Occupational Licensing and Certification - Criminal History - Predetermination Review Process, the official text

WES MOORE, Governor                  Ch. 302

Chapter 302

                   (House Bill 557)

AN ACT concerning

        Occupational Licensing and Certification – Criminal History –
                             Predetermination Review Process

FOR the purpose of providing that “department” does not include the Department of Public
         Safety and Correctional Services for purposes of certain provisions prohibiting a
         department from refusing to issue an occupational license or certificate based on a
         certain conviction under certain circumstances; establishing a predetermination
         review process for occupational licenses and certificates in certain departments of
         State government; and generally relating to occupational licensing and certification.

BY repealing and reenacting, with amendments,
         Article – Criminal Procedure
         Section 1–209
         Annotated Code of Maryland
         (2025 Replacement Volume)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Criminal Procedure

1–209.

(a) (1) In this section, “department” means:

             (i) the Department of Agriculture;

             (ii) the Department of the Environment;

             (iii) the Maryland Department of Health;

             (iv) the Department of Human Services; OR

             (v) the Maryland Department of Labor[; or

             (vi) the Department of Public Safety and Correctional Services].

                  (2) “Department” includes any unit of a department specified in paragraph
(1) of this subsection.

                   –1–
Ch. 302  2026 LAWS OF MARYLAND

        (b) This section does not apply to a person who:

                (1) was previously convicted of a crime of violence, as defined in § 14–101
of the Criminal Law Article; OR

                (2) IS APPLYING FOR LICENSURE OR LICENSE RENEWAL UNDER
TITLE 11, SUBTITLE 6 OF THE FINANCIAL INSTITUTIONS ARTICLE.

         (c) It is the policy of the State to encourage the employment of nonviolent
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational
licenses or certifications required by the State.

         (d) Except as provided in subsection (f) of this section, a department may not deny
an occupational license or certificate to an applicant solely on the basis that the applicant
has previously been convicted of a crime, unless the department determines that:

                  (1) there is a direct relationship between the applicant’s previous
conviction and the specific occupational license or certificate sought; or

                  (2) the issuance of the license or certificate would involve an unreasonable
risk to property or to the safety or welfare of specific individuals or the general public.

         (e) In making the determination under subsection (d) of this section, the
department shall consider:

                  (1) the policy of the State expressed in subsection (c) of this section;

                  (2) the specific duties and responsibilities required of a licensee or
certificate holder;

                  (3) whether the applicant’s previous conviction has any impact on the
applicant’s fitness or ability to perform the duties and responsibilities authorized by the
license or certificate;

                  (4) the age of the applicant at the time of the conviction and the amount of
time that has elapsed since the conviction;

                  (5) the seriousness of the offense for which the applicant was convicted;

                  (6) other information provided by the applicant or on the applicant’s behalf
with regard to the applicant’s rehabilitation and good conduct; and

                  (7) the legitimate interest of the department in protecting property and the
safety and welfare of specific individuals or the general public.

         –2–
WES MOORE, Governor  Ch. 302

         (f) (1) This subsection does not apply to a conviction of a crime for which
registration on the sex offender registry is required under Title 11, Subtitle 7 of this article.

                  (2) If a period of 7 years or more has passed since an applicant completed
serving the sentence for a crime, including all imprisonment, mandatory supervision,
probation, and parole, and the applicant has not been charged with another crime other
than a minor traffic violation, as defined in § 10–101 of this article, during that time, a
department may not deny an occupational license or certificate to the applicant solely on
the basis that the applicant was previously convicted of the crime.

        (G) (1) (I) AN INDIVIDUAL MAY FILE A REQUEST WITH A DEPARTMENT
FOR REVIEW OF THE INDIVIDUAL’S CRIMINAL HISTORY TO DETERMINE WHETHER
THE INDIVIDUAL’S CRIMINAL HISTORY WOULD DISQUALIFY THE INDIVIDUAL FROM
OBTAINING THE OCCUPATIONAL LICENSE OR CERTIFICATE BEING SOUGHT.

                         (II) THE DETERMINATION OF A DEPARTMENT REGARDING

WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICATE WOULD BE APPROVED OR
DENIED TO THE INDIVIDUAL REQUESTING THE PREDETERMINATION UNDER

SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE BINDING ON THE DEPARTMENT

UNLESS THERE IS A SUBSEQUENT DIRECT AND MATERIAL ADVERSE CHANGE TO THE

INDIVIDUAL’S CRIMINAL HISTORY.

                         (III) WHEN CONDUCTING A PREDETERMINATION REVIEW
REQUESTED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, A DEPARTMENT
SHALL UTILIZE THE EXISTING RESOURCES OF THE DEPARTMENT.

                (2) IF A DEPARTMENT DETERMINES THAT AN OCCUPATIONAL

LICENSE OR CERTIFICATE WOULD BE DENIED TO THE INDIVIDUAL UNDER

PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL PROVIDE THE
INDIVIDUAL WITH AN EXPLANATION FOR ITS DETERMINATION, INCLUDING THE
BASIS UNDER SUBSECTION (D) OF THIS SECTION.

                (3) AN INDIVIDUAL MAY SUBMIT A REVISED REQUEST FOR A

PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETERMINATION

UNDER PARAGRAPH (1) OF THIS SUBSECTION IF:

                         (I) 1 YEAR HAS PASSED SINCE THE INDIVIDUAL RECEIVED THE
PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION; OR

                         (II) THERE IS A MATERIAL CHANGE TO THE INDIVIDUAL’S
CRIMINAL HISTORY.

–3–
Ch. 302  2026 LAWS OF MARYLAND

                (4) (I) A DEPARTMENT MAY CHARGE A CRIMINAL HISTORY REVIEW

FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION NOT

EXCEEDING $100.

                         (II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH MAY BE WAIVED IF THE INDIVIDUAL’S INCOME IS AT OR BELOW 300%
OF THE FEDERAL POVERTY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF
MARYLAND.

        (H) NOTHING IN THIS SECTION MAY BE CONSTRUED TO:

                (1) OVERRIDE, SUPERSEDE, OR INVALIDATE ANY COMPACT OR

AGREEMENT ALREADY IN PLACE WITH REGARD TO THE REGULATION OF ANY

PROFESSION OR OCCUPATION BY A DEPARTMENT; OR

                (2) SUPERSEDE THE AUTHORITY OF A DEPARTMENT TO REQUIRE AN

APPLICANT OR A LICENSEE TO SUBMIT TO A CRIMINAL HISTORY RECORDS REVIEW

IN ACCORDANCE WITH THIS SECTION.

         SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2028,
the Department of Agriculture, the Department of the Environment, the Maryland
Department of Health, the Department of Human Services, and the Maryland Department
of Labor shall each report to the Senate Finance Committee and the House Economic
Matters Committee, in accordance with § 2–1257 of the State Government Article, on the
implementation of Section 1 of this Act, including the number of predetermination requests
conducted and the costs associated with implementation.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026. It shall remain effective for a period of 3 years and, at the end of June 30, 2029,
this Act, with no further action required by the General Assembly, shall be abrogated and
of no further force and effect.

Approved by the Governor, April 28, 2026.

         –4–