HF3990

Purpose

This bill aims to change how state hiring or licensing authorities evaluate applicants for public employment or occupations when a prior conviction is involved. It focuses on allowing rehabilitation and fitness to perform duties to influence decisions on disqualification.

Main Provisions

• Evidence of rehabilitation for public employment or licensing

  • A person convicted of a crime that relates directly to the job or license sought can avoid disqualification if they provide competent evidence of rehabilitation and demonstrate present fitness to perform duties.
  • The authority may consider several forms of evidence, including:
  • a recent certified copy of the DD214 showing honorable discharge or separation from military service after the conviction that would otherwise disqualify the applicant,
  • a copy of local, state, or federal release orders, and evidence that at least one year has passed since release from custody without a new conviction, plus evidence showing compliance with probation or parole terms,
  • documents showing completion of probation or parole, as appropriate.
  • In addition to these documents, the licensing or hiring authority must consider other evidence the applicant presents, including:
  • the nature and seriousness of the crime(s),
  • circumstances surrounding the crime, including mitigating factors or social conditions,
  • the applicant’s age at the time of the crime,
  • how much time has passed since the crime, and
  • other competent rehabilitation evidence, such as letters of reference.
  • A DD214 mentioning honorable discharge ceases to be competent rehabilitation evidence if the person commits a gross misdemeanor or felony after the discharge date.

• Notification and reapplication when denial occurs

  • If an agency denies a person a public job or a license partly because of a prior conviction, the agency must provide written notice that includes:
  • the grounds and reasons for the denial or disqualification,
  • the applicable complaint and grievance procedure,
  • the earliest date the person may reapply, and
  • that all competent rehabilitation evidence will be considered again upon reapplication.

Significant Changes to Law

• Shifts from a blanket disqualification for past convictions to a structured rehabilitation-based approach for public employment and licensing.
• Creates explicit criteria and documentary requirements to demonstrate rehabilitation and fitness.
• Establishes a formal notification and reapplication process when a denial occurs, ensuring future consideration of rehabilitation evidence.

Practical Impact

• Applicants with a relevant past conviction may have a clearer pathway to employment or licensing if they can present appropriate rehabilitation evidence.
• Agencies are given structured criteria and documents to review, potentially broadening opportunities for individuals with criminal histories.

Relevant Terms - evidence of rehabilitation - competent evidence of sufficient rehabilitation - present fitness - public employment - occupation - license - licensing or hiring authority - DD214 (United States Department of Defense form) - honorable discharge - release order - probation - parole - correctional institution - time elapsed since crime - mitigating circumstances - letters of reference - disqualification - denial of employment - grievance procedure - reapplication - section 364.06 (grievance mechanism)