2013 Maryland Code
CRIMINAL PROCEDURE
§ 1-209 - Denial of occupational license for previous conviction

§1-209.

(a) (1) In this section, “department” means:

(i) the Department of Agriculture;

(ii) the Department of the Environment;

(iii) the Department of Health and Mental Hygiene;

(iv) the Department of Human Resources;

(v) the Department of Labor, Licensing, and Regulation; or

(vi) the Department of Public Safety and Correctional Services.

(2) “Department” includes any unit of a department specified in paragraph (1) of this subsection.

(b) This section does not apply to a person who was previously convicted of a crime of violence, as defined in § 14-101 of the Criminal Law Article.

(c) It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.

(d) A department may not deny an occupational license or certificate to an applicant solely on the basis that the applicant has previously been convicted of a crime, unless the department determines that:

(1) there is a direct relationship between the applicant’s previous conviction and the specific occupational license or certificate sought; or

(2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(e) In making the determination under subsection (d) of this section, the department shall consider:

(1) the policy of the State expressed in subsection (c) of this section;

(2) the specific duties and responsibilities required of a licensee or certificate holder;

(3) whether the applicant’s previous conviction has any impact on the applicant’s fitness or ability to perform the duties and responsibilities authorized by the license or certificate;

(4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;

(5) the seriousness of the offense for which the applicant was convicted;

(6) other information provided by the applicant or on the applicant’s behalf with regard to the applicant’s rehabilitation and good conduct; and

(7) the legitimate interest of the department in protecting property and the safety and welfare of specific individuals or the general public.