HB 872: Expand the Fresh Start Act

House Bill 872, sponsored by Rep. Tracey Rosebud, expands the provisions of the Fresh Start Act to make it applicable to more Mississippi licensure types. The purpose of this bill is to make it easier for someone with a criminal record to be approved for a professional license when the past crime doesn’t directly relate to the license for which the person is applying.  

In 2019, Mississippi passed the Fresh Start Act to prevent the use of an individual’s criminal conviction history to deny approval of occupational licenses to those seeking employment in certain fields. However, the law currently only applies to certain occupations.  

This change would expand the provisions of the Fresh Start Act to nearly all occupational license types in Mississippi.  

HB 872 seeks to prevent licensing authorities from the use of suggestive and vague terminology (such as “good character” or “moral turpitude”) during the qualification process that would be detrimental to the applicant. The Fresh Start Act requires that the specific criminal history of an applicant only be considered if the conviction is directly related to the field in which the license is being sought. 

In its form, if you have a prior record that is not related to the job you are seeking, that alone cannot prevent you from receiving a license. The Fresh Start Act also allows applicants to receive a determination from a licensing board on whether their criminal record disqualifies them from receiving a license. 

With one of the lowest labor force participation rates in the country and over 100,000 Mississippians with some sort of criminal history that appears on a background check, Mississippi still ranks as the 19th most broadly and onerously licensed state in the country, according to the Institute for Justice.  

Over 60 of these occupations are low-to-mid income professions, many of which are prime jobs for individuals re-entering the workforce after a period of incarceration. A study conducted at Arizona State University found that restrictive licensing practices increase recidivism rates by making it more difficult to gain employment. 

By expanding the Fresh Start Act, we would provide a path to employment for those with prior records, while helping the state fill the workforce shortage gap. 

Empower Mississippi supports this legislation. 

HB 872 has been referred to the House Judiciary B Committee. You can read the bill here.