Utah § 34-52-201 - Public employer requirements. (Effective 1/1/2027)
Full text of Utah Utah Code § 34-52-201 — Public employer requirements. (Effective 1/1/2027), with citation guidance and answers to common questions.
§ 34-52-201. Public employer requirements. (Effective 1/1/2027)
Effective 1/1/2027 34-52-201.
Public employer requirements.
(1)
Except as provided in Subsections (3) and (6), a public employer may not:
(a)
exclude an applicant from an initial interview because of:
(i)
a past criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or a juvenile adjudication; or
(ii)
if the applicant is a mental health professional applicant, an arrest for an offense that occurred before the applicant was 18 years old;
(b)
make an inquiry related to an applicant's expunged criminal or juvenile delinquency history;
(c)
when making a hiring decision regarding a mental health professional applicant, consider:
(i)
an arrest for an offense that occurred before the mental health professional applicant was 18 years old;
(ii)
an arrest not followed by a criminal conviction or juvenile adjudication;
(iii)
a juvenile adjudication; or
(iv)
a past criminal conviction if:
(A)
the sentence for the criminal conviction is terminated; and
(B)
the mental health professional applicant was not incarcerated for the past criminal conviction or the mental health professional applicant's incarceration for the past criminal conviction ended at least three years before the day on which the mental health professional applicant applied for employment; or
(d)
deny a mental health professional applicant employment based on a past criminal conviction that does not bear a direct relationship to the mental health professional applicant's ability to safely or competently perform the duties of employment.
(2)
A public employer excludes an applicant from an initial interview under Subsection (1) if the public employer:
(a)
requires an applicant to disclose a criminal conviction or juvenile adjudication:
(i)
on an employment application;
(ii)
before an initial interview; or
(iii)
if no interview is conducted, before making a conditional offer of employment; or
(b)
requires an applicant who is a mental health professional applicant to disclose an arrest for an offense that occurred before the applicant was 18 years old:
(i)
on an employment application;
(ii)
before an initial interview; or
(iii)
if no interview is conducted, before making a conditional offer of employment.
(3)
A public employer may not deny a mental health professional applicant employment that requires the mental health professional applicant to provide substance use treatment based on:
(a)
the mental health professional applicant's participation in substance use treatment; or
(b)
a past criminal conviction for a nonviolent drug offense if:
(i)
the sentence for the criminal conviction is terminated; and
(ii)
(A)
the mental health professional applicant was not incarcerated for the past criminal conviction; or
(B)
the mental health professional applicant's incarceration for the past criminal conviction ended at least three years before the day on which the mental health professional applicant applied for employment.
(4)
An applicant seeking employment from a public employer may answer a question related to an expunged criminal or juvenile delinquency record as though the action underlying the expunged criminal or juvenile delinquency record never occurred.
(5)
Except as provided in Subsections (1) through (3), this section does not prevent a public employer from:
(a)
asking an applicant for information about an applicant's criminal conviction or juvenile delinquency history during an initial interview or after an initial interview; or
(b)
considering an applicant's criminal conviction or juvenile delinquency history when making a hiring decision.
if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or juvenile delinquency history;
(ii)
to a public employer that is a law enforcement agency;
(iii)
to a public employer that is part of the criminal or juvenile justice system;
(iv)
to a public employer seeking a nonemployee volunteer;
(v)
to a public employer that works with children or vulnerable adults;
(vi)
to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
(vii)
to the State Tax Commission;
(viii)
to a public employer whose primary purpose is performing financial or fiduciary functions; or
(ix)
to a public transit district hiring or promoting an individual for a safety sensitive position described in Section 17B-2a-825.
(b)
Subsections (1)(c)(iv) and (1)(d) do not apply to a criminal conviction for:
(i)
a violent felony as defined in Section 76-3-203.5; or
Section 34-52-201 ("Public employer requirements. (Effective 1/1/2027)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 34-52-201?
A common citation format is "Utah Code § 34-52-201" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 34-52-201 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
