Utah § 34-52-302 Private employer requirements when hiring a mental health professional.

Utah Statutes

§ 34-52-302 — Private employer requirements when hiring a mental health professional.

Utah § 34-52-302

Title 34Labor in General

Ch. 34-52Reducing Barriers to Employment for Individuals with Criminal Records

Part 34-52-3Applicants for Private Employment

This text of Utah § 34-52-302 (Private employer requirements when hiring a mental health professional.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 34-52-302 (2026).

Text

(1)Except as provided in Subsection (4), a private employer may not exclude a mental health professional applicant from an initial interview because of:

(1)(a) an arrest for an offense that occurred before the mental health professional applicant was 18 years old;

(1)(b) a juvenile adjudication; or

(1)(c) an expunged criminal offense.

(2)A private employer excludes a mental health professional applicant from an initial interview under Subsection (1) if the private employer requires the mental health professional applicant to disclose an arrest for an offense that occurred before the mental health professional applicant was 18 years old, a juvenile adjudication, or an expunged criminal offense:

(2)(a) on an employment application;

(2)(b) before an initial interview; or

(2)(c) if no inte

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(1) Except as provided in Subsection (4), a private employer may not exclude a mental health professional applicant from an initial interview because of:

(1)(a) an arrest for an offense that occurred before the mental health professional applicant was 18 years old;
(1)(b) a juvenile adjudication; or
(1)(c) an expunged criminal offense.
(2) A private employer excludes a mental health professional applicant from an initial interview under Subsection (1) if the private employer requires the mental health professional applicant to disclose an arrest for an offense that occurred before the mental health professional applicant was 18 years old, a juvenile adjudication, or an expunged criminal offense:

(2)(a) on an employment application;
(2)(b) before an initial interview; or
(2)(c) if no interview is conducted, before making a conditional offer of employment.
(3) Except as provided in Subsections (1) and (2), this section does not prevent a private employer from:

(3)(a) asking a mental health professional applicant for information about the mental health professional applicant's criminal conviction history during an initial interview or after an initial interview; or
(3)(b) considering a mental health professional applicant's criminal conviction history when making a hiring decision.
(4) Subsections (1) and (2) do not apply:

(4)(a) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction history;
(4)(b) to a private employer that is part of the criminal or juvenile justice system;
(4)(c) to a private employer seeking a nonemployee volunteer;
(4)(d) to a private employer that works with children or vulnerable adults; or
(4)(e) to a private employer whose primary purpose is performing financial or fiduciary functions.