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§ 1-209. Employment of nonviolent ex-offenders

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2019

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 2. General Provisions (Refs & Annos)
Effective: October 1, 2019
MD Code, Criminal Procedure, § 1-209
§ 1-209. Employment of nonviolent ex-offenders
Currentness
Department defined
(a)(1) In this section, “department” means:
(i) the Department of Agriculture;
(ii) the Department of the Environment;
(iii) the Maryland Department of Health;
(iv) the Department of Human Services;
(v) the Maryland Department of Labor; 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.
Persons previously convicted of a crime of violence
(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.
Policy of State
(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.
Occupational licenses or certificates
(d) Except as provided in subsection (f) of this section, 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.
Factors for determination
(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.
Time since completion of sentence, affect on occupational license or certification
(f)(1) This subsection does not apply to a conviction of a crime for which registration on the sex offender registry is required under Title 11, Subtitle 7 of this article.
(2) If a period of 7 years or more has passed since an applicant completed serving the sentence for a crime, including all imprisonment, mandatory supervision, probation, and parole, and the applicant has not been charged with another crime other than a minor traffic violation, as defined in § 10-101 of this article, during that time, a department may not deny an occupational license or certificate to the applicant solely on the basis that the applicant was previously convicted of the crime.

Credits

Added by Acts 2009, c. 686, § 1, eff. Oct. 1, 2009. Amended by Acts 2017, c. 62, § 6; Acts 2019, c. 8, § 5; Acts 2019, c. 568, § 1, eff. Oct. 1, 2019.
MD Code, Criminal Procedure, § 1-209, MD CRIM PROC § 1-209
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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