272C.15 Disqualifications for criminal convictions limited.
1. Notwithstanding any other provision of law to the contrary, except for chapter 272, a person’s conviction of a crime may be grounds for the denial, revocation, or suspension of a license only if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the appropriate licensing board, agency, or department does not grant an exception pursuant to subsection 4.
2. A licensing board, agency, or department that may deny a license on the basis of an applicant’s conviction record shall provide a list of the specific convictions that may disqualify an applicant from receiving a license. Any such offense shall be an offense that directly relates to the duties and responsibilities of the profession.
3. A licensing board, agency, or department shall not deny an application for a license on the basis of an arrest that was not followed by a conviction or based on a finding that an applicant lacks good character, suffers from moral turpitude, or on other similar basis.
4. A licensing board, agency, or department shall grant an exception to an applicant who would otherwise be denied a license due to a criminal conviction if the following factors establish by clear and convincing evidence that the applicant is rehabilitated and an appropriate candidate for licensure:
a. The nature and seriousness of the crime for which the applicant was convicted.
b. The amount of time that has passed since the commission of the crime. There is a rebuttable presumption that an applicant is rehabilitated and an appropriate candidate for licensure five years after the date of the applicant’s release from incarceration, provided that the applicant was not convicted of sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or domestic abuse assault in violation of section 708.2A, and the applicant has not been convicted of another crime after release from incarceration.
c. The circumstances relative to the offense, including any aggravating and mitigating circumstances or social conditions surrounding the commission of the offense.
d. The age of the applicant at the time the offense was committed.
e. Any treatment undertaken by the applicant.
f. Whether a certification of employability has been issued to the applicant pursuant to section 906.19.
g. Any letters of reference submitted on behalf of the applicant.
h. All other relevant evidence of rehabilitation and present fitness of the applicant.
5. An applicant may petition the relevant licensing board, agency, or department, in a form prescribed by the board, agency, or department, for a determination as to whether the applicant’s criminal record will prevent the applicant from receiving a license. The board, agency, or department shall issue such a determination at the next regularly scheduled meeting of the board, agency, or department or within thirty days of receiving the petition, whichever is later. The board, agency, or department shall hold a closed session while determining whether an applicant’s criminal record will prevent the applicant from receiving a license and while determining whether to deny an applicant’s application on the basis of an applicant’s criminal conviction. A board, agency, or department may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.
6. a. A licensing board, agency, or department that denies an applicant a license solely or partly because of the applicant’s prior conviction of a crime shall notify the applicant in writing of all of the following:
(1) The grounds for the denial or disqualification.
(2) That the applicant has the right to a hearing to challenge the licensing authority’s decision.
(3) The earliest date the applicant may submit a new application.
(4) That evidence of rehabilitation of the applicant may be considered upon reapplication.
b. A determination by a licensing board, agency, or department that an applicant’s criminal conviction is specifically listed as a disqualifying conviction and the offense directly relates to the duties and responsibilities of the applicant’s profession must be documented in written findings for each factor specified in subsection 4 sufficient for a review by a court.
c. In any administrative or civil hearing authorized by this section or chapter 17A, a licensing board, agency, or department shall carry the burden of proof on the question of whether the applicant’s criminal offense directly relates to the duties and responsibilities of the profession for which the license is sought.
7. A board, agency, or department may require an applicant with a criminal record to submit the applicant’s complete criminal record detailing an applicant’s offenses with an application. A board, agency, or department may also require an applicant with a criminal record to submit a personal statement regarding whether each offense directly relates to the duties and performance of the applicant’s occupation. For the purposes of this subsection, “complete criminal record” includes the complaint and judgment of conviction for each offense of which the applicant has been convicted.
2020 Acts, ch 1103, §29, 31
Section effective January 1, 2021; 2020 Acts, ch 1103, §31
NEW section