53-6-203.   Applicants for admission to training programs or for certification examination -- Requirements.
     (1) Before being accepted for admission to the training programs conducted by a certified academy, and before being allowed to take a certification examination, each applicant for admission 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 an examination indicating an equivalent achievement;
     (d) have not been convicted of a crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;
     (e) have demonstrated good moral character, as determined by a background investigation; and
     (f) be free of any physical, emotional, or mental condition that might adversely affect the performance of his duty as a peace officer.
     (2) (a) An application for admission to a training program shall be accompanied by a criminal history background check of local, state, and national criminal history files and a background investigation.
     (b) The costs of the background check and investigation shall be borne by the applicant or the applicant's employing agency.
     (i) Conviction of any offense not serious enough to be covered under Subsection (1)(d), involving dishonesty, unlawful sexual conduct, physical violence, or the unlawful use, sale, or possