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2021 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Title 332-G - General Administration of Regulatory Boards and Commissions
Section 332-G:13 - Petition for Review of a Criminal Record.
Universal Citation: NH Rev Stat § 332-G:13 (2021)
332-G:13 Petition for Review of a Criminal Record. –
I. The right of an individual to pursue an occupation is a fundamental right.
II. An individual with a criminal record may petition a board or commission at any time, including before obtaining any required education or training, for a determination of whether the individual's criminal record will disqualify the individual from obtaining state recognition.
III. The individual shall include in the petition the individual's criminal record or authorize the board or commission to obtain the individual's criminal record.
IV. The individual may include additional information about the individual's current circumstances, including the time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.
V. The board or commission is authorized to determine whether the individual's criminal record disqualifies the individual from obtaining state recognition.
VI. Notwithstanding any other statute or rule, the board or commission may find the individual's criminal record disqualifies the individual from obtaining state recognition only if:
(a) The individual's criminal record includes a conviction for a felony or violent misdemeanor; and
(b) The board or commission concludes the state has an important interest in protecting public safety that is superior to the individual's right. The board or commission may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, that:
(1) The specific offense for which the individual was convicted is substantially related to the state's interest;
(2) The individual, based on the nature of the specific offense for which the individual was convicted and the individual's current circumstances in paragraph IV, is more likely to re-offend by virtue of having the license than if the individual did not have the license; and
(3) A re-offense will cause greater harm than it would if the individual did not have the license.
VII. The board or commission shall issue its determination within 90 days after the board or commission receives the petition. The determination shall be in writing and include the criminal record, findings of fact, and conclusions of law.
VIII. If the board or commission determines the state's interest is superior to the individual's right, the board or commission may advise the individual of actions the individual may take to remedy the disqualification. The individual may submit a revised petition reflecting the completion of the remedies at any time after 90 days following the board's or commission's judgment.
IX. The individual may appeal the determination in paragraph VII as provided for in RSA 541-A.
X. The individual may submit a new petition to the board or commission at any time after 2 years following a final judgment on the initial petition.
XI. The board or commission may rescind its determination at any time if the individual is convicted of an additional offense that the board or commission determines meets the elements in paragraph VI.
XII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
XIII. The office of professional licensure and certification shall establish an annual reporting requirement of the (a) number of applicants petitioning each board or commission, (b) the numbers of each board's or commission's approvals and denials, (c) the type of offenses for which each board or commission approved or denied the petitions, and (d) other data the office determines. The office will compile and publish annually a report on a searchable public website.
I. The right of an individual to pursue an occupation is a fundamental right.
II. An individual with a criminal record may petition a board or commission at any time, including before obtaining any required education or training, for a determination of whether the individual's criminal record will disqualify the individual from obtaining state recognition.
III. The individual shall include in the petition the individual's criminal record or authorize the board or commission to obtain the individual's criminal record.
IV. The individual may include additional information about the individual's current circumstances, including the time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.
V. The board or commission is authorized to determine whether the individual's criminal record disqualifies the individual from obtaining state recognition.
VI. Notwithstanding any other statute or rule, the board or commission may find the individual's criminal record disqualifies the individual from obtaining state recognition only if:
(a) The individual's criminal record includes a conviction for a felony or violent misdemeanor; and
(b) The board or commission concludes the state has an important interest in protecting public safety that is superior to the individual's right. The board or commission may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, that:
(1) The specific offense for which the individual was convicted is substantially related to the state's interest;
(2) The individual, based on the nature of the specific offense for which the individual was convicted and the individual's current circumstances in paragraph IV, is more likely to re-offend by virtue of having the license than if the individual did not have the license; and
(3) A re-offense will cause greater harm than it would if the individual did not have the license.
VII. The board or commission shall issue its determination within 90 days after the board or commission receives the petition. The determination shall be in writing and include the criminal record, findings of fact, and conclusions of law.
VIII. If the board or commission determines the state's interest is superior to the individual's right, the board or commission may advise the individual of actions the individual may take to remedy the disqualification. The individual may submit a revised petition reflecting the completion of the remedies at any time after 90 days following the board's or commission's judgment.
IX. The individual may appeal the determination in paragraph VII as provided for in RSA 541-A.
X. The individual may submit a new petition to the board or commission at any time after 2 years following a final judgment on the initial petition.
XI. The board or commission may rescind its determination at any time if the individual is convicted of an additional offense that the board or commission determines meets the elements in paragraph VI.
XII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
XIII. The office of professional licensure and certification shall establish an annual reporting requirement of the (a) number of applicants petitioning each board or commission, (b) the numbers of each board's or commission's approvals and denials, (c) the type of offenses for which each board or commission approved or denied the petitions, and (d) other data the office determines. The office will compile and publish annually a report on a searchable public website.
Source. 2018, 367:1, eff. Aug. 31, 2018.
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