Institute for Justice Applauds Virginia Governor Signing Bill Expanding Occupational Licenses for Former Convicts, Remove Arbitrary Language Around Denial for “Moral Character”

ARLINGTON, Va. –Yesterday, Virginia Governor Glenn Youngkin signed SB 826, a bill that would expand access to occupational licenses for former convicts by denying a regulatory board from using vague or arbitrary terms, such as “good moral character” or “moral turpitude” to refuse a license, certificate, or registration. The bill would also allow for an applicant to request a written predetermination on whether their past criminal record from obtaining a license. The bill passed unanimously though both the House and the Senate on its way to the Governor.

“This bill is a win for everyone in Virginia,” said Meagan Forbes, the Institute for Justice’s Director of Legislation and Senior Legislative Counsel. “When people work they are less likely to reoffend, keeping them out of the criminal justice system while letting them provide for themselves, their family, and the entire community. People who have served their debt to society shouldn’t have a permanent punishment preventing them from working imposed on them. We thank all who had a hand in helping pass this bill.”

Research has shown a job is one of the best ways for people with criminal records not to re-offend. But strict occupational licensing requirements make it harder for people with criminal records to find work, thwarting their chances of successful reentry. Along with other “collateral consequences,” individuals can be denied a license to work simply because of their criminal record.

Today, roughly 1 in 3 adult Americans has a criminal record of some kind, while nearly 1 in 5 needs a license to work. Thanks to the dramatic growth in both mass incarceration and occupational licensing, millions of Americans with criminal records are barred from working in the career path of their choice. Many licensing laws have clauses that permanently bar ex-offenders from working without any individualized review or require the ex-offender to prove a negative—that the ex-offender’s past crimes will not cause them to harm customers in the future.

To ensure people with criminal records can have a fresh start, the Institute for Justice brings a variety of legal challenges and legislative efforts against harmful and needlessly restrictive licensing laws. As the nation’s leading experts in the collateral consequences of occupational licensing, IJ has helped secure reforms in nearly 20 states and continues to litigate for the rights of people to work including cases in Virginia, Texas, and Maryland.

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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager at [email protected] (850) 376-4110. More information on this subject is available at:  https://ij.org/issues/economic-liberty/fresh-start/