Employment is a critical factor for reintegrating former criminal offenders into a productive society. Yet state occupational licensing restrictions create unnecessary government-imposed barriers that prevent people with criminal records from accessing stable careers, undermining both individual rehabilitation and public safety. Kentucky law already limits when licensing boards may deny applicants based on criminal convictions. House Bill 185 would help people determine in advance whether their criminal records will keep them from earning certain licenses and strengthen transparency and individualized reviews.
Occupational licensing restrictions create significant barriers to employment for people with criminal records
- One in five workers holds a job requiring an occupational license. Many licensing boards categorically deny applicants with criminal records—even when convictions are unrelated to their occupations.
- Research finds that people with stable, gainful employment are less likely to reoffend.
- However, people with prior convictions don’t know if their record disqualifies them until after they’ve completed all the licensing requirements and submitted their application. This uncertainty creates a barrier to entry and can waste applicants’ time and money.
The predetermination process created by HB 185 would reduce uncertainty
- HB 185 creates a predetermination process so that potential applicants can determine whether their convictions may disqualify them from public employment or a licensed occupation before investing in the required training, education, and application fees.
- The predetermination is binding on the hiring or licensing authority unless the applicant later commits a new offense or fails to disclose previously undisclosed convictions.
- Applicants must be given an opportunity to present evidence of rehabilitation and may request a hearing before a final decision is made.
- If an application is denied, the authority must provide written findings explaining the reasons for the denial and the connection between the conviction and the job or license sought.
House Bill 185 would improve Kentucky’s current licensing laws by:
- Creating a predetermination process: allowing individuals to request a binding determination of eligibility for public employment or occupational licenses before investing time and money in training, education, or licensing requirements.
- Increasing transparency: requiring hiring authorities and licensing boards to publish criminal background policies and provide written explanations when denying applicants based on a conviction.
- Strengthening individualized review: requiring agencies to consider factors such as the nature and seriousness of the offense, the time elapsed since the offense, the applicant’s age at the time of the offense, and evidence of rehabilitation.
- Clarifying the standard for disqualification: reinforcing that individuals may not be denied public employment or occupational licenses solely because of a criminal conviction unless the conviction directly relates to the position or occupation sought.