Georgia finally gets licensing reform across the finish line

Georgia citizens with criminal records will see expanded opportunities to find employment and rejoin productive society thanks to a new bill signed into law by Gov. Brian Kemp on May 12.

Senate Bill (SB) 207 makes some significant reforms to the state’s occupational licensing laws and will require, among other things, that officials prove a direct relationship between a person’s criminal history and the line of work they’re pursuing before they can deny them a license.

An occupational license is a government-issued state credential that many workers must obtain before they can legally work in fields ranging from cosmetology to contracting.  In Georgia, more than one in five jobs requires an occupational license, including one in four of the state’s high-demand jobs. Georgia already has a shortage of workers in licensed fields like healthcare and childcare, with 65,000 licensed positions sitting unfilled today and projections showing that number could triple as the current workforce retires.

At the same time, these jobs are going unfilled, and some Georgia citizens are getting rejected from opportunities to get these occupational licenses due to criminal backgrounds that do not necessarily correlate with any actual risks of misconduct on the job.

There are, of course, some cases where there is a legitimate public safety interest that justifies denying licensure to individuals. A conviction for elder abuse should disqualify an individual from working in a nursing home or caretaking role, and someone with a fraud conviction should not be managing other people’s money.

But beyond those direct connections, individuals who find stable, gainful employment are less likely to reoffend. Research finds that employment stability reduces recidivism regardless of prior work history or criminal background.

Georgia has been working for years to reduce these barriers. In 2021, Georgia passed Senate Bill 114, which barred licensing boards from denying licensure to applicants under community supervision. But boards still retained broad discretion to deny licenses under vague “moral turpitude” standards with no requirement to show the conviction was related to the occupation sought.

Additionally, Georgia law did not allow prospective applicants to determine in advance whether their convictions would disqualify them before investing in the training, education, and fees required for licensure. After several failed attempts at reform in recent years, the passage of SB 207 finally gives qualified Georgians with a criminal record a pathway to licensed careers.

SB 207 removes “moral turpitude” as a basis for denial and requires the board to demonstrate a “direct relationship” between a conviction and the license sought. A conviction is disqualifying only if it directly relates to the duties of the occupation. Boards must make that distinction explicitly and document it. The new law also:

• Creates a predetermination petition process allowing individuals to seek an early eligibility ruling, even while still incarcerated or before completing education and training requirements or paying application fees.
• Entitles applicants to a hearing if the board denies a license. The board must issue written findings signed and retained for at least five years, in addition to explaining the denial and noting the applicant’s right to appeal.
• Requires licensing boards to weigh evidence of rehabilitation based on sentence completion, treatment, education, employment history, and family/community responsibilities.
• Prohibits boards from considering sealed, pardoned, or annulled convictions, deferred adjudications, discharged first offender treatment, or misdemeanor convictions more than five years old in most circumstances. 

Reason Foundation contributed research and policy analysis throughout the legislative process. State Sen. Brian Strickland (R-42nd District) celebrated SB 207’s passage in a Facebook video,  noting, “This has been a several-year effort to make certain that we have a clear process for those with criminal records in our state, they know exactly what to expect when it comes to getting occupational licenses, and help people get out of the system and get a job and support their families. This is a great bill for all of Georgia and all Georgia citizens.”

For the 4.5 million Georgians carrying a criminal record, SB 207 is a positive step forward for successful reentry and reduced recidivism in Georgia.

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