Guide · 7 min read

Licensing Guide

Criminal Records and Professional Licensing

Approximately 1 in 3 American adults has a criminal record. For many of them, obtaining a professional license is a critical pathway to employment. State policies on whether criminal records block licensing vary enormously, what disqualifies you in one state may be irrelevant in another.

Key Takeaway

The trend is toward reform. Over 30 states have passed "fair chance licensing" laws that limit when criminal records can block licensure. But the implementation varies: some laws have teeth (requiring boards to show the offense is directly relevant), while others simply add a step to the process without meaningfully changing outcomes.

The Scope of the Problem

An estimated 70 million Americans have a criminal record of some kind, from minor misdemeanors to serious felonies. For many, occupational licensing requirements create a second punishment: even after serving their sentence, they face barriers to working in a licensed profession. This affects not only the individuals but the broader labor market, licensed occupations make up roughly 25% of the U.S. workforce.

The impact is not evenly distributed. Lower-income occupations, which are more likely to require licensing, are also more likely to be the occupations sought by people rebuilding their lives after incarceration. Barbers, cosmetologists, HVAC technicians, and security guards all require licenses in many states, and all are common re-entry career paths.

How Background Checks Work in Licensing

What it tells you: States typically require one of three levels of background screening: (1) a self-disclosure question on the application ("Have you been convicted of a felony?"), (2) a name-based criminal records check through state databases, or (3) a fingerprint-based FBI check that searches national databases. Healthcare and childcare professions almost universally require the most thorough (fingerprint-based) check.

What it doesn't tell you: The background check itself is only the first step. What matters more is how the board evaluates the results. In states with broad discretion, a board can deny a license for any conviction, even decades-old, even unrelated to the profession. In reformed states, the board must show the conviction is "directly related" to the profession and consider rehabilitation evidence.

How to use it: Check your profession on PlainCredential to see which states require background checks. Then look at the specific state pages for information on how the board evaluates criminal history. Our state pages show the overall regulatory approach by state.

Fair Chance Licensing Reform

What it tells you: Over 30 states have now passed some form of fair chance licensing legislation. These laws generally: (1) prohibit blanket disqualifications based on any criminal record, (2) require boards to consider only offenses "directly related" to the profession, (3) require consideration of the time elapsed since the offense and evidence of rehabilitation, and (4) allow applicants to get a preliminary determination before investing in education and training.

What it doesn't tell you: The quality and enforcement of these laws varies dramatically. Some states have strong statutes with clear standards and appeal processes. Others have vague language that allows boards to continue denying licenses with broad discretion. Statutory reform does not always translate to changed board behavior.

What This Means for You: A Practical Framework

Step 1, Check your profession's requirements. Look up your profession on PlainCredential and review the background check requirements for each state you are considering.

Step 2, Request a preliminary determination. Many states now allow you to request a pre-application review of your criminal history before investing time and money in education requirements. This tells you upfront whether your record is likely to be a barrier.

Step 3, Gather rehabilitation evidence. If your state's board considers rehabilitation, prepare documentation: completion of probation or parole, employment history, community involvement, letters of recommendation, and relevant training or certifications.

Step 4, Consider state selection strategically. If you plan to relocate and have a criminal record, compare state licensing approaches using PlainCredential's comparison tool. States with recent fair chance reforms and "direct relationship" standards may offer a more realistic path to licensure. Once licensed in one state, reciprocity agreements may facilitate transfer to other states.

Frequently Asked Questions

Can you get a professional license with a criminal record?

In most states and professions, yes. Many states have passed fair chance licensing laws that limit when criminal records can block licensure. However, certain professions with public safety implications may have specific statutory disqualifications.

Which states have the most restrictive background requirements?

States vary widely. Some allow broad discretion to deny based on any conviction; others (Arizona, Colorado, Illinois, Mississippi) limit review to offenses directly related to the profession. PlainCredential tracks requirements by state and profession.

Do all licensed professions require a background check?

No. Professions involving vulnerable populations typically require fingerprint-based checks. Others may only require self-disclosure on the application. Check your specific profession on PlainCredential.

Sources: Institute for Justice, License to Work (3rd Ed.); NCSL, Occupational Licensing Database.

Last updated: April 2026

Every figure on PlainCredential is rendered directly from NCSL and state occupational- licensing board data, no number is typed in by an editor. This page draws directly on NCSL and state licensing board data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error.

Where to dig deeper

The methodology page documents exactly which federal series we draw from, how we weight regional differences, and the reference period for each metric. The research section publishes original analyses derived from the same underlying database, useful when you want to see year-over-year shifts or peer-jurisdiction comparisons that the per-page detail views don't surface.

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Frequently asked questions

Where does this data come from?

All figures on this page derive from official federal data, primarily the National Conference of State Legislatures (NCSL), the Institute for Justice, and individual state occupational-licensing boards. We cite the underlying agency and series in the methodology section. No proprietary aggregators are used.

How often are figures updated?

Each series follows its own publication cadence. We refresh our database within 30 days of each upstream release. Specific update timestamps appear in the page footer where available; the methodology page documents the cadence per data series.

Can I use this data for my own analysis?

Yes. The underlying federal data is public domain. Our presentation, calculations, and editorial commentary are licensed for individual reference. For commercial republication or large-scale data extraction, contact us at the email listed on the contact page.

What if the figures here disagree with another source?

Different sources use different methodologies, definitions, geographic boundaries, and reference periods, disagreement is normal and informative. Our methodology page documents exactly which series and reference period we use for each metric, so you can reproduce or audit the figures against the upstream agency directly.