Indiana Code 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
(b) As used in this section, “crime” has the meaning set forth in IC 33-23-1-4.
Terms Used In Indiana Code 25-1-1.1-6
- Arrest: Taking physical custody of a person by lawful authority.
- board: has the meaning set forth in Indiana Code 25-1-1.1-0.5
- Conviction: A judgement of guilt against a criminal defendant.
- conviction of concern: means a criminal conviction directly related to the duties and responsibilities of the occupation or profession for which the individual is applying or holds a license or certification as set by the board. See Indiana Code 25-1-1.1-0.7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(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 may 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 conviction of concern is limited to a crime 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 individual has a conviction of concern, 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.
(g) An individual having a conviction of concern may at any time petition a board, commission, or committee requiring a license or certificate for a determination as to whether the individual’s conviction of concern will disqualify the individual from receiving the license or certification. An individual filing a petition under this subsection shall submit the following:
(1) At no expense to the state, a national criminal background check by the Federal Bureau of Investigation.
(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.
(h) If an individual has a conviction of concern, the board, commission, or committee shall consider the following in determining whether to deny a license or certification to the individual based on the following factors:
(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.
(i) If a board, commission, or committee determines an individual’s conviction of concern disqualifies the individual from receiving a license or certification solely or in part because of the individual’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 individual has the right to a hearing to challenge the licensing authority’s decision.
(3) The earliest date the individual may reapply for a license or certification or the earliest date the individual can petition the board, commission, or committee for a review.
(4) Evidence of rehabilitation may be considered upon reapplication.
(5) Findings for each of the factors specified in subdivisions (1) through (4).
Any written determination that an individual’s criminal history contains a conviction of concern that merits the denial of a license must be documented in written findings under subdivision (1) by clear and convincing evidence sufficient for review by a court. In an administrative hearing or a 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, based on the standards provided in subsection (h), should lead to the denial of a license.
(j) The board, commission, or committee shall inform the individual of its determination concerning the individual’s petition not later than sixty (60) days after the petition, criminal history information, and any other information requested under subsection (g) 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 (g).
(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. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the board, commission, or committee under this section and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the board, commission, or committee under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.182-2018, SEC.1. Amended by P.L.90-2019, SEC.12.