West Virginia 2026 Session Status: Enacted Bipartisan · 3 R · 1 D cosponsors

HB 4819 — Relating to use of criminal records as disqualification from authorization to practice a particular profession

Last action — Chapter 140, Acts, Regular Session, 2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 94% · high confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill addresses how criminal records can disqualify individuals from practicing certain professions.

The bill modifies the use of criminal records in determining whether someone can be authorized to practice specific professions. It aims to regulate how these records impact professional licensing decisions.

Summary

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

Bill Text

What changed in the latest version

308 added · 298 removed

Plain-language change summary

The revised version of House Bill 4819 now specifies that an applicant cannot be disqualified from getting a professional license solely based on a prior criminal conviction unless it directly relates to their job and poses a significant risk to public safety. The changes also removed a requirement for including details about past arrests in background checks. This adjustment is important as it allows more individuals with past convictions a fair chance at employment in various professions, encouraging rehabilitation and reducing barriers to entry for those looking to reintegrate into the workforce.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 4819 By Delegates Crouse, Hornby, Leavitt, and Young [Introduced January 26, 2026;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED House Bill 4819 BYD ELEGATESCROUSE , ORNBY, EAVIT,AND YOUNG [Passed March 12, 2026;
referred to the Committee on Government Organization] Eng HB 4819 A BILL to amend and reenact §21-1-6, §21-5-5c, §21-14-6, and §21-16-7;
in effect 90 days from passage (June 10, 2026)] Enr HB 4819 AN ACT to amend and reenact §21-1-6, §21-5-5c, §21-14-6, and §21-16-7;
(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 bears a rational nexus 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.
(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 determining whether a criminal conviction bears a rational nexus a profession or occupation making its determination, the commissioner shall consider, at a minimum:
In making its determination, the commissioner shall consider, at a minimum:
Eng HB 4819 (C) A certificate of rehabilitation or good conduct;
(C) A certificate of rehabilitation or good conduct;
(D) Completion of, or active participation in, rehabilitative mental health, drug, or alcohol treatment;
Enr HB 4819 (D) Completion of, or active participation in, rehabilitative mental health, drug, or alcohol treatment;
(b) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the commissioner shall permit the applicant to apply for initial licensure if the commissioner may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
(b) Notwithstanding any other provision of this code to the contrary, the commissioner may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
(c) An individual with a criminal record who has not previously applied for licensure held a license under this section may petition the commissioner at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.
(c) An individual with a criminal record who has not previously held a license under this section may petition the commissioner at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.
The commissioner shall provide the determination within Eng HB 4819 60 days of receiving the petition from the applicant.
The commissioner shall provide the determination within 60 days of receiving the petition from the applicant.
(d) Notwithstanding any other provision of this chapter to the contrary, an individual may not be required to disclose, nor may the commissioner consider, an arrest not followed by a conviction in an application for initial licensure or a determination under subsection (c) of this section.
Enr HB 4819 (d) Notwithstanding any other provision of this chapter to the contrary, an individual may not be required to disclose, nor may the commissioner consider, an arrest not followed by a conviction in an application for initial licensure or a determination under subsection (c) of this section.
Provided, That the commissioner shall apply §21-1- 6 of this code to determine if the prior criminal may not disqualify an applicant from initial licensure because of a prior felony conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to practicing as an examiner.
Provided, That the commissioner may not disqualify an applicant from initial licensure because of a prior felony conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to practicing as an examiner.
In determining whether a felony Eng HB 4819 conviction bears a rational nexus to the license being sought, the commissioner shall consider at a minimum:
In determining whether a felony conviction bears a rational nexus to the license being sought, the commissioner shall consider at a minimum:
(B) The passage of time since the commission of the crime;
Enr HB 4819 (B) The passage of time since the commission of the crime;
Eng HB 4819 (d) The license to administer psychophysiological detection of deception, lie detector, or similar examinations to any person shall be issued for a period of one year.
(d) The license to administer psychophysiological detection of deception, lie detector, or similar examinations to any person shall be issued for a period of one year.
(1) "Class I license" which authorizes an individual to administer psychophysiological detection of deception examinations for all purposes which are permissible under the provisions of this article and other applicable laws and rules;
Enr HB 4819 (1) "Class I license" which authorizes an individual to administer psychophysiological detection of deception examinations for all purposes which are permissible under the provisions of this article and other applicable laws and rules;
Eng HB 4819 (1) The type and amount of training or schooling necessary for a person before which he or she may be licensed to administer or interpret a psychophysiological detection of deception, lie detector, or similar examination;
(1) The type and amount of training or schooling necessary for a person before which he or she may be licensed to administer or interpret a psychophysiological detection of deception, lie detector, or similar examination;
(2) Testing requirements, including the designation of the test to be administered to persons applying for licensure;
Enr HB 4819 (2) Testing requirements, including the designation of the test to be administered to persons applying for licensure;
Provided, That the commissioner shall apply §21-1-6 of this code to determine if whether the prior criminal conviction bears a rational nexus directly and specifically relates to the license being sought.
Provided, That the commissioner shall apply §21-1-6 of this code to determine whether the prior criminal conviction directly and specifically relates to the license being sought.
Eng HB 4819 (2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;
(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;
or (4) The licensee violated any statute of this state, any legislative rule, or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful, or improper business practices.
or Enr HB 4819 (4) The licensee violated any statute of this state, any legislative rule, or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful, or improper business practices.
Provided, That the commissioner shall apply §21-1-6 of this code to determine if whether the prior criminal conviction bears a rational nexus directly and specifically relates to the license being sought.
Provided, That the commissioner shall apply §21-1-6 of this code to determine whether the prior criminal conviction directly and specifically relates to the license being sought.
Eng HB 4819 CHAPTER 29.
CHAPTER 29.
§29-3B-4.
Enr HB 4819 §29-3B-4.
When considering whether an applicant possesses the qualifications for the class of license, the State Fire Marshal shall consider whether an applicant's prior criminal convictions bear a rational nexus on directly and specifically relate to the license being sought.
When considering whether an applicant possesses the qualifications for the class of license, the State Fire Marshal shall consider whether an applicant's prior criminal convictions directly and specifically relate to the license being sought.
(1) The State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus 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.
(1) The State Fire Marshal may not disqualify an applicant from initial licensure 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 determining whether a criminal conviction bears a rational nexus directly and specifically relates to a profession or occupation, the State Fire Marshal shall consider, at a minimum:
