TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 94

OCCUPATIONAL LICENSING REFORM ACT

67-9411.  evaluation of criminal convictions. (1) A licensing authority shall not deny, suspend, revoke, or discipline a license, certificate, registration, permit, or other authorization to practice a profession or occupation on the basis of a person having a prior conviction of a crime, unless such conviction is currently relevant to the person’s fitness to engage in such profession or occupation as determined by the licensing authority. The licensing authority shall make its determination based on consideration of the following factors:

(a)  The nature and seriousness of the crime for which the individual was convicted;

(b)  The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation;

(c)  The passage of time since the commission of the crime;

(d)  Any evidence of rehabilitation or treatment undertaken by the individual; and

(e)  Any other relevant factor.

(2)  A licensing authority shall not deny, suspend, revoke, or discipline a license, certificate, registration, permit, or other authorization to practice a profession or occupation on the basis of vague or generic terminology related to a criminal conviction, including but not limited to "moral turpitude" or "moral character." Where such terms appear in code or rule with respect to a criminal conviction, a licensing authority shall conduct a relevancy evaluation pursuant to subsection (1) of this section.

(3)  In lieu of denying licensure to an applicant based on a prior criminal conviction, a licensing authority may, after considering the factors as set forth in subsection (1) of this section, issue conditional licensure for a period of one (1) year. Upon successful completion of the probational conditions, the licensing authority shall issue a full, unrestricted license. Any failure to successfully complete the probational conditions shall result in revocation of the conditional licensure and denial of full, unrestricted licensure.

History:

[67-9411, added 2020, ch. 175, sec. 1, p. 505; am. 2023, ch. 124, sec. 3, p. 358.]