(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.