67-9411. EVALUATION OF CRIMINAL CONVICTIONS. (1) A licensing authority shall not deny a license, certificate, registration, permit, or other authorization to practice a profession or occupation to an applicant on the basis of such applicant having a prior conviction of a crime, unless such conviction is currently relevant to the applicant’s fitness to engage in such profession or occupation as determined by the licensing authority. The licensing authority shall make its determination based on consideration of the following factors:
(a) The nature and seriousness of the crime for which the individual was convicted;
(b) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation;
(c) The passage of time since the commission of the crime;
(d) Any evidence of rehabilitation or treatment undertaken by the individual; and
(e) Any other relevant factor.
(2) A licensing authority shall not deny a license, certificate, registration, permit, or other authorization to practice a profession or occupation to an applicant on the basis of vague or generic terminology related to a criminal conviction, including but not limited to "moral turpitude" or "moral character." Where such terms appear in code or rule with respect to a criminal conviction, a licensing authority shall conduct a relevancy evaluation pursuant to subsection (1) of this section.
History:
[67-9411, added 2020, ch. 175, sec. 1, p. 505.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT
Section 67-9401 - SHORT TITLE.
Section 67-9402 - DECLARATION OF POLICY.
Section 67-9403 - DEFINITIONS.
Section 67-9404 - MILITARY EDUCATION, TRAINING, AND SERVICE — QUALIFICATIONS FOR LICENSURE.
Section 67-9405 - EXPEDITED APPLICATION — MEMBERS OF THE MILITARY, VETERANS, AND SPOUSES.
Section 67-9406 - LICENSURE BY ENDORSEMENT — MEMBERS OF THE MILITARY, VETERANS, AND SPOUSES.
Section 67-9407 - REPORT TO LEGISLATURE.
Section 67-9408 - OCCUPATIONAL AND PROFESSIONAL LICENSURE REVIEW COMMITTEE.
Section 67-9409 - UNIVERSAL LICENSURE.
Section 67-9410 - INQUIRY REGARDING THE POTENTIAL IMPACT OF A CRIMINAL CONVICTION.
Section 67-9411 - EVALUATION OF CRIMINAL CONVICTIONS.
Section 67-9412 - TREATMENT OF APPRENTICESHIP PROGRAMS FOR LICENSING PURPOSES.