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West VirginiaHB 48192026 Regular SessionHouseWALLET

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

Sponsored By: Kathie Hess Crouse (Republican)

Signed by Governor

§21-1-6§21-5-5C§21-14-6§21-16-7§29-3B-4§29-3C-4§29-3D-6

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Easier electrician licensing and reciprocity

Beginning June 10, 2026, the State Fire Marshal uses fair‑chance rules for initial electrician licenses. You can be denied only if a conviction directly relates to the work and poses a clear, substantial safety risk. A 5‑year safe harbor applies if you had no new crimes and the offense was not violent or sexual. Arrests without convictions do not count. You may file a pre‑application petition to learn if your record bars you. If you hold an electrician license in another state and are in good standing, you can get the same or equivalent license without a written exam after you pay the required fee. Applications must include your Social Security number. The Marshal will set rules and update forms and the website to explain all steps.

Fair-chance licensing and petition option

Beginning June 10, 2026, licensing agencies under the Labor Commissioner use fair‑chance rules. They may deny an initial license for a conviction only if it directly relates to the job and creates a clear, substantial safety risk. Arrests without convictions do not count. If 5 years have passed since conviction or release, with no new crimes, and the offense was not violent or sexual, you are protected. You can file a petition any time to get a written answer within 60 days on whether your record disqualifies you. Agencies must update forms and websites to explain these rules. A fee may be charged to process a petition.

Fair-chance rules for plumbing and HVAC

Beginning June 10, 2026, plumbing and HVAC licensing must apply the same fair‑chance standard. The Commissioner must decide case by case if a past conviction directly and specifically relates to the job. Arrests without convictions do not count for initial plumbing licenses. Licensing forms and websites are updated to explain the rules and the petition option.

Electrical inspector certification with fee

Beginning June 10, 2026, the State Fire Marshal sets up an electrical‑inspector certification program. Emergency rules set a $50 initial certification fee. The Marshal uses fair‑chance rules and a 5‑year safe harbor for older, non‑violent, non‑sexual convictions. Arrests without convictions do not count. You may file a pre‑application petition to learn if your record bars certification. Forms and the website will explain the standards and process.

Fair-chance rules for fire licenses

Beginning June 10, 2026, fire‑protection and damper licenses use fair‑chance rules. You can be denied only if a conviction directly relates to the work and creates a clear, substantial safety risk. A 5‑year safe harbor applies for older, non‑violent, non‑sexual convictions with no new crimes. Arrests without convictions do not count. You may file a pre‑application petition to learn if your record bars licensure. The Marshal must update forms and the website. Licenses can be suspended or revoked after notice for material false statements or unsafe, incompetent work.

Polygraph examiners must be licensed

Beginning June 10, 2026, no one may give lie‑detector style exams without a current license. Licenses last one year; there are two classes (Class I and Class II for full‑time law enforcement use). The Commissioner sets training, testing, ethics, accuracy, and continuing‑education rules. Applicants must pass exams, complete required training, and provide a Social Security number. Annual fees fund the program. Felony records are reviewed case by case based on whether the crime has a rational nexus to the job.

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Sponsors & Cosponsors

Sponsor

  • Kathie Hess Crouse

    Republican • House

Cosponsors

  • Michael Hornby

    Republican • House

  • Tristan Leavitt

    Republican • House

  • Kayla Young

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 130 • No: 0

Senate vote • 3/12/2026

Passed Senate (Roll No. 493)

Yes: 34 • No: 0

House vote • 2/20/2026

Passed House (Roll No. 146)

Yes: 96 • No: 0

Actions Timeline

  1. Approved by Governor 3/27/2026

    3/30/2026House

  2. To Governor 3/25/2026

    3/25/2026House

  3. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  4. Approved by Governor 3/27/2026 - House Journal

    3/14/2026House

  5. Approved by Governor 3/27/2026 - Senate Journal

    3/14/2026Senate

  6. House received Senate message

    3/13/2026House

  7. On 3rd reading

    3/12/2026Senate

  8. Read 3rd time

    3/12/2026Senate

  9. Passed Senate (Roll No. 493)

    3/12/2026Senate

  10. Communicated to House

    3/12/2026Senate

  11. Completed legislative action

    3/12/2026Senate

  12. On 2nd reading

    3/11/2026Senate

  13. Read 2nd time

    3/11/2026Senate

  14. Reported do pass

    3/10/2026Senate

  15. Immediate consideration

    3/10/2026Senate

  16. Read 1st time

    3/10/2026Senate

  17. Introduced in Senate

    2/21/2026Senate

  18. To Government Organization

    2/21/2026Senate

  19. To Government Organization

    2/21/2026Senate

  20. On 3rd reading, Special Calendar

    2/20/2026House

  21. Read 3rd time

    2/20/2026House

  22. Passed House (Roll No. 146)

    2/20/2026House

  23. Communicated to Senate

    2/20/2026House

  24. On 2nd reading, Special Calendar

    2/19/2026House

  25. Read 2nd time

    2/19/2026House

Bill Text

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