SB 263 West Virginia Senate · 2025 Regular Session

Relating to use of criminal records as disqualification from authorization to practice particular profession

SB 263 changes West Virginia licensing rules for professions regulated by the Division of Labor or State Fire Marshal. It prohibits licensing authorities from automatically disqualifying applicants based on past criminal convictions unless the crime directly relates to the profession (e.g., a theft conviction for a financial advisor) and poses a clear public safety risk. The bill requires authorities to consider rehabilitation efforts (like treatment, education, or employment), sets a 5-year waiting period after conviction/release (with exceptions for violent/sexual offenses), and bans consideration of arrests without convictions. Applicants with criminal records can petition for a case-by-case determination of eligibility. This directly affects individuals seeking their first license in professions like healthcare, finance, or security.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Mar 11, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 4 edits
MODERATE
The bill was amended from a broad criminal record reform measure covering many professions to a narrower version focused only on labor-related and fire safety licensing. The Committee Substitute removed references to motor vehicle dealers, vehicle wreckers, and other professions, limiting the bill's impact to workers regulated by the Division of Labor and State Fire Marshal.
Scope change
The bill's scope was significantly narrowed from covering 15+ professions including motor vehicle dealers, wreckers, and various other occupations to only professions regulated by the Division of Labor and State Fire Marshal.
SCOPE

Removed provisions applying criminal record restrictions to motor vehicle dealers, wreckers, dismantlers, and other vehicle-related professions.

Removed references to additional professions including plumbing, heating/ventilating/cooling, and other miscellaneous boards that were not under the Division of Labor or State Fire Marshal.

REQUIREMENT

Simplified the list of amended code sections from 15+ sections to only six sections covering labor and fire safety licensing.

Added specific language clarifying that the Commission of Labor cannot disqualify psychophysiological detection examiners based on felony convictions unless there is a rational nexus to the job duties.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
2
Mar 11, 2025
Committee
To Judiciary
upper
Mar 11, 2025
Upper · Passed
Committee substitute reported, but first to Judiciary
upper
Feb 12, 2025
Introduced
Introduced in Senate
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Laura Chapman
Laura Chapman
RRepublican
WV
1