiction; or
Req. No. 11294 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. A finding that an applicant lacks good character or fails to
meet any other similarly vague standard where a criminal conviction
is the basis for the finding.
D. Before a state licensing or state certification authority
makes a final determination that a criminal conviction, plea of
guilty or nolo contendere, or pending criminal charge may disqualify
an applicant for licensure, that authority shall provide written
notice of:
1. The specific offense that is the basis for the intended
denial;
2. The reasons the offense was determined to substantially
relate to the duties and responsibilities of the occupation a nd
posed a reasonable threat to public safety, health, or welfare,
including findings for each of the factors in subsection B of this
section that the licensing or certification authority deemed
relevant to the determination; and
3. The right to submit ad ditional evidence relevant to each of
the factors listed in subsection B of th is section within thirty
(30) days, which the licensing or certification authority shall
consider before issuing a final determination.
E. A final determination that a criminal conviction, plea of
guilty or nolo contendere, or pending criminal charge may prevent a
person from receiving a license shall be in writing and include
notice of the right to appeal the determination pursuant to the
Req. No. 11294 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Administrative Procedures Act, or a more specific statutory
authority, and notice of the earliest date the applicant m ay reapply
for a license.
F. A person with a criminal history record may request a
determination of whether his or her criminal history record may
disqualify him or her from obt aining the desired license or
certification in the occupation from a state licensing or state
certification authority at any time, including before obtaining any
required education or training for such occupation. The request
shall be in writing and shall include either a copy of the person 's
criminal history record with explanatio n of each conviction
mentioned in the criminal history record or a statement describing
each criminal conviction including the date of each conviction, the
court of jurisdiction and the sentence imposed. The person may
include a statement with his or her request describing additional
information for consideration by the licensing or certification
authority including, but not limited to, information relevant to any
of the factors for consideration described in subsection B of this
section.
G. Upon receipt of a written request for consideration of a
criminal history record for an occupation as provided in subsection
F of this section, the licensing or certification authority shall
evaluate the request and make a determination based upon the
information provided in such request whether the stated conviction
Req. No. 11294 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
is a disqualifying offense for the occupation. A notice of the
determination shall be issued to the petitioner within sixty (60 )
days from the date such request was received by the licensing or
certification authority; except, however, a licensing or
certification authority regulating fifty thousand or more members in
its occupation shall be allowed ninety (90) days to make its in itial
determination and issue notice to the requestor.
H. A determination made pursuant to subsection F of this
subsection that a person may not be disqualified for licensure or
certification due to criminal history shall be binding upon a
licensing or certification authority unless, at the time a full
application for a license is submitted, the applicant has
subsequently pled guilty or nolo contendere to a crime, has pending
criminal charges, or has previously undisclosed criminal
convictions.
I. The notice of a determination made pursuant to subsection F
of this section shall be in writing and mailed to the requestor at
the address provided in his or her request, and shall contain the
following statements:
1. Whether the person is eligible for licensure or
certification in the occupation at the current time based upon the
information submitted by the requestor;
2. Whether there is a disqualifying offense that would
disqualify the person from engaging in the occupation at the current
Req. No. 11294 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
time and a statement identifying such offense in the criminal
history record or information submitted for consideration;
3. Any actions the person may take to remedy a
disqualification, if any;
4. The earliest date the person may submit another request for
consideration, if any; and
5. A statement that the determination may be rescinded if, at
the time a full application for a license is submitted, the
applicant has subsequently pled guilty or nolo contendere to a
crime, has pending criminal charges, or has previously undis closed
criminal convictions.
J. A state entity charged with oversight of an occupational
license or certification may promulgate forms for requests for
determinations for the occupation as authorized in subsection F of
this section. Each state licensing or certification authority may
charge a fee not to exceed Ninety -five Dollars ($95.00) for each
initial determination of eligibility it makes for the occupation
based upon the information provided by the requestor.
K. Each state licensing or state certifi cation authority shall
include in its application for a license or certification and
publish on its public website the following information:
1. Whether the criminal offenses of applicants may be used as a
basis for denial;
Req. No. 11294 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. If criminal history may be used as a basis for denial as
listed in subsection B of this section, which of fenses the licensing
or certification authority shall consider; and
3. Notice of the right to request a determination pursuant to
subsection F of this section.
L. Each state licensing or state certification authority
authorized to consider the criminal conviction of an applicant shall
annually provide to the Legislature, and publish on its public
website, the following:
1. The number of license applications received;
2. The number of applications that resulted in a license being
granted;
3. The number of applications that resulted in a license being
denied;
4. The number of applications that were denied due to criminal
history;
5. A list of criminal offenses reported by indi viduals who were
granted a license;
6. A list of criminal offenses reported by individuals who were
denied a license due to criminal history along with the time elapsed
since the commission of the offense; and
7. The number of petitions received by the l icensing or
certification authority pursuant to subsection F of this section.
Req. No. 11294 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
M. The provisions of this section shall not be construed to
apply to the Council on Law Enforcement Education and Training, the
Bail Bonds Division of the Insurance Department, the State Board of
Education, the boards of examiners which are established in Title 20
of the Oklahoma Statutes, the State Board of Medical Licensure and
Supervision, the State Board of Pharmacy, or individuals applying to
these authorities for licensure or certification.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11294 TKR 12/13/24