New law allows people with criminal convictions to seek pre-approval for state licenses
Effective today, Act 486 of the 2022 Louisiana Legislative Regular Session, amends several state statutes to allow those with criminal convictions to seek review of their conviction by certain state licensing agencies to determine whether they will be denied for the license before spending money to obtain any necessary educational requirements.
Previously, Louisiana Revised Statutes Title 37, §33 simply allowed an “ex-offender” to apply for a state license to perform certain work that required one. The law now states:
“An individual convicted of a crime may request at any time including before obtaining any required education or training, that an entity. issuing licenses to engage in certain fields of work pursuant to state law determine whether the individual’s criminal conviction disqualifies the individual from obtaining a license issued or conferred by the licensing entity.”
La. R.S. 37:33(A). Within 45 days, the licensing agency must notify the applicant whether, “based on the criminal record information submitted, the individual is disqualified from receiving or holding the license about which the individual inquired.” La. R.S. 37:33(B)(1)
The written notice must include:
(1) The specific conviction that is the basis for the intended denial.
(2) The reasons the conviction was determined to be directly related to the licensed activity, including findings for each of the factors provided in R.S. 37:2950 that the licensing authority deemed relevant to the determination.
(3) The right to submit additional evidence relevant to each of the factors listed in R.S. 37:2950 within sixty days, which the licensing authority shall consider before issuing a final determination.
La. R.S. 37:34(A). The final determination must be in writing and give the applicant notice of the right to appeal and notice of the earliest date on which she can reapply. La. R.S. 37:34(B).
The factors that must be considered by each agency are:
(a) The nature and seriousness of the offense.
(b) The nature of the specific duties and responsibilities for which the license, permit, or certificate is required.
(3) (sic) The amount of time that has passed since the conviction.
(4) (sic) Facts relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense.
(5) (sic) Evidence of rehabilitation or treatment undertaken by the person since conviction.
La. R.S. 37:2950(A)(2).
The following agencies are not subject to this change: the State Boxing and Wrestling Commission; the Louisiana Gaming Control Board; the Louisiana Lottery Corporation; the Louisiana State Racing Commission; the office of charitable gaming, Department of Revenue; and the gaming enforcement division, office of state police, Department of Public Safety and Corrections. La. R.S. 37:36(C).
If you or someone you know is facing criminal prosecution and has questions about its impact on your career, call us at (318) 459-9111 to schedule a consultation.