SNAP Second Chance Act of 2023

“(5) Business integrity and reputation

“(A) Treatment of criminal violations

“(i) No retail food store or wholesale food concern may be denied authorization to redeem supplemental nutrition assistance program benefits solely based on a criminal conviction.

“(ii) For the purpose of approving an application for authorization to redeem supplemental nutrition assistance program benefits, the Secretary may only consider a criminal offense that occurs in the 5-year period ending on the date of such application.

“(iii) An applicant that is convicted of a criminal offense shall not be denied authorization to redeem supplemental nutrition assistance program benefits on the basis of business integrity and reputation of the if the applicant shows sufficient mitigation or rehabilitation as determined under subparagraph (B).

“(B) Sufficient mitigation or rehabilitation—An applicant with a criminal conviction shall not be denied authorization to redeem supplemental nutrition assistance program benefits on the basis business integrity and reputation factors if the applicant establishes sufficient mitigation or rehabilitation by providing any of the following:

“(i) Evidence that a period of 5 years elapsed beginning on the date of a felony conviction, the release from any correctional institution for financial fraud or deception under Federal, State, or Tribal law, and compliance with all applicable terms and conditions of probation or parole.

“(ii) Evidence that a period of 3 years elapsed beginning on the date of a felony conviction, the release from any correctional institution without subsequent conviction of a crime, and compliance with all terms and conditions of probation or parole.

“(iii) Any other evidence of mitigation or rehabilitation and of present fitness provided, including—

“(I) circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense;

“(II) age of the person at the time the offense was committed;

“(III) the length of time since the offense was committed; and

“(IV) whether elements of the offense are directly related to the responsibilities and requirements for the redemption of the supplemental nutrition assistance program benefits.”