Predetermination for licensing eligibility; prior convictions.
Summary
SB826 revises Virginia’s rules for occupational licensing when an applicant has a prior criminal conviction. The bill provides that a person may not be denied a license, certificate, or registration solely because of a conviction unless the conviction directly relates to the occupation or profession. It also directs regulatory boards to evaluate specified factors, including the seriousness of the offense, how long ago it occurred, the applicant’s age at the time, work history, and evidence of rehabilitation, rather than relying on vague standards such as “good moral character” or “moral turpitude.”
The bill also creates a formal predetermination process. An individual with a criminal record may ask a licensing authority in advance whether the record would disqualify them, and the authority must issue a written, binding determination unless the person’s record changes or false information was provided. The bill further allows boards and departments to require fingerprint-based criminal history checks, requires notice to applicants when a denial is based on criminal history, and extends these protections to boards within the Department of Health Professions.
Impact
SB826 amends Code of Virginia § 54.1-204 and adds new §§ 54.1-204.1 and 54.1-2408.01, expanding and clarifying how state licensing agencies may consider prior convictions. It affects the Department of Professional and Occupational Regulation and the Department of Health Professions, and it applies to a broad range of regulated occupations, professions, licenses, certificates, registrations, and permits. The bill is intended to make licensing decisions more transparent and individualized while preserving agency authority to deny licensure when a conviction is directly related to the occupation or when the applicant is otherwise unfit or unsuited.
Sentiment
The voting record shows strong, unanimous support in both chambers, with the bill advancing 15-0 in Senate committee, 40-0 on the Senate floor, 21-0 in House committee, and 97-0 in the House. The absence of recorded opposition suggests broad bipartisan agreement on the bill’s approach to licensing reform and reentry opportunities for people with criminal records.
Contention
No major opposition is reflected in the available votes or transcripts. The main policy balance in the bill is between expanding access to occupational licensing for people with prior convictions and preserving board discretion to protect public safety and professional standards. The most notable point of potential contention is the scope of agency discretion: the bill limits reliance on broad character-based exclusions and requires specific, documented reasoning tied to the conviction and rehabilitation factors, while still allowing denial when the applicant is deemed unfit or unsuited.
Creating the regulatory relief division within the office of the attorney general and establishing the general regulatory sandbox program to waive or suspend rules and regulations for program participants.
To amend sections 121.95 and 121.951 of the Revised Code to revise the definition of "regulatory restriction" for purposes of administrative rulemaking and to specify that certain rule changes alone do not eliminate a restriction.