§ 21-28.11-12.1. Criminal record information — Permitted use.
(a) The commission shall require all applicants for license and registration under this
chapter to undergo a national criminal background check prior to issuing any license
or registration. The applicant shall apply to the bureau of criminal identification
of the department of attorney general, department of public safety division of state
police, or local police department for a national background check that shall include
fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery
of any criminal record information, the bureau of criminal identification of the department
of attorney general, department of public safety division of state police, or the
local police department shall inform the applicant, in writing, of the nature of the
criminal record information. The bureau of criminal identification of the department
of attorney general, department of public safety division of state police, or the
local police department shall also inform the commission, in writing, of the nature
of the criminal record information. In those situations in which no criminal record
information has been found, the bureau of criminal identification of the department
of attorney general, department of public safety division of state police, or the
local police department shall inform the applicant and the commission, in writing,
of this fact. The applicant shall be responsible for any expense associated with the
national background check.
(b) All applicants for license or registration have a duty to truthfully and fully disclose
prior criminal convictions to the commission and any information the commission requests
related to said convictions. If issued a license or registration by the commission,
licensees have a continuing duty to truthfully and fully disclose any subsequent criminal
convictions to the commission, along with any information the commission requests
related to said convictions. Failure to do so may result in the denial, suspension,
or revocation of a license or registration, and criminal prosecution pursuant to § 21-28.11-27 and/or other applicable law.
(c) "Conviction� as used throughout this chapter shall have the same meaning as set forth
in § 21-28.6-6(g).
(d) No person shall be automatically disqualified to practice, pursue, or engage in any
business or activity licensed or registered by the commission pursuant to the provisions
of this chapter, solely relating to a prior conviction of a cannabis or marijuana
possession crime or crimes unless:
(1) The underlying crime or crimes involved the distribution of a controlled substance,
including cannabis or marijuana, to a minor; or
(2) The underlying crime or crimes substantially relates to the occupation to which the
license or registration applies. Any other state law to the contrary will be superseded
by this provision.
(e) No occupational license or registration issued by the commission shall be suspended
or revoked, solely or in part, because of a prior or subsequent possession of cannabis
or marijuana offense conviction of a crime or crimes unless the underlying crime or
crimes substantially relate to the occupation to which the license or registration
applies. Any other state law to the contrary will be superseded by this provision.
(f) A person who has been convicted of a crime may be disqualified to practice, pursue
or engage in any business activity licensed by the commission pursuant to this chapter
or chapter 28.6 of this title if the commission determines that the circumstances
of the conviction are substantially related to the occupation for which the license
or registration is sought. In determining if a conviction substantially relates to
the occupation for which the license or registration is sought, the commission shall
consider:
(1) The state's legitimate interest in protecting the property and the safety and welfare
of specific individuals or the general public;
(2) 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; and
(3) The state's legitimate interest in equal access to employment for individuals who
have had past contact with the criminal justice system.
(g) A person who has been convicted of a crime or crimes that substantially relates to
the occupation for which a license is sought may not be automatically disqualified
from the occupation if the person can establish by competent evidence, satisfactory
in the discretion of the commission, of sufficient rehabilitation and present fitness
to perform the duties of the occupation for which the license is sought. The commission
shall consider the time elapsed since the conviction when determining sufficient rehabilitation,
as well as any evidence presented by the applicant regarding:
(1) Completion of a period of at least two (2) years after release from imprisonment,
or at least two (2) years after the sentencing date for a probation sentence or suspended
sentence not accompanied by incarceration, without subsequent conviction or pending
criminal charge;
(2) The nature, seriousness, and relevance of the crime or crimes for which convicted;
(3) All circumstances relative to the crime or crimes, including mitigating circumstances
surrounding the commission of the crime or crimes;
(4) The age of the person at the time the crime or crimes were committed;
(5) Claims that the criminal record information is in error or inadmissible; and
(6) All other competent evidence of rehabilitation and present fitness presented, including,
but not limited to, letters of reference by persons who have been in contact with
the applicant since the applicant's release from any state or federal correctional
institution.
(h) The following criminal records may not be used in connection with any application
for a license or registration submitted pursuant to the provisions of this chapter:
(1) Juvenile adjudications;
(2) Records of arrest not followed by a conviction;
(3) Convictions that have been, pursuant to law, annulled or expunged;
(4) Misdemeanor convictions for which no jail sentence can be imposed; or
(5) A conviction that does not substantially relate to the occupation for which the license
or registration is sought, as determined by subsection (f) of this section.
(i) If the commission intends to deny, suspend, or revoke an occupational license, permit,
or registration solely or in part because of the individual's prior conviction of
a crime that is determined to be substantially related to the occupation for which
the license or registration applies, the commission shall notify the individual in
writing of the following prior to the final decision:
(1) The specific conviction(s) that forms the basis for the potential denial, suspension,
or revocation and the rationale for deeming the conviction substantially related to
the occupation or activity;
(2) A copy of the conviction history report, if any, on which the commission relies;
(3) A statement that the applicant may provide evidence of mitigation or rehabilitation,
as described in subsection (g) of this section; and
(4) Instructions on how to respond to the potential denial, suspension, or revocation.
(j) After receiving the notice of potential denial, suspension, or revocation, the individual
shall have thirty (30) business days to respond.
(k) If the commission denies, suspends, or revokes a license or registration solely or
in part because of the applicant's substantially related conviction, the commission
shall issue a final written decision that addresses the following:
(1) The specific conviction(s) that form the basis for the denial, suspension, or revocation
and the rationale for deeming the conviction(s) substantially related to the occupation
or activity;
(2) A copy of the conviction history report, if any, on which the commission relies;
(3) The process for appealing the decision in accordance with chapter 35 of title 42; and
(4) The earliest date the person may reapply for license or registration which shall not
be longer than two (2) years from the date of the final decision.
(l) Notwithstanding any general or special law to the contrary, except as otherwise provided
in this chapter, any prior conviction for a crime that has been decriminalized, or
is eligible for expungement pursuant to the provisions of this chapter cannot serve
as grounds, either solely or in part, for denial, suspension or revocation of a license
or registration pursuant to this chapter.
(m) The commission shall adopt rules and regulations establishing standards and procedures
consistent with the provisions of this section.