Regards filing for certificate of qualification for employment
What changed between versions
Added a new petition process allowing individuals with criminal records to apply for a certificate of qualification for employment.
Added new definitions for 'collateral sanction,' 'decision-maker,' 'designee,' and 'department-funded program' to clarify the law's application.
Established specific waiting periods before an individual can file a petition: one year for felonies and six months for misdemeanors, with a potential waiver for indigent applicants.
Added requirements for the petition form, including personal details, criminal history, employment history, and references, along with a $50 application fee.
Added a 'rebuttable presumption' provision, meaning the certificate legally presumes the person is fit for a job or license unless an employer can prove otherwise with clear and convincing evidence.
Created a judicial review process where courts must evaluate petitions within 60 days and issue certificates if the individual meets specific criteria, such as showing the certificate will help them obtain employment.
Added immunity for employers who hire individuals with certificates, protecting them from negligence claims if they acted in due care, unless they knowingly retained a dangerous employee.
Listed specific collateral sanctions that the certificate does NOT lift, including driver's license suspensions, restrictions on law enforcement employment, and certain health care professional license denials.
Required the Department of Rehabilitation and Correction to maintain a public database tracking granted and revoked certificates and to report on their usage.