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HB 4488 - Limits the Use of Criminal Background Checks to Prohibit Occupational Licensure - Michigan Key Vote

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Title: Limits the Use of Criminal Background Checks to Prohibit Occupational Licensure

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Title: Limits the Use of Criminal Background Checks to Prohibit Occupational Licensure

Vote Smart's Synopsis:

Vote to pass a bill that limits the use of criminal background checks to prohibit occupational licensure.

Highlights:

 

  • Authorizes a licensing board or agency to consider judgements in civil actions entered against an individual as evidence of their lack of good moral character only if more than one judgement in a civil action has been entered against them (Sec. 2).

  • Prohibits a licensing board or agency from considering an individual’s criminal conviction, in and of itself, as conclusive proof of their lack of good moral character (Sec. 2).

  • Specifies that a licensing board or agency is authorized to consider an individual’s criminal conviction as evidence in the determination of their good moral character if the criminal conviction includes a felony conviction and any of the following apply to the felony (Sec. 2):

    • The licensing board or agency concludes that the specific offense has a direct and specific relationship to the activities authorized by the occupational or professional license;

    • The specific offense involves a demonstrable risk to the public safety;

    • The individual is more likely to commit a subsequent offense because they have the occupational or professional license; or

    • A subsequent offense committed by the individual with the aid of an occupational or professional license will cause greater harm to the public than it would if they didn’t have the license.

  • Specifies that a licensing board or agency is authorized to consider an individual’s criminal conviction as evidence in the determination of their good moral character without meeting the felony conviction requirements if the licensing board is one of the following (Sec. 2):

    • A principal department responsible for the licensing and regulation of child care organizations, homes for the aged, nursing homes, or adult foster care facilities;

    • The Michigan commission on law enforcement standards; or

    • The board of law examiners.

  • Requires a licensing board or agency to also consider an individual’s certificate of employability and any additional information about their current circumstances as evidence in the determination of an individual’s good moral character, including, but not limited to (Sec. 2):

    • How long ago the offense occurred;

    • Whether they completed the sentence for the offense;

    • Other evidence of rehabilitation;

    • Testimonials;

    • Employment history; and

    • Employment aspirations. 

Title: Limits the Use of Criminal Background Checks to Prohibit Occupational Licensure

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