{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-4000.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-4000.1","heading":"Grounds for denial of a license or certification to","body":"practice an occupation - Request for determination on criminal\n\nhistory record – State oversight entities to list disqualifying\n\noffenses.\n\nA. As used in this section:\n\n1. “Substantially relate” means the nature of the criminal\n\nconduct for which the person was convicted has a direct bearing on\n\nthe fitness or ability to perform one or more of the duties or\n\nresponsibilities necessarily related to the occupation; and\n\n2. “Pose a reasonable threat” means the nature of the criminal\n\nconduct for which the person was convicted involved an act or threat\n\nof harm against another and has a bearing on the fitness or ability\n\nto serve the public or work with others in the occupation.\n\nB. Notwithstanding any other provision of law, a conviction,\n\nplea of guilty or nolo contendere, or pending criminal charge of a\n\ncrime may be grounds for the denial of an applicant for a state\n\nlicense or state certification to practice an occupation only if the\n\nunderlying offense substantially relates to the duties and\n\nresponsibilities of the occupation and poses a reasonable threat to\n\npublic safety, health, or welfare. When making a determination\n\npursuant to this subsection, a licensing or certification authority\n\nshall consider:\n\n1. The nature and seriousness of the offense;\n\n2. The amount of time that has passed since the offense;\n\n3. The age of the person at the time the offense was committed;\n\n4. Evidence relevant to the circumstances of the offense\n\nincluding any aggravating or mitigating circumstances of social\n\nconditions surrounding the commission of the offense;\n\n5. The nature of the specific duties and responsibilities for\n\nwhich the license or certification is required; and\n\n6. Any evidence of rehabilitation submitted by the applicant\n\nincluding, but not limited to, evidence related to the person’s\n\ncompliance with any conditions of community supervision, parole, or\n\nmandatory supervision, the conduct and work activity of the person,\n\nprogramming, or treatment undertaken by the person, and testimonials\n\nor personal reference statements.\n\nC. Notwithstanding any other provision of law, a licensing or\n\ncertification authority shall not deny a state license or state\n\ncertification to practice an occupation due to:\n\n1. An arrest that was not followed by a valid plea of guilty or\n\nnolo contendere unless charges are currently pending;\n\n2. A conviction that has been sealed, or expunged;\n\n3. A conviction or plea of guilty or nolo contendere for which\n\nmore than five (5) years have elapsed since the date of conviction,\n\nplea, or release from incarceration, whichever is later, so long as\n\nthe person has not been convicted of a new crime. This paragraph\n\nshall not apply to any conviction or plea of guilty or nolo\n\ncontendere for:\n\na. an offense enumerated in Section 571 of Title 57 of\n\nthe Oklahoma Statutes,\n\nb. a felony involving domestic assault, domestic assault\n\nand battery, or domestic abuse as defined in Section\n\n644 of Title 21 of the Oklahoma Statutes,\n\nc. an offense that would require registration as a sex\n\noffender pursuant to the Sex Offenders Registration\n\nAct, or\n\nd. any equivalent law enumerated in this paragraph from\n\nanother jurisdiction; or\n\n4. A finding that an applicant lacks good character or fails to\n\nmeet any other similarly vague standard where a criminal conviction\n\nis the basis for the finding.\n\nD. Before a state licensing or state certification authority\n\nmakes a final determination that a criminal conviction, plea of\n\nguilty or nolo contendere, or pending criminal charge may disqualify\n\nan applicant for licensure, that authority shall provide written\n\nnotice of:\n\n1. The specific offense that is the basis for the intended\n\ndenial;\n\n2. The reasons the offense was determined to substantially\n\nrelate to the duties and responsibilities of the occupation and\n\nposed a reasonable threat to public safety, health, or welfare,\ny or nolo contendere, or pending criminal charge may disqualify\n\nan applicant for licensure, that authority shall provide written\n\nnotice of:\n\n1. The specific offense that is the basis for the intended\n\ndenial;\n\n2. The reasons the offense was determined to substantially\n\nrelate to the duties and responsibilities of the occupation and\n\nposed a reasonable threat to public safety, health, or welfare,\n\nincluding findings for each of the factors in subsection B of this\n\nsection that the licensing or certification authority deemed\n\nrelevant to the determination; and\n\n3. The right to submit additional evidence relevant to each of\n\nthe factors listed in subsection B of this section within thirty\n\n(30) days, which the licensing or certification authority shall\n\nconsider before issuing a final determination.\n\nE. A final determination that a criminal conviction, plea of\n\nguilty or nolo contendere, or pending criminal charge may prevent a\n\nperson from receiving a license shall be in writing and include\n\nnotice of the right to appeal the determination pursuant to the\n\nAdministrative Procedures Act, or a more specific statutory\n\nauthority, and notice of the earliest date the applicant may reapply\n\nfor a license.\n\nF. A person with a criminal history record may request a\n\ndetermination of whether his or her criminal history record may\n\ndisqualify him or her from obtaining the desired license or\n\ncertification in the occupation from a state licensing or state\n\ncertification authority at any time, including before obtaining any\n\nrequired education or training for such occupation. The request\n\nshall be in writing and shall include either a copy of the person’s\n\ncriminal history record with explanation of each conviction\n\nmentioned in the criminal history record or a statement describing\n\neach criminal conviction including the date of each conviction, the\n\ncourt of jurisdiction and the sentence imposed. The person may\n\ninclude a statement with his or her request describing additional\n\ninformation for consideration by the licensing or certification\n\nauthority including, but not limited to, information relevant to any\n\nof the factors for consideration described in subsection B of this\n\nsection.\n\nG. Upon receipt of a written request for consideration of a\n\ncriminal history record for an occupation as provided in subsection\n\nF of this section, the licensing or certification authority shall\n\nevaluate the request and make a determination based upon the\n\ninformation provided in such request whether the stated conviction\n\nis a disqualifying offense for the occupation. A notice of the\n\ndetermination shall be issued to the petitioner within sixty (60)\n\ndays from the date such request was received by the licensing or\n\ncertification authority; except, however, a licensing or\n\ncertification authority regulating fifty thousand or more members in\n\nits occupation shall be allowed ninety (90) days to make its initial\n\ndetermination and issue notice to the requestor.\n\nH. A determination made pursuant to subsection F of this\n\nsubsection that a person may not be disqualified for licensure or\n\ncertification due to criminal history shall be binding upon a\n\nlicensing or certification authority unless, at the time a full\n\napplication for a license is submitted, the applicant has\n\nsubsequently pled guilty or nolo contendere to a crime, has pending\n\ncriminal charges, or has previously undisclosed criminal\n\nconvictions.\n\nI. The notice of a determination made pursuant to subsection F\n\nof this section shall be in writing and mailed to the requestor at\n\nthe address provided in his or her request, and shall contain the\n\nfollowing statements:\n\n1. Whether the person is eligible for licensure or\n\ncertification in the occupation at the current time based upon the\n\ninformation submitted by the requestor;\n\n2. Whether there is a disqualifying offense that would\npursuant to subsection F\n\nof this section shall be in writing and mailed to the requestor at\n\nthe address provided in his or her request, and shall contain the\n\nfollowing statements:\n\n1. Whether the person is eligible for licensure or\n\ncertification in the occupation at the current time based upon the\n\ninformation submitted by the requestor;\n\n2. Whether there is a disqualifying offense that would\n\ndisqualify the person from engaging in the occupation at the current\n\ntime and a statement identifying such offense in the criminal\n\nhistory record or information submitted for consideration;\n\n3. Any actions the person may take to remedy a\n\ndisqualification, if any;\n\n4. The earliest date the person may submit another request for\n\nconsideration, if any; and\n\n5. A statement that the determination may be rescinded if, at\n\nthe time a full application for a license is submitted, the\n\napplicant has subsequently pled guilty or nolo contendere to a\n\ncrime, has pending criminal charges, or has previously undisclosed\n\ncriminal convictions.\n\nJ. A state entity charged with oversight of an occupational\n\nlicense or certification may promulgate forms for requests for\n\ndeterminations for the occupation as authorized in subsection F of\n\nthis section. Each state licensing or certification authority may\n\ncharge a fee not to exceed Ninety-five Dollars ($95.00) for each\n\ninitial determination of eligibility it makes for the occupation\n\nbased upon the information provided by the requestor.\n\nK. Each state licensing or state certification authority shall\n\ninclude in its application for a license or certification and\n\npublish on its public website the following information:\n\n1. Whether the criminal offenses of applicants may be used as a\n\nbasis for denial;\n\n2. If criminal history may be used as a basis for denial as\n\nlisted in subsection B of this section, which offenses the licensing\n\nor certification authority shall consider; and\n\n3. Notice of the right to request a determination pursuant to\n\nsubsection F of this section.\n\nL. Each state licensing or state certification authority\n\nauthorized to consider the criminal conviction of an applicant shall\n\nannually provide to the Legislature, and publish on its public\n\nwebsite, the following:\n\n1. The number of license applications received;\n\n2. The number of applications that resulted in a license being\n\ngranted;\n\n3. The number of applications that resulted in a license being\n\ndenied;\n\n4. The number of applications that were denied due to criminal\n\nhistory;\n\n5. A list of criminal offenses reported by individuals who were\n\ngranted a license;\n\n6. A list of criminal offenses reported by individuals who were\n\ndenied a license due to criminal history along with the time elapsed\n\nsince the commission of the offense; and\n\n7. The number of petitions received by the licensing or\n\ncertification authority pursuant to subsection F of this section.\n\nM. The provisions of this section shall not be construed to\n\napply to the Council on Law Enforcement Education and Training, the\n\nBail Bonds Division of the Insurance Department, the State Board of\n\nEducation, the boards of examiners which are established in Title 20\n\nof the Oklahoma Statutes, the State Board of Medical Licensure and\n\nSupervision, or individuals applying to these authorities for\n\nlicensure or certification.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"37be2cfcdab9879b564e0d617ded34f4a68eae07091a655b2d513ce8b48e0ffc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-4000","next":"us-ok/okla.-stat.-tit.-59-59-4001"},"notice":"GroundRules: Original legal text. Not legal advice."}