§ 33-1-304 — Considering criminal convictions; pre- application determinations

(a) Except as specifically required by its licensure,
certification or registration statutes, every board, commission,
commissioner or authority authorized to establish examination,
inspection, permit, license, certification or registration
requirements or fees for any profession or occupation regulated
under this title or under W.S. 7-4-211, 11-25-201, 15-5-103, 17-
4-406, 21-2-802, 23-2-414, 26-4-101 or 40-22-109 and who
considers criminal convictions as part of its regulatory duties
shall not consider prior convictions that do not affect the
practice of the profession or occupation or the ability to
practice the profession or occupation regulated by the board,
commission, commissioner or authority. Specifically, the board,
commission, commissioner or authority may cite as state policy
the following:
(i) It is public policy to reduce recidivism by
addressing barriers to employment and encouraging appropriate
employment and licensure of persons with arrest and conviction
records;
(ii) It is public policy to consider whether the
elements of an offense are directly related to the specific
duties and responsibilities of that profession or occupation;
(iii) It is public policy to consider whether the
profession or occupation offers the opportunity for the same or
a similar offense to occur;
(iv) It is public policy to consider the relationship
of the offense to the purposes of regulating the profession or
occupation; and
(v) It is public policy to consider whether there is
ample opportunity for a person denied a license due to a prior
criminal conviction to appeal the denial.
(b) A board or commission licensing, certifying or
registering a person to practice or perform a profession or
occupation that heals or treats humans:
(i) May always determine that a crime of violence or
sexual misconduct is relevant to the ability to practice the
profession or occupation, but in making a licensing,
certification or registration decision may consider the
circumstances of the offense;
(ii) Shall refuse to issue or shall permanently
revoke a license of any person convicted under W.S. 6-2-
502(a)(v).
(c) No board, commission, commissioner or authority
authorized to regulate through licensure, certification or
registration a profession or occupation under this title, or
under W.S. 7-4-211, 11-25-201, 15-5-103, 17-4-406, 21-2-802, 23-
2-414, 26-4-101 or 40-22-109, shall consider evidence of any
conviction more than twenty (20) years old, or for a lesser
period of time if expressly provided by statute, when analyzing
a person's criminal history pursuant to the board's,
commission's, commissioner's or authority's regulatory duties,
except when:
(i) The sentence, including all incarceration, parole
and probation, for the conviction is incomplete or has been
completed within fewer than the last ten (10) years; or
(ii) The conviction is related to the duties and
responsibilities of the profession or occupation or as otherwise
permitted by licensure, certification or registration statutes.
(d) Any board, commission, commissioner or authority shall
be immune from civil liability for acting in accordance with
this section with regard to licensing, certifying or registering
a person to practice or perform a profession or occupation.
(e) Any person who has been previously convicted of a
crime may at any time apply to a board, commission, commissioner
or authority authorized to establish examination, inspection,
permit, license, certification or registration requirements for
any profession or occupation regulated under this title or under
W.S. 7-4-211, 11-25-201, 15-5-103, 17-4-406, 21-2-802, 23-2-414,
26-4-101 or 40-22-103 for a determination as to whether one (1)
or more of the person's criminal convictions will prevent the
person from receiving a license, certification or registration.
Each board, commission, commissioner or authority may by rule
establish a procedure by which an application submitted under
this subsection is reviewed and may by rule delegate the
authority to review an application to a staff member of the
board, commission, commissioner or authority. A board,
commission, commissioner or authority may request criminal
history background information for purposes of reviewing an
application under this subsection in accordance with W.S. 7-19-
106(a)(xxxix). The board, commission, commissioner or authority
may by rule establish and charge a reasonable fee to recover the
costs of researching and developing a determination under this
subsection, provided that any fee shall not exceed the costs of
providing the determination under this subsection. A
determination made by a board, commission, commissioner or
authority under this subsection shall not be binding upon the
board, commission, commissioner or authority.