§ 4-33-8-11 — Convicted felons; rehabilitation; waiver

(a) An individual who is disqualified under
section 3(2) of this chapter due to a conviction for a felony may apply
to the commission for a waiver of the requirements of section 3(2) of
this chapter.
(b) The commission may waive the requirements of section 3(2) of
this chapter with respect to an individual applying for an occupational
license if:
(1) the individual qualifies for a waiver under subsection (e) or
(f); and
(2) the commission determines that the individual has
demonstrated by clear and convincing evidence the individual's
rehabilitation.
(c) In determining whether the individual applying for the
occupational license has demonstrated rehabilitation under subsection
(b), the commission shall consider the following factors:
(1) The nature and duties of the position applied for by the
individual.
(2) The nature and seriousness of the offense or conduct.
(3) The circumstances under which the offense or conduct
occurred.
(4) The date of the offense or conduct.
(5) The age of the individual when the offense or conduct was
committed.
(6) Whether the offense or conduct was an isolated or a repeated
incident.
(7) A social condition that may have contributed to the offense or
conduct.
(8) Evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational education,
successful participation in a correctional work release program,
or the recommendation of a person who has or has had the
individual under the person's supervision.
(9) The complete criminal record of the individual.
(10) The prospective employer's written statement that:
(A) the employer has been advised of all of the facts and
circumstances of the individual's criminal record; and
(B) after having considered the facts and circumstances, the
prospective employer will hire the individual if the commission
grants a waiver of the requirements of section 3(2) of this
chapter.
(d) The commission may not waive the requirements of section 3(2)
of this chapter for an individual who has been convicted of committing
any of the following:
(1) A felony in violation of federal law (as classified in 18 U.S.C.
3559).
(2) A felony of fraud, deceit, or misrepresentation.
(3) A felony of gambling under IC 35-45-5 or IC 35-45-6.
(e) The commission may waive the requirements of section 3(2) of
this chapter for an individual if:
(1) the individual has been convicted of committing:
(A) a felony described in IC 35-42 against another human being
or a felony described in IC 35-48-4; or
(B) a felony that results in bodily injury, serious bodily injury,
or death to another human being; and
(2) ten (10) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is later, for the conviction described in subdivision (1).
(f) The commission may waive the requirements of section 3(2) of
this chapter for an individual if:
(1) the individual has been convicted in Indiana or any other
jurisdiction of committing a felony not described in subsection (d)
or (e); and
(2) five (5) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is later, for the conviction described in subdivision (1).
(g) To enable a prospective employer to determine, for purposes of
subsection (c)(10), whether the prospective employer has been advised
of all of the facts and circumstances of the individual's criminal record,
the commission shall notify the prospective employer of all information
that the commission:
(1) has obtained concerning the individual; and
(2) is authorized to release under IC 5-14.
(h) The commission shall deny the individual's request to waive the
requirements of section 3(2) of this chapter if the individual fails to
disclose to both the commission and the prospective employer all
information relevant to this section.

Legislative History

As added by P.L.277-1993(ss), SEC.124. Amended by P.L.29-1996, SEC.1; P.L.142-2020, SEC.4.