A conviction alone cannot disqualify you from a license
No one may be disqualified from an occupation that needs a state license, permit, certificate or registration "solely or in part, because of a prior conviction of a crime or crimes unless the underlying crime or crimes substantially relate to the occupation to which the license applies."
The law then adds a sentence that is easy to skim past and does a great deal of work: "Any other state law to the contrary will be superseded by this provision." The same rule applies to suspending or revoking a license you already hold.
"License" is defined broadly — the whole or part of any agency permit, certificate, approval or similar permission required by law. A driver's license is the one thing expressly carved out.
An expunged conviction may not be used at all
The law lists criminal records that "may not be used in connection with any application for a license, permit, certificate, or registration." There are five, and the third is the reason this page exists:
- Juvenile adjudications
- Records of arrest not followed by a valid conviction
- Convictions that have been, pursuant to law, annulled or expunged
- Misdemeanor convictions for which no jail sentence can be imposed
- A conviction that is not related to the occupation, as determined under the factors below
What "substantially relate" means
If a conviction has not been expunged, the licensing authority weighs these factors to decide whether it substantially relates to the occupation:
- The state's legitimate interest in equal access to employment for people who have had past contact with the criminal justice system
- The state's legitimate interest in protecting the property, safety and welfare of specific individuals or the general public
- The relationship of the crime to the ability, capacity and fitness required to perform the duties of the occupation
Rehabilitation can still win the license
Even if the crime does substantially relate to the occupation, you still shall not be disqualified if you can show "competent evidence of sufficient rehabilitation and present fitness."
The law tells the board what to consider. That includes at least two years since release from prison — or at least two years since the sentencing date on a probation sentence without prison — with no new conviction or pending charge; the nature and seriousness of the offense; mitigating circumstances; your age at the time; and letters of reference from people who have been in contact with you since release.
The board has to give you notice first
The law also sets procedure, and a board that skips it has not followed the law. Before a final decision to deny, suspend or revoke because of a conviction, the licensing authority must tell you in writing:
- The specific convictions it relied on, and why it considers them substantially related
- A copy of the conviction history report, if there is one, that it is relying on
- That you may provide evidence of mitigation or rehabilitation
- How to respond — and you then have thirty business days
If the board still says no
A final decision must be in writing. It must address each of the factors above, identify the convictions relied on, explain the appeal process, and state the earliest date you may reapply — which "shall not be longer than two (2) years from the date of the final decision."
Each licensing body must also publish a yearly report of how many applicants it denied, and how many it denied solely or in part because of a criminal conviction.
Where the expungement law meets the licensing law
After an expungement, you may state on any license application that you have never been convicted of the crime. The licensing law comes at it from the board's side: the board may not use an expunged conviction at all. Two laws, pointing the same way.
But five applications are carved out. You must still disclose an expunged conviction for admission to the bar of any court, a teaching certificate, a coaching certificate, an early childhood education facility, and a law enforcement position.
A separate and narrower list says who the office that keeps the record may tell, and it is easy to confuse with the first. The record keeper may disclose an expunged conviction to a bar admission, character and fitness, or disciplinary committee, board, agency or court, and to the commissioner of elementary and secondary education.
The two lists are not the same five. The first says who you must tell. The second says who the record keeper may tell.
Before you apply for a license
Get your BCI report so you are working from the official record, not memory, and find out whether the conviction can be expunged at all. The eligibility checker names the law behind every answer.
An expunged conviction is on the list of records a board may not use. That is a much better position than arguing over whether it substantially relates to the occupation.
The law behind this page
- No disqualification solely or in part because of a conviction unless the crime substantially relates to the occupation; other state law to the contrary is superseded: R.I. Gen. Laws § 28-5.1-14(d).
- The same rule for suspension and revocation: § 28-5.1-14(e).
- "License" defined broadly; a driver's license under chapter 10 of title 31 excluded: § 28-5.1-14.
- The factors for deciding whether a crime substantially relates: § 28-5.1-14(f).
- Rehabilitation and present fitness, including the two-year period: § 28-5.1-14(g).
- Records that may not be used, including annulled or expunged convictions: § 28-5.1-14(h), item (3) for expunged convictions.
- Written notice, the conviction history report if any, and thirty business days to respond: § 28-5.1-14(i) and (j).
- The written final decision, the appeal process under chapter 35 of title 42, and a reapply date no more than two years out: § 28-5.1-14(k).
- Yearly reporting by each licensing body: § 28-5.1-14(l).
- You may state you have never been convicted, except for admission to the bar, a teaching certificate under chapter 11 of title 16, a coaching certificate under § 16-11.1-1, an early childhood education facility under chapter 48.1 of title 16, and law enforcement: § 12-1.3-4(b).
- Who the record keeper may disclose an expunged conviction to: § 12-1.3-4(c).
