New Hampshire Revised Statutes 332-G:10 – Criminal Conviction
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I. No board or commission shall disqualify a person from practicing, pursuing, or engaging in any occupation, trade, vocation, profession, or business for which state recognition is required under this title, nor suspend or revoke such state recognition because of a prior conviction of a crime in and of itself. A board or commission may only deny a state recognition, or may suspend or revoke such state recognition, because of a prior conviction after:
(a) Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and
(b) Determining by clear and convincing evidence that:
(1) The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and
(2) Disqualifying the individual or suspending or revoking the state recognition based upon that conviction serves the purpose of protecting public safety.
II. An individual with a prior criminal conviction 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 conviction will disqualify the individual from obtaining state recognition. 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; and may include additional information about the individual’s current circumstances.
III. The board or commission considering a petition shall follow the same standard and process set forth in paragraph I, and 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.
IV. If the board or commission determines the conviction has a substantial and direct relationship to the occupation, trade, vocation, or profession for which the person has applied for or obtained state recognition and disqualifies the individual from obtaining state recognition, 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.
V. The individual may appeal the determination in paragraph III as provided for in RSA 541.
VI. 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.
VII. 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 I.
VIII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
IX. The office of professional licensure and certification shall establish an annual reporting requirement of the number of applicants petitioning each board or commission, the numbers of each board or commission’s approvals and denials for petition, the type of offenses for which each board or commission approved or denied the petitions, and other data the office determines. The office will compile and publish annually a report on a searchable public website.
(a) Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and
Terms Used In New Hampshire Revised Statutes 332-G:10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- board or commission: means any regulatory board or commission established under this title, and the mechanical licensing board established in N. See New Hampshire Revised Statutes 332-G:1
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- state recognition: means an occupational, trade, vocational, professional, or business license, permit, certificate, or registration. See New Hampshire Revised Statutes 332-G:1
(b) Determining by clear and convincing evidence that:
(1) The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and
(2) Disqualifying the individual or suspending or revoking the state recognition based upon that conviction serves the purpose of protecting public safety.
II. An individual with a prior criminal conviction 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 conviction will disqualify the individual from obtaining state recognition. 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; and may include additional information about the individual’s current circumstances.
III. The board or commission considering a petition shall follow the same standard and process set forth in paragraph I, and 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.
IV. If the board or commission determines the conviction has a substantial and direct relationship to the occupation, trade, vocation, or profession for which the person has applied for or obtained state recognition and disqualifies the individual from obtaining state recognition, 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.
V. The individual may appeal the determination in paragraph III as provided for in RSA 541.
VI. 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.
VII. 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 I.
VIII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
IX. The office of professional licensure and certification shall establish an annual reporting requirement of the number of applicants petitioning each board or commission, the numbers of each board or commission’s approvals and denials for petition, the type of offenses for which each board or commission approved or denied the petitions, and other data the office determines. The office will compile and publish annually a report on a searchable public website.