If suspension, refusal to license, or revocation is based upon the results of a criminal background check pursuant to Arkansas Code § 17-97-312(f) and § 17-3-102 or other determination that the licensee has been convicted of or pleaded guilty or nolo contendere to a disqualifying offense found at Arkansas Code § 17-3-102(a) or (e) and said offense has not been expunged, sealed, or pardoned, licensure may be granted or renewed only upon waiver by the Arkansas Psychology Board of the disqualification under the provisions of 17 CAR § 95-405(c)(3).