West Virginia legislation · 2026 Regular Session
West Virginia HB4819: Relating to use of criminal records as disqualification from authorization to practice a particular profession
Status: Signed into law, March 27, 2026
What the bill says
An act to amend and reenact §21-1-6, §21-5-5c, §21-14-6, and §21-16-7; and to amend and reenact §29-3B-4, §29-3C-4, and §29-3D-6 of the Code of West Virginia, 1931, as amended, relating generally to the use of criminal records as disqualification from initial licensure or other authorization to practice certain professions or occupations. chapter 21. labor. ARTICLE 1. DIVISION OF LABOR. §21-1-6. Use of criminal records as disqualification from authorization to engage in licensed profession or occupation. (a) The commissioner may not disqualify an applicant from initial licensure, as required i.
From the enrolled text, March 12, 2026:
AN ACT to amend and reenact §21-1-6, §21-5-5c, §21-14-6, and §21-16-7; and to amend and reenact §29-3B-4, §29-3C-4, and §29-3D-6 of the Code of West Virginia, 1931, as amended, relating generally to the use of criminal records as disqualification from initial licensure or other authorization to practice certain professions or occupations. chapter 21. labor. ARTICLE 1. DIVISION OF LABOR. §21-1-6. Use of criminal records as disqualification from authorization to engage in licensed profession or occupation. (a) The commissioner may not disqualify an applicant from initial licensure, as required in this chapter, except under §21-5-5c of this code, because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that directly and specifically relates to the duties and responsibilities of the activity requiring licensure such that granting the applicant licensure would pose a direct and substantial risk to the public because the applicant has not been rehabilitated. In making its determination, the commissioner shall consider, at a (2) The passage of time since the commission of the crime; (3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and (4) Any evidence of rehabilitation or treatment undertaken by the individual, including the following, if (B) The completion of the criminal …