Indiana § 36-1-26-4 - Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history

§ 36-1-26-4. Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history

Sec. 4. (a) Not later than November 1, 2018, a unit shall revise its licensing requirements to the extent necessary to explicitly list the crimes that will disqualify an individual from receiving a license required by the unit. The unit may not:

(1) use nonspecific terms, such as moral turpitude or good character, as a licensing requirement; or

(2) consider an arrest that does not result in a conviction.

(b) A unit's use of an individual's conviction of a crime as a disqualifying criminal conviction is limited to a crime that is specifically and directly related to the duties and responsibilities of the occupation or profession for which the individual is applying for or holds a license.

(c) If an applicant has a disqualifying criminal history, the unit shall consider the following in determining whether to deny a license to the applicant, based on a clear and convincing showing:

(1) The nature and seriousness of the crime for which the individual was convicted.

(2) The passage of time since the commission of the crime.

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

(4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.

(d) If an individual has a disqualifying criminal conviction, the period of disqualification may not exceed five (5) years after the date of the conviction or release from incarceration, whichever is later, unless the individual:

(1) was convicted of a crime of violence (as defined by IC 35-31.5-2-79);

(2) was convicted of an offense relating to a criminal sexual act (as defined by IC 35-31.5-2-216); or

(3) is convicted of a second or subsequent crime during the disqualification period.

As added by P.L.182-2018, SEC.6. Amended by P.L.85-2026, SEC.28.