2018 Indiana Code
TITLE 25. Professions and Occupations
ARTICLE 1. GENERAL PROVISIONS
CHAPTER 1.1. Effect of Criminal Convictions on Licensed or Registered Persons
25-1-1.1-6. Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history; petition to determine whether criminal conviction disqualifying
Sec. 6. (a) This section applies to a license or certificate under this title that is in effect on July 1, 2018, or created on or established after that date.
(b) As used in this section, "crime" has the meaning set forth in IC 33-23-1-4.
(c) As used in this section, "criminal history information" has the meaning set forth in IC 5-2-4-1.
(d) Not later than November 1, 2018, a board, commission, or committee shall revise its licensing or certification requirements to the extent necessary to explicitly list the crimes that will disqualify an individual from receiving a license or certificate under this title. The board, commission, or committee may not:
(1) use nonspecific terms, such as moral turpitude or good character, as a licensing or certification requirement; or
(2) consider an arrest that does not result in a conviction.
(e) A board's, commission's, or committee'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 or certification.
(f) If an applicant has a disqualifying criminal history, the board, commission, or committee 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.
(g) If an individual has a disqualifying criminal conviction, the period of disqualification may not exceed five (5) years after the date of the conviction, unless the individual:
(1) was convicted of a crime of violence (as defined by IC 35-50-1-2(a));
(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.
(h) An individual having a misdemeanor or felony criminal conviction may at any time petition a board, commission, or committee requiring a license or certificate for a determination as to whether the individual's misdemeanor or felony criminal conviction will disqualify the individual from receiving the license or certification. An individual filing a petition under this subsection must submit:
(1) the individual's criminal history information or an authorization for the board, commission, or committee to obtain the individual's criminal history information; and
(2) any additional information requested by the board, commission, or committee to assist the board, commission, or committee in its review of the individual's petition.
(i) If a board, commission, or committee denies an individual a license solely or in part because of the applicant's criminal history, the board, commission, or committee shall notify the individual in writing of the following:
(1) The grounds and reasons for the denial or disqualification.
(2) The applicant has the right to a hearing to challenge the licensing authority's decision.
(3) The earliest date the applicant may reapply for a license.
(4) Evidence of rehabilitation may be considered upon reapplication.
Any written determination by the board, commission, or committee that an individual's criminal history is specifically listed as a disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the factors specified in subdivisions (1) through (4) by clear and convincing evidence sufficient for review by a court. In an administrative hearing or civil action reviewing the denial of a license, a board, commission, or committee has the burden of proof on the question of whether the individual's criminal history directly relates to the occupation for which the license is sought.
(j) The board, commission, or committee shall inform the individual of its determination concerning the individual's petition not later than thirty (30) days after the petition, criminal history information, and any other information requested under subsection (h) is received by the board, commission, or committee.
(k) The board, commission, or committee may charge a fee established under IC 25-1-8 that does not exceed twenty-five dollars ($25) to pay its costs of reviewing a petition filed under subsection (h).
(l) A board, commission, or committee may adopt rules under IC 4-22-2 to implement this section, including emergency rules under IC 4-22-2-37.1.
As added by P.L.182-2018, SEC.1.