In determining whether a criminal conviction directly and specifically relates to a profession or occupation, the State Fire Marshal shall consider, at a minimum:
and Eng HB 4819 (D) Any evidence of rehabilitation or treatment undertaken by the individual, including the following, if applicable:
and (D) Any evidence of rehabilitation or treatment undertaken by the individual, including the following, if applicable:
(iii) A certificate of rehabilitation or good conduct;
Enr HB 4819 (iii) A certificate of rehabilitation or good conduct;
(2) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the State Fire Marshal shall permit the applicant to apply for initial licensure if:
(2) Notwithstanding any other provision of this code to the contrary, the State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
the State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
(3) An individual with a criminal record who has not previously applied for licensure held a license under this section may petition the State Fire Marshal at any time for a determination of Eng HB 4819 whether the individual’s criminal record will disqualify the individual from obtaining a license.
(3) An individual with a criminal record who has not previously held a license under this section may petition the State Fire Marshal at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.
(c) The State Fire Marshal shall propose rules for legislative approval regarding qualifications for testing, issuance of licenses, and renewal in accordance with the provisions of §29A-3-1 et seq.
Enr HB 4819 (c) The State Fire Marshal shall propose rules for legislative approval regarding qualifications for testing, issuance of licenses, and renewal in accordance with the provisions of §29A-3-1 et seq.
Eng HB 4819 (a) The State Fire Marshal shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
(a) The State Fire Marshal shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
Standards and procedures for certification, including applications, examinations, fees, qualifications, procedures for investigating complaints, revoking or suspending certifications, and for renewing licenses.
Standards and procedures for certification, including applications, examinations, fees, qualifications, procedures for investigating complaints, Enr HB 4819 revoking or suspending certifications, and for renewing licenses.
The State Fire Marshal is also authorized to may propose emergency rules to implement the provisions of this article:
The State Fire Marshal may propose emergency rules to implement the provisions of this article:
(c) When considering whether an applicant possesses the qualifications for certification as an electrical inspector, the State Fire Marshal shall consider whether an applicant's prior criminal convictions bear a rational nexus on directly and specifically relate to the certification being sought.
(c) When considering whether an applicant possesses the qualifications for certification as an electrical inspector, the State Fire Marshal shall consider whether an applicant's prior criminal convictions directly and specifically relate to the certification being sought.
(1) The State Fire Marshal may not disqualify an applicant from initial certification because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus directly and specifically relates to the duties and responsibilities of the activity requiring certification such that granting the applicant licensure would pose a direct and substantial risk to the public because the applicant has not been rehabilitated.
(1) The State Fire Marshal may not disqualify an applicant from initial certification 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 certification such that granting the applicant licensure would pose a direct and substantial risk to the public because the applicant has not been rehabilitated.
In determining whether a criminal conviction bears a rational nexus directly and specifically relates to a profession or occupation, the State Fire Marshal shall consider, at a minimum:
In determining whether a criminal conviction directly and specifically relates to a profession or occupation, the State Fire Marshal shall consider, at a minimum:
Eng HB 4819 (i) The age of the individual when he or she committed the offense;
(i) The age of the individual when he or she committed the offense;
(v) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;
Enr HB 4819 (v) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;
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(2) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from certification because of a prior criminal conviction, the State Fire Marshal shall permit the applicant to apply for initial certification if the State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
(2) Notwithstanding any other provision of this code to the contrary, the State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
(3) An individual with a criminal record who has not previously applied for held a certification under this section may petition the State Fire Marshal at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a certification.
(3) An individual with a criminal record who has not previously held a certification under this section may petition the State Fire Marshal at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a certification.
This petition shall include sufficient details about the individual’s criminal record to Eng HB 4819 enable the State Fire Marshal to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.
This petition shall include sufficient details about the individual’s criminal record to enable the State Fire Marshal to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.
(e) The State Fire Marshal shall update his or her licensure forms, other relevant public- facing documents, and website to explain the requirements of this section, including, but not limited to, the availability of the process set forth in §29-3C-4(c)(3) of this code.
Enr HB 4819 (e) The State Fire Marshal shall update his or her licensure forms, other relevant public- facing documents, and website to explain the requirements of this section, including, but not limited to, the availability of the process set forth in §29-3C-4(c)(3) of this code.
When considering whether an applicant possesses the qualifications for a license, the State Fire Marshal shall consider whether an applicant's prior criminal convictions bear a rational nexus on directly and specifically relate to the license being sought.
When considering whether an applicant possesses the qualifications for a license, the State Fire Marshal shall consider whether an applicant's prior criminal convictions directly and specifically relate to the license being sought.
(1) The State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus 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.
(1) The State Fire Marshal may not disqualify an applicant from initial licensure 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 determining whether a criminal conviction bears a rational nexus directly and specifically relates to a profession or occupation, the State Fire Marshal shall consider, at a minimum:
In determining whether a criminal conviction directly and specifically relates to a profession or occupation, the State Fire Marshal shall consider, at a minimum:
Eng HB 4819 (C) 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;
(C) 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;
(iv) Completion of, or active participation in, rehabilitative mental health, drug, or alcohol treatment;
Enr HB 4819 (iv) Completion of, or active participation in, rehabilitative mental health, drug, or alcohol treatment;
(2) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the State Fire Marshal shall permit the applicant to apply for initial licensure if:
(2) Notwithstanding any other provision of this code to the contrary, the State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
the State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction if:
Eng HB 4819 (3) An individual with a criminal record who has not previously applied for licensure held a license under this section may petition the State Fire Marshal at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.
(3) An individual with a criminal record who has not previously held a license under this section may petition the State Fire Marshal at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.
(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant’s qualifications or experience;
Enr HB 4819 (1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant’s qualifications or experience;
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Enr HB 4819 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 17
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Action History

