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New Hampshire Eases Licensing Restrictions

By Michael Klazema on 7/18/2014

With the passage of House Bill 1368, obtaining a license to engage in a profession or occupation in New Hampshire may be easier for some with prior criminal convictions beginning January 1, 2015. The bill amends the New Hampshire statutes by inserting a new section, RSA § 332-G:10.

The new law eases the collateral consequences of prior convictions for those applying for a license. That is, it limits additional restrictions, over and above the direct consequences of a conviction such as incarceration, fines, and probation. Section 332-G:10 prohibits regulatory boards and commissions from denying a license to any person solely because of a prior conviction. It applies to licenses, certificates, and registrations granted for any occupation, trade, vocation, profession, or business. It also prohibits the suspension, renewal, or revocation of a license, certificate or registration based solely on a prior conviction.

However, denial, suspension, and revocation of a license, certificate, or registration, because of a prior conviction, will be permitted after consideration of the nature of the crime, and whether there is a substantial and direct relationship to the occupation, trade, vocation, or profession. The licensing authority may consider information about the rehabilitation of the convicted person, and the amount of time that has passed since the conviction or release.

House Bill 1368 is available here: http://www.gencourt.state.nh.us/legislation/2014/HB1368.pdf.

 


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