West Virginia officials weigh convictions in certain work license reviews

The Labor Commissioner must consider how a conviction relates to the work and whether the applicant has been rehabilitated when reviewing an initial license. These rules apply to initial licenses for work overseen by the Labor Commissioner under the listed labor laws. A conviction may disqualify an applicant only if it directly and specifically relates to the work, poses a direct and substantial risk to the public, and the applicant has not been rehabilitated. The commissioner must weigh the crime, time passed, ability to do the work, and evidence of rehabilitation. After five years from conviction or release from prison, whichever is later, a conviction cannot disqualify an applicant if there was no later conviction and the offense was not violent or sexual. Violent or sexual offenses may have a longer disqualification period. The enrolled law took effect 90 days after passage, on June 10, 2026.

The State Fire Marshal must consider how a conviction relates to the work and whether the applicant has been rehabilitated when reviewing an initial license or certification. These rules cover people seeking electrician licenses, electrical inspector certification, and fire protection work licenses. A conviction may disqualify an applicant only if it directly and specifically relates to the work, poses a direct and substantial risk to the public, and the applicant has not been rehabilitated. The State Fire Marshal must weigh the crime, time passed, ability to do the work, and evidence of rehabilitation. After five years from conviction or release from prison, whichever is later, a conviction cannot disqualify an applicant if there was no later conviction and the offense was not violent or sexual. Violent or sexual offenses may have a longer disqualification period. The enrolled law took effect 90 days after passage, on June 10, 2026.

The Labor Commissioner may deny a lie detector examiner license based on a felony conviction only if it has a rational connection to examiner work. This applies to people seeking a license to give lie detector or similar examinations. The commissioner must consider the crime, time passed, its connection to the applicant's ability to do examiner work, and evidence of rehabilitation or treatment. Other stated licensing qualifications still apply. The enrolled law took effect 90 days after passage, on June 10, 2026.