Section 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.Amended by Laws 2022 , ch. 20, § 1, eff. 7/1/2022.Amended by Laws 2021 , ch. 109, § 2, eff. 4/5/2021.Amended by Laws 2020 , ch. 105, § 2, eff. 7/1/2020.Added by Laws 2018 , ch. 107, § 1, eff. 7/1/2018.