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H 3193

Trump Criminal Background Records Check Ban Act

2025-2026 Regular Session Introduced by Hamilton Grant and 1 co-sponsor

Ban-the-box style act delays criminal-history checks until after interview or conditional offer; narrows disqualifications to crimes directly related to the job and requires rehab evidence.

Referred to Committee on Judiciary
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Bill Summary · H 3193

Summary — H 3193: "Trump Criminal Background Records Check Ban Act"

Note: The version materials provided appear to include text from two different measures (a Massachusetts bill to establish a Martha’s Vineyard housing bank and a separate “Trump Criminal Background Records Check Ban Act” drafted for South Carolina). This summary focuses on the criminal-background–check provisions contained in the “Trump Criminal Background Records Check Ban Act” text included in the packet. Verify the official bill text with the sponsoring legislature/committee for final language.

Purpose / Intent

The bill establishes a state policy to promote rehabilitation and re‑entry by limiting how and when employers and licensing authorities can use criminal records in hiring and licensing decisions. Its stated goal is to reduce barriers to employment and licensure for people with criminal convictions except where the conviction is directly related to the job or license sought.

Key provisions

  • Policy statement: Declares the state will encourage offender rehabilitation and recognizes employment/licensure as essential to reintegration.
  • Definitions: Defines terms including “conviction of crime or crimes” (felonies, gross misdemeanors, misdemeanors punishable by jail), “hiring or licensing authority,” “license,” “occupation,” and “public employment.”
  • Ban on early inquiries: Employers (public and private) may not ask about or consider an applicant’s criminal record until the applicant has been selected for an interview (or, if no interview, until a conditional offer is made).
    • Exceptions: Does not apply to Department of Corrections positions, financial institutions, or employers who are statutorily required to perform criminal-history checks.
    • Employers may inform applicants in advance if particular convictions will disqualify for specific positions.
  • Restriction on disqualification: No person may be disqualified from public employment or from pursuing a licensed occupation solely or in part because of a prior conviction unless the crime directly relates to the job or license.
    • Decision factors: Authorities must consider crime seriousness, relation of the crime to the purposes of regulation, and relationship to the ability/fitness to perform duties.
  • Rehabilitation evidence: Applicants convicted of directly related crimes can avoid disqualification by showing credible evidence of rehabilitation and present fitness — examples include DD‑214 showing honorable military service post‑conviction, release orders, proof of at least one year without re‑offense after release plus compliance with parole/probation, or completion of supervision.
    • Authorities must also consider mitigating circumstances, age at offense, time elapsed since conviction, references, and other evidence of rehabilitation.
  • Record-use limits: The State (and subdivisions) may not use or disseminate:
    • Arrest records not resulting in conviction;
    • Convictions that were annulled or expunged;
    • Misdemeanors that do not carry a jail sentence.
  • Notification requirement: If a hiring/licensing authority denies or disqualifies an applicant (solely or in part because of a conviction), the authority must provide written notice (full appeal/process language in the provided text was truncated).

Who is affected

  • Job applicants for public and private employment in the state (subject to stated exceptions)
  • Individuals seeking state or local occupational licenses
  • State and local hiring and licensing authorities and employers
  • Excluded categories: applicants to certain high‑security or statutorily regulated roles (DOC, financial institutions, or other roles with mandated checks)

Procedural status and timeline (from provided record)

  • Prefiled: 12/05/2024 (in packet)
  • Introduced / first read: 01/14/2025
  • Referred to Committee on Judiciary: 01/14/2025 (and earlier referral noted 12/05/2024)
  • Referred to Committee on Revenue: 02/27/2025 (records show multiple referrals/entries)
  • Senate concurred: 02/27/2025 (per provided actions)
  • Hearing scheduled: 09/09/2025, 10:00 AM–1:00 PM, Gardner Auditorium (Records show some procedural entries that may reflect different drafts/duplicate filings; confirm current committee assignment and hearing status with the legislative clerk.)

Potential impacts / considerations

  • Would expand “ban-the-box” style protections by delaying employer access to criminal records and by narrowing permissible disqualifications.
  • Likely to increase administrative review by hiring/licensing authorities (must weigh relation of offense and evidence of rehabilitation).
  • Could conflict with existing statutory requirements for some regulated professions — the bill carves out statutory-exception employers but could require statutory changes elsewhere.
  • Implementation details (appeal process, enforcement, penalties) are not fully visible in the truncated text and should be reviewed in the complete bill.

For authoritative details and final language, consult the official bill text as filed with the legislature and committee reports.

Compiled from official sources — confirm details with the bill’s official record.

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