House Bill 404 with House Amendment 2

The Delaware Fair Chance Licensing Act provides that it is the policy of this State to allow entry to professions and occupations with licensing requirements for individuals with a criminal history to the maximum extent consistent with public safety. To that end, the bill identifies certain kinds of criminal history elements that should not be considered by licensing boards: charges that are not pending and did not lead to a conviction; juvenile records; records that have been expunged, sealed, or pardoned; and convictions that are more than 10 years old. An exception is allowed to the 10-year rule to preserve existing prohibitions involving sex offense convictions. The Act also identifies factors a licensing authority should consider in determining whether a criminal history record would prohibit licensure, or whether a waiver should be granted. The bill provides a process whereby an individual may submit an inquiry to the Division of Professional Regulation regarding whether their criminal history would be disqualifying for a particular license. Finally, it provides that the Board or Division must provide a written statement to an individual if their criminal history record would be disqualifying and allow the individual to submit rebuttal materials if they wish to do so. Technical changes are also made to conform the provisions to the requirements of the Delaware Legislative Drafting Manual. Conforming changes are made to all the Chapters of Title 24 that are administered by the Division of Professional Regulation. Technical corrections are made to existing provisions to conform with the Delaware Legislative Drafting Manual.