  1. Filed for introduction

  2. To Government Organization

  3. Introduced in House

  4. To House Government Organization

  5. Markup Discussion

  6. With amendment, do pass

  7. On 1st reading, Special Calendar

  8. Read 1st time

  9. On 2nd reading, Special Calendar

  10. Read 2nd time

  11. Amendment reported by the Clerk

  12. Committee amendment adopted (Voice vote)

  13. On 3rd reading, Special Calendar

  14. Read 3rd time

  15. Passed House (Roll No. 146)

  16. Communicated to Senate

  17. Introduced in Senate

  18. To Government Organization

  19. To Government Organization

  20. Reported do pass

  21. Immediate consideration

  22. Read 1st time

  23. On 2nd reading

  24. Read 2nd time

  25. On 3rd reading

  26. Read 3rd time

  27. Passed Senate (Roll No. 493)

  28. Communicated to House

  29. Completed legislative action

  30. House received Senate message

  31. To Governor 3/25/2026

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

  33. Approved by Governor 3/27/2026

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

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

  36. Chapter 140, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 85003
Democrat 9000
Unaffiliated 2001
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Flanigan — Yea
Linville — Yea
Kump — Not Voting
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Bell Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Not Voting
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Gregory A. Watt Republican Yea
Guy Ward Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Jordan Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Not Voting
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Not Voting
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does HB 4819 do?
Relating to use of criminal records as disqualification from authorization to practice a particular profession
Who sponsors HB 4819?
HB 4819 is sponsored by Kathie Hess Crouse (Republican), Michael Hornby (Republican), Tristan Leavitt (Republican), and Kayla Young (Democrat).
What is the current status of HB 4819?
This bill has been enacted into law. Introduced January 26, 2026. Enacted.
Where can I track HB 4819?
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