Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals
In a positive step advancing fair-chance policy for formerly incarcerated individuals, Virginia and Utah both signed policies into law in March 2025 that will help dismantle barriers faced by people with criminal records as they reenter the world of work.
The National Council of State Legislatures (“NCSL”) has determined that “occupational licensing requirements such as overarching bans, “good moral character” clauses, and high fees can be among the most difficult hurdles faced by people with criminal records seeking to enter the workforce.”
Virginia Governor Glenn Youngkin signed SB 826 into law on March 24, 2025, which prohibits occupational licensing boards from using vague and subjective criteria—such as “good moral character” or “moral turpitude”—to deny applicants the right to work. It also allows individuals to request a written predetermination about whether their criminal record will disqualify them and offers much-needed clarity and opportunity for those seeking to rebuild their lives.
The bill passed unanimously through both chambers, reflecting rare bipartisan consensus on criminal justice reform. Supporters, including the Institute for Justice, emphasized that gainful employment is a key factor in preventing recidivism and ensuring successful reentry. With nearly one in five jobs requiring a license and one in three Americans carrying a criminal record, SB 826 directly addresses the harmful impact of subjective and outdated restrictions.
On the same day as the signing of SB 826 in Virginia, Utah Governor Spencer Cox signed HB 167, reducing barriers for people with criminal records seeking occupational licenses. The new law shortens the period during which licensing boards may consider unrelated criminal history from seven to five years and bars public employers from using expunged or juvenile records to deny employment. Authored by Rep. Tyler Clancy (R-District 60), the bill passed unanimously in both chambers, marking, as in Virginia, a rare bipartisan victory for reentry reform.
Supporters, including the Institute for Justice, praised the measure as a practical step toward reducing recidivism and promoting self-sufficiency. Research consistently shows that employment significantly lowers the likelihood of reoffending, yet restrictive licensing laws often exclude qualified applicants based solely on past convictions. HB 167 aims to dismantle these subjective and counterproductive barriers.
As of May 2025, both laws have taken effect, with early reports indicating increased licensing applications from formerly incarcerated individuals, according to the Institute for Justice.
Virginia’s and Utah’s reforms align with a growing national movement to eliminate unjust collateral consequences and ensure that a criminal record does not amount to a lifelong sentence of unemployment. For example, states like Pennsylvania and Michigan have also advanced fair-chance licensing reforms in 2025, according to the Clean Slate Initiative.
Sources: Institute for Justice, National Council of State Legislatures
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