Virginia reduces unnecessary licensing barriers for people with criminal records

Virginia Gov. Glenn Youngkin signed Senate Bill 826 into law on March 24, reforming the state’s occupational licensing laws to create a process for applicants with a criminal record to find out if they are eligible for specific licenses before investing in the education and training necessary to apply. This reform will reduce uncertainty for people with prior criminal convictions who seek gainful, productive employment.

About one in five Virginia workers are required to hold an occupational license to do their job. An occupational license is issued by a state agency that has regulatory authority over a particular profession, allowing an individual to practice that profession legally. Professions ranging from barbers to architects usually require an occupational license. To obtain an occupational license, a resident must submit verification of education, training, testing, and pay associated fees to a state regulatory entity. This licensing requirement may present a significant barrier for prospective workers.

The barriers to entry are even higher for people with criminal records. They face additional uncertainty over whether their criminal records disqualify them from obtaining a license. S.B. 826 mitigates this uncertainty by establishing a process to determine eligibility before applicants commit to the costs of education and training requirements. S.B. 826’s predetermination process allows an individual to request a legally binding determination from the Department of Professional and Occupational Regulation regarding whether their prior conviction is disqualifying for an occupational license in a particular profession.

Virginia law already required individualized consideration of each applicant, meaning that no criminal conviction is automatically disqualifying. Instead, licensing boards must determine whether a prior conviction directly relates to the occupation according to criteria ranging from the extent to which the profession may offer an opportunity to engage in further criminal activity to the applicant’s rehabilitative efforts following release from incarceration. For example, someone with a criminal conviction for tax evasion would probably not be able to get a certified public accountant’s license, but that offense would likely be no barrier to getting a barber’s license. S.B. 826 improves this system by instituting the predetermination system.

Sen. Mamie Locke (D-23), the primary sponsor of S.B. 826, sought to improve employment prospects for state residents, as well as address policy priorities such as safety, security, and fairness. The bill also advanced Youngkin’s priorities in deregulating occupational licensing in Virginia. The legislation passed unanimously in both chambers of the Virginia General Assembly.

Reason Foundation contributed to the legislative discussion surrounding S.B. 826 through technical assistance and outreach to lawmakers and other stakeholders regarding barriers to employment faced by individuals with prior conviction records.

The reforms in S.B. 826 demonstrate a bipartisan commitment in Virginia to common-sense criminal justice reform. Virginia joins 25 other states that have already adopted a licensing predetermination process. This legislation ensures that individuals with criminal records can preserve their resources by receiving a predetermination decision before attempting to embark on a career path. Other states should look at Virginia as a model for their own policies.

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