KNOW YOUR RIGHTS: Fair Chance Licensing

The statute applies only to licenses, permits, or certificates that are issued as part of a state-licensed profession. However, the law’s protections apply to both the initial application for a license and any efforts to suspend or revoke a license that has already been granted. The “ban the box” protection, described here, sets some limits on asking about criminal records in the general employment setting.

The law bars the use of a person’s criminal record in the licensing process unless the crime or crimes “substantially relate to the occupation to which the license applies.”

The licensing authority is required to consider the following factors in making that determination:

• The state’s “legitimate interest in equal access to employment for individuals who have had past contact with the criminal justice system.”
• The state’s “legitimate interest in protecting the property and safety and welfare of specific individuals or the general public.”
• The “relationship of the crime or crimes to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation.” 

No. An applicant who has been convicted of a “substantially related” crime can still obtain a license “if the person can show competent evidence of sufficient rehabilitation” and current fitness to perform the duties of the job for which the license is being sought. The licensing agency must consider how long ago the conviction occurred as well as any evidence provided of the following:

• Completion of at least two (2) years after release from imprisonment, or at least two (2) years after the sentencing date for a sentence not accompanied by incarceration, without subsequent conviction or pending criminal charge;
• The nature, seriousness, and relevance of the crime or crimes for which convicted;
• All circumstances relative to the crime or crimes and their commission;
• The age of the person at the time the crime or crimes were committed;
• Claims that the criminal record information is in error or is barred from consideration in the application process (as discussed further below); and
• Any other competent evidence of rehabilitation, including letters of reference.

Yes. The following records cannot be considered by the licensing agency:

• Juvenile adjudications;
• Records of arrest not followed by a valid conviction;
• Convictions which have been annulled or expunged;
• Misdemeanor convictions for which no jail sentence can be imposed;
• A conviction that is not related to the occupation for which a license is being sought.

Before making a final decision to deny, suspend, or revoke a license partly or wholly based on your criminal record, a licensing agency must first notify you in writing of the specific conviction(s) that they are relying on and the reason they consider the conviction to be substantially related to the occupation. They must then give you an opportunity to provide, within 30 days, any evidence of rehabilitation you wish to offer, as described above. If the licensing agency still decides to deny or suspend the license, you must be given a written decision explaining their reasons and advised how to appeal the decision. You must also be informed when you can reapply for the license; under the law, the time period for reapplying cannot be longer than two years from the date of the agency’s final decision.

Yes. The fair chance licensing law overrides any criminal record disqualification provisions in other licensing statutes that are in conflict with this law. The only exceptions to this are if federal law bars you from being licensed, or if the state licensing law at issue specifically states it is exempt from the fair chance licensing law’s requirements.

The licensing agency is required to specifically apprise you of the process for appealing the agency’s decision. This may involve filing suit in RI Superior Court under a state law known as the Administrative Procedures Act. If the agency fails to notify you of your appeal rights, you can contact the ACLU of Rhode Island for assistance.