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To: Business and Commerce;
Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Mickens
HOUSE BILL NO. 319
AN ACT TO REVISE THE FRESH START ACT OF 2019; TO AMEND 1
SECTION 73-77-7, MISSISSIPPI CODE OF 1972, TO PROHIBIT A LICENSING 2
AUTHORITY FROM REQUIRING AN INDIVIDUAL TO DISCLOSE AN ARREST THAT 3
WAS NOT FOLLOWED BY A CONVICTION, A NONVIOLENT MISDEMEANOR, A 4
CONVICTION THAT WAS SEALED, ANNULLED, DISMISSED, EXPUNGED, 5
PARDONED, OVERTURNED OR VACATED, OR A CONVICTION THAT OCCURRED 6
MORE THAN THREE YEARS AGO; TO AMEND SECTION 73-77-9, MISSISSIPPI 7
CODE OF 1972, TO PROVIDE THAT AN INDIVIDUAL MAY OFFER EVIDENCE OF 8
REHABILITATION TO A LICENSING AUTHORITY WHEN THAT INDIVIDUAL 9
PETITIONS THE LICENSING AUTHORITY REGARDING WHETHER HIS OR HER 10
CRIMINAL RECORD WILL DISQUALIFY THE INDIVIDUAL FROM OBTAINING A 11
LICENSE; TO REQUIRE THE LICENSING AUTHORITY TO MAKE THE 12
APPLICATION FOR THE PETITION AND INFORMATION ABOUT THE PROCESS 13
AVAILABLE ONLINE; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 73-77-7, Mississippi Code of 1972, is 16
amended as follows: 17
73-77-7. (1) Absent applicable state law, licensing 18
authorities shall not have in any rulemaking for their 19
qualifications for licensure vague or generic terms including, but 20
not limited to, "moral turpitude," "any felony," and "good 21
character." Absent applicable state law, licensing authorities 22
may only consider criminal records that are specific and directly 23
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related to the duties and responsibilities for the licensed 24
occupation when evaluating applicants. 25
(2) Absent applicable state law, licensing authorities shall 26
not require an individual to disclose: 27
(a) An arrest not followed by a conviction; 28
(b) A conviction that has been sealed, annulled, 29
dismissed, expunged, pardoned, overturned or vacated; 30
(c) A nonviolent misdemeanor; or 31
(d) A conviction older than three (3) years for which 32
the individual was not incarcerated; or a conviction for which the 33
individual's incarceration ended more than three (3) years before 34
the date of the licensing authorities' consideration, except for a 35
conviction of a felony related to a criminal sexual act, criminal 36
fraud or embezzlement, aggravated assault, aggravated robbery, 37
aggravated abuse, neglect or endangerment of a child, arson, 38
carjacking, kidnapping, or manslaughter, homicide or murder. 39
( * * *3) The licensing authority shall use the clear and 40
convincing standard of proof in examining the factors to determine 41
whether an applicant with a disqualifying criminal conviction will 42
be denied a license. Absent applicable state law, the licensing 43
authority shall make its determination based on the following 44
factors: 45
(a) The nature and seriousness of the crime for which 46
the individual was convicted; 47
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(b) The passage of time since the commission of the 48
crime; 49
(c) The relationship of the crime to the ability, 50
capacity, and fitness required to perform the duties and discharge 51
the responsibilities of the occupation; and 52
(d) Any evidence of rehabilitation or treatment 53
undertaken by the individual that might mitigate against a direct 54
relation. 55
( * * *4) All licensing authorities shall meet the 56
requirements listed in subsection (1) by one hundred twenty (120) 57
days after July 1, 2019. 58
( * * *5) For licensing authorities, the requirements listed 59
in subsections (1) * * *, (2) and (3) also apply to any new 60
occupational licenses created after July 1, 2019. 61
( * * *6) The licensing authority shall adopt necessary 62
rules for the implementation of this section. 63
( * * *7) The provisions of this section shall not apply to 64
the admission or reinstatement of any person to The Mississippi 65
Bar as an attorney in good standing authorized to practice law. 66
SECTION 2. Section 73-77-9, Mississippi Code of 1972, is 67
amended as follows: 68
73-77-9. (1) Absent applicable state law, an individual 69
with a criminal record may petition a licensing authority at any 70
time for a determination of whether the individual's criminal 71
record will disqualify the individual from obtaining a license. 72
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This petition shall include details on the individual's criminal 73
record. The individual may also offer evidence of rehabilitation 74
to the licensing authority. The licensing authority shall inform 75
the individual of his standing within thirty (30) days of 76
receiving the petition from the applicant. The licensing 77
authority may charge a fee to recoup its costs not to exceed 78
Twenty-five Dollars ($25.00) for each petition. The licensing 79
authority shall make the application for the petition and 80
information about the process available online. 81
(2) If a licensing authority denies an individual a license 82
solely or in part because of the individual's prior conviction of 83
a crime, the licensing authority shall notify the individual in 84
writing of the following: 85
(a) The grounds and reasons for the denial or 86
disqualification; 87
(b) That the individual has the right to a hearing to 88
challenge the licensing authority's decision; 89
(c) The earliest date the person may reapply for a 90
license; and 91
(d) That evidence of rehabilitation may be considered 92
upon reapplication. 93
(3) If an applicant's criminal history does not require a 94
denial of a license under applicable state law, any written 95
determination by the licensing authority that an applicant's 96
criminal conviction is directly related to the duties and 97
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ST: Fresh Start Act of 2019; revise to prohibit
licensing authorities from requiring certain
information.
responsibilities for the licensed occupation must be documented in 98
written findings for each of the preceding factors under 99
subsection (2) by clear and convincing evidence sufficient for a 100
reviewing court. 101
(4) In any administrative hearing or civil litigation 102
authorized under this section, the licensing authority shall carry 103
the burden of proof on the question of whether the applicant's 104
criminal conviction directly relates to the occupation for which 105
the license is sought. 106
(5) The licensing authority shall adopt necessary rules for 107
the implementation of this section. 108
(6) The provisions of this section shall not apply to the 109
admission or reinstatement of any person to The Mississippi Bar as 110
an attorney in good standing authorized to practice law. 111
SECTION 3. This act shall take effect and be in force from 112
and after July 1, 2026. 113