Bill Description: House Bill 612 would allow a state licensing authority to consider and grant a request for expunging disciplinary actions previously imposed on someone's occupational license.
Amendment Analysis: The Senate Amendment to House Bill 612 does not change the rating, but it does weaken the bill by allowing an "expunged" record to be resurrected in "future disciplinary matters" if "the expunged disciplinary action involved the same or substantially similar conduct." This provision significantly undermines the entire concept of expungement.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
House Bill 612 would create Section 67-9413, Idaho Code, to grant the state's various licensing authorities "the authority to grant a request for the expungement of disciplinary action previously imposed on a person's licensure, whether formal, informal, corrective action, or action in lieu of discipline, as authorized by this section and in compliance with any rules adopted by a licensing authority."
A licensing authority's disciplinary actions are typically for victimless offenses such as "failure to timely renew licensure or failure to complete required continuing education." For these specific offenses, a successful request would have to meet the following conditions: "the disciplinary action at issue be at least three 3 years old; the terms of the disciplinary action have been met; and there have been no subsequent violations of any other provisions of the licensing authority's relevant practice act or rules."
For all other disciplinary actions that qualify for expungements, the action at issue must be at least 7 years old, and it must meet the other requirements listed above.
Expungement would not be an option if the disciplinary action was based on a criminal conviction.
Occupational licensing is an infringement of individual liberty, which means the rules and regulations imposed by licensing authorities are likewise infringements. While this bill only takes a small step curtailing some of the harm inflicted by these unjust regulations, it is a positive step toward reducing penalties for victimless offenses.
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