Current through Register Vol. XLI, No. 50, December 13, 2024
Section 25-1-4 - Consideration of Prior Criminal Convictions in Initial Licensure Determination4.1. The board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of social work. In determining whether a criminal conviction bears a rational nexus to a social work, the board shall consider at a minimum: 4.1.1. The nature and seriousness of the crime for which the individual was convicted;4.1.2. The passage of time since the commission of the crime;4.1.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a licensed social work; and4.1.4. Any evidence of rehabilitation or treatment undertaken by the individual.4.2. Notwithstanding any other provision of the W. Va. Code to the contrary, if an applicant has been denied licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if:4.2.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;4.2.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and4.2.3. The conviction was not for an offense of a violent or sexual nature: Provided, that a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board on a case-by-case basis.4.3. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license.4.3.1. The petition shall be submitted on an application form prescribed by the board and shall include sufficient details about the individual's criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, the date of the release from incarceration if applicable, and the specific nature of the conviction. Where the records are sealed, the applicant shall sign a waiver authorizing the board to access the criminal records of the applicant in order for the board to make the eligibility determination.4.3.2. The applicant may submit with the petition for licensure eligibility evidence of rehabilitation, letters of reference, and any other information the applicant considers relevant to show fitness and the ability to practice social work.4.3.3. The board shall provide the determination within 60 days of receiving the petition and the applicable fee from the applicant.