53-6-203 - Applicants for admission to training programs or for certification examination -- Requirements.
53-6-203. Applicants for admission to training programs or for certificationexamination -- Requirements.
(1) Before being accepted for admission to the training programs conducted by a certifiedacademy, and before being allowed to take a certification examination, each applicant foradmission or certification examination shall meet the following requirements:
(a) be a United States citizen;
(b) be at least 21 years old at the time of appointment as a peace officer;
(c) be a high school graduate or furnish evidence of successful completion of anexamination indicating an equivalent achievement;
(d) have not been convicted of a crime for which the applicant could have been punishedby imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this oranother state;
(e) have demonstrated good moral character, as determined by a backgroundinvestigation; and
(f) be free of any physical, emotional, or mental condition that might adversely affect theperformance of the applicant's duties as a peace officer.
(2) (a) An application for admission to a training program shall be accompanied by acriminal history background check of local, state, and national criminal history files and abackground investigation.
(b) The costs of the background check and investigation shall be borne by the applicantor the applicant's employing agency.
(3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, anyconviction obtained in this state or other jurisdiction, including a conviction that has beenexpunged, dismissed, or treated in a similar manner to either of these procedures, may beconsidered for purposes of this section.
(b) This provision applies to convictions entered both before and after the effective dateof this section.
(4) Any background check or background investigation performed pursuant to therequirements of this section shall be to determine eligibility for admission to training programs orqualification for certification examinations and may not be used as a replacement for anybackground investigations that may be required of an employing agency.
(5) An applicant shall be considered to be of good moral character under Subsection(1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection53-6-211(1).
Amended by Chapter 313, 2010 General Session