Senate Bill Report HB 1874 (Feb. 10, 2022)

Summary

A Senate Bill Report on HB 1874, an act relating to reducing barriers to professional licensure for individuals with previous arrests or criminal convictions, prepared for the Senate Committee on Business, Financial Services & Trade and dated as of February 10, 2022. The report states the bill passed the House on 1/26/22 by a 96-1 vote. Its background describes professional licensing by the Department of Licensing, the Certificate of Restoration of Opportunity, and the preliminary application process created by HB 1399 in 2021. The bill would direct licensing authorities to weigh listed factors such as the seriousness of the offense and time since it occurred, provide written determinations with remedies, and not disqualify applicants for juvenile, sealed, dismissed, expunged or pardoned convictions. The three-page report lists no appropriation.

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                            SENATE BILL REPORT
                                  HB 1874

                                     As of February 10, 2022

Title: An act relating to reducing barriers to professional licensure for individuals with previous
     arrests or criminal convictions.

Brief Description: Reducing barriers to professional licensure for individuals with previous
     arrests or criminal convictions.

Sponsors: Representatives Vick, Dufault, Hoff, Jacobsen, Leavitt, Simmons, Corry, Senn,
    Peterson, Goodman, Riccelli, Davis, Macri and Young.

Brief History: Passed House: 1/26/22, 96-1.
     Committee Activity: Business, Financial Services & Trade: 2/17/22.


                                     Brief Summary of Bill
           • Directs licensing authorities to consider a variety of factors when
             determining eligibility for individuals with previous criminal
             convictions.
           • Directs licensing authorities to provide written documentation when
             denying eligibility for a license.
           • Prohibits licensing authorities from disqualifying an individual based on
             a juvenile conviction or a conviction that has been sealed, dismissed,
             expunged, or pardoned.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE

     Staff: Clinton McCarthy (786-7319)

     Background: Professional Licensing. The Department of Licensing (DOL) regulates a
     number of businesses and professions. For regulated professions, DOL issues licenses and
     ensures compliance with professional standards and laws. Requirements for a professional




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                         HB 1874
     license, certificate, registration, or permit vary considerably.

     Certificate of Restoration of Opportunity. A person with a criminal record may be eligible
     to obtain a Certificate of Restoration of Opportunity (CROP) from a superior court. When a
     qualified applicant holds a CROP and meets all other statutory or regulatory requirements, a
     licensing authority may not refuse a license, certificate of authority, or qualification to
     engage in the practice of any profession or business solely based on the applicant's criminal
     history.

     Certain applicants are ineligible for a CROP, and certain professional licenses are not
     covered by a CROP, including the following professions regulated by DOL: accountants;
     bail bond agents; escrow agents; private investigators; security guards; notaries public; and
     real estate brokers and salespersons.

     Licensing Determinations Available for Those with Criminal Convictions. In 2021, the
     Legislature passed HB 1399, which created a process for a person with a criminal
     conviction to request a determination of whether that criminal history is disqualifying for
     obtaining a professional license administered by DOL.

     Preliminary Applications. An individual with a criminal conviction may submit a
     preliminary application to DOL, or a board or commission supported by DOL, for a
     determination of whether that criminal history will disqualify the individual from obtaining
     a professional license. The individual may submit the preliminary application at any time,
     including before obtaining any required education or paying any licensing fee. The
     preliminary application may include additional information about the individual's current
     circumstances, including time since the offense, completion of the criminal sentence, other
     evidence of rehabilitation, testimonials, employment history, and employment aspirations.

     Written Determinations. The licensing authority must make a determination in writing,
     within two months of receiving a preliminary application, of whether an individual's
     criminal conviction would disqualify the person from obtaining a professional license. If
     the licensing authority determines an individual's criminal conviction would disqualify the
     individual, the licensing authority's written determination must include findings of fact and
     conclusions of law, and may advise the individual of any action that may be taken to
     remedy the disqualification. An individual may appeal the determination to the licensing
     authority.

     The appropriate licensing authority may disqualify an individual if it determines the
     individual's criminal conviction is related to the occupation or profession, unless the
     individual has received a CROP.

     Summary of Bill: Licensing authorities are directed to consider the following factors when
     determining whether an applicant with previous criminal convictions is eligible to be
     licensed:


Senate Bill Report                               -2-                                     HB 1874
         • the seriousness of the offense;
         • the relationship between the offense to the responsibilities of the profession;
         • the age of the individual at the time of the offense;
         • the duration of time since the offense occurred;
         • the completion of the criminal sentence; and
         • other evidence of rehabililtation, treatment, testimonials, employment history and
           employment aspirations.

     The licensing authority is directed to provide a written determination that includes:
        • specific factors in determining that the applicant is disqualified from obtaining a
           license;
        • advice on any action the individual may take to remedy the disqualification; and
        • the earliest date the individual may apply for a new determination.

     Licensing authorities are not allowed to disqualify an individual based on a juvenile
     conviction or a conviction that has been sealed, dismissed, expunged, or pardoned.

     Appropriation: None.

     Fiscal Note: Available.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: Ninety days after adjournment of session in which bill is passed.




Senate Bill Report                            -3-                                        HB 1874


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