Kentucky Gov. Andy Beshear has signed into law a bill establishing a process to help residents with conviction histories find out whether their records will disqualify them from public employment or an occupational license before they invest time and money into the required training. This reform, approved in April through House Bill (HB) 185, addresses one of the most consequential and least visible barriers people face when trying to rebuild their lives and contribute to society after spending time in prison.
Nearly one in five workers holds a job that requires an occupational license, and Kentucky ranks fourth in the nation for the share of occupations subject to licensing requirements, according to the Archbridge Institute. Nearly 300 provisions of state law limit access to licensure for Kentuckians with criminal records.
In 2017, Kentucky passed Senate Bill (SB) 120, which prohibited licensing boards from denying applicants based on convictions unrelated to their sought occupations, eliminated vague “moral character” language as a basis for denial, and established a right to appeal conviction-based denials. SB 120, however, retained a presumption that most serious felony convictions and any felony requiring sex offender registration were automatically connected to any occupational license, effectively allowing licensing boards to bypass individualized review for those categories without having to demonstrate any actual relationship between the conviction and the job. SB 120 also did not provide a predetermination process, a mechanism for applicants to learn whether their convictions would disqualify them before investing in the training, education, and fees needed.
Under SB 120, people with convictions can submit an application and supporting materials to the relevant hiring or licensing authority when seeking public employment or an occupational license. If the applicant is going to be denied due to criminal background, the hiring or licensing authority must notify the applicant and offer an opportunity for a hearing with the board first. Upon denial, the board must provide written notice explaining the grounds for the decision and the earliest date the applicant may reapply, and that evidence of rehabilitation may be considered upon reapplication. Licensing boards are also required to publish their criminal background policies publicly and to notify relevant educational institutions so prospective students can access this information before enrolling.
HB 185 closes three gaps SB 120 left open. It establishes a predetermination process, allowing an applicant to submit their application in advance, before pursuing any training or specialized education, and have it considered by the appropriate hiring or licensing authority.
Second, HB 185 eliminates the aforementioned presumption that serious felonies are inherently relevant to any occupational license being sought and requires licensing boards to demonstrate that a conviction relates to the specific occupation before denying an application.
To close the third gap, HB 185 improves applicants’ individualized reviews. When determining whether a conviction relates to the position or occupation sought, HB 185 requires licensing boards to consider factors submitted by the applicant, including the nature and seriousness of the offense, applicants age at the time of the offense, how much time has passed since the offense, the relationship of the conviction to the duties and responsibilities of the position sought, any bonding requirements for the application, and evidence of rehabilitation such as compliance with supervision conditions, conduct and work history, treatment participation, and personal reference statements. Rather than measuring an applicant just by past crimes, licensing boards must consider who that person is today.
This new process is a measure to improve transparency and efficiency for a pathway to employment for individuals with criminal convictions. State Rep. Emily Callaway (R-District 37), HB 185’s primary sponsor, wrote in a press release, “Oftentimes, this population pursues careers they are disqualified from, not knowing this is the case. We must increase transparency and remove barriers in the employment process to pave the way to fulfilling employment opportunities. People should not be refused solely on a past offense.”
With HB 185, Kentucky joins 24 other states and Washington D.C. that have adopted predetermination processes for occupational licensing. HB 185 is a targeted and overdue reform. Other states still operating under categorical bars and one-sided presumptions can look to Kentucky’s approach as a model for expanding opportunity without compromising public safety standards.