Fresh Start Act of 2019; revise to prohibit licensing authorities from requiring certain information.
House Bill 270 revises Mississippi’s Fresh Start Act of 2019, which governs how occupational licensing boards may consider criminal history. The bill would bar licensing authorities from requiring applicants to disclose certain records, including arrests not followed by conviction, sealed or otherwise set-aside convictions, nonviolent misdemeanors, and most convictions older than three years, with specified exceptions for serious offenses such as sexual crimes, fraud, violent felonies, and certain crimes against children. It also limits the use of vague disqualifying standards like “moral turpitude,” “any felony,” and “good character,” directing boards to consider only criminal records that are specific and directly related to the duties of the occupation.
The bill also expands the petition process for people with criminal records seeking licensure. Applicants could petition a licensing authority at any time for a determination of whether their record would disqualify them, submit evidence of rehabilitation, and receive a response within 30 days. Licensing authorities would be required to post the petition application and process information online, may charge up to $25 to cover costs, and must provide written reasons and reapplication information if a license is denied based on criminal history. The bill takes effect July 1, 2025, and expressly excludes admission or reinstatement to The Mississippi Bar.
HB270 would amend Mississippi Code Sections 73-77-7 and 73-77-9 to strengthen and clarify the state’s occupational licensing restrictions on criminal-history screening. It would narrow what licensing boards may ask applicants to disclose, impose a clear-and-convincing evidence standard and burden of proof on licensing authorities in criminal-record determinations, and require written findings when a conviction is deemed directly related to an occupation. The bill would apply to licensing authorities generally and to new occupational licenses created after July 1, 2019, while leaving the Mississippi Bar exemption intact.
Based on the bill text and available context, the measure appears to reflect a generally reform-oriented, pro-reentry approach aimed at reducing barriers to employment for people with criminal records. There are no recorded committee transcripts or votes in the provided materials, so no formal opposition or support is documented here. The structure of the bill suggests an emphasis on fairness, transparency, and rehabilitation in licensing decisions.
The main points of contention likely concern public safety and licensing-board discretion versus second-chance employment access. Supporters would likely favor the limits on disclosure, the rehabilitation provisions, and the requirement that only directly related convictions be considered. Potential critics may object to restricting boards from asking about certain criminal histories, the three-year lookback rule, the burden placed on licensing authorities, and the reduced discretion in evaluating applicants. The bill’s exceptions for serious offenses indicate an attempt to balance those concerns, but the exact scope of those exceptions and how boards apply the “directly related” standard could still be disputed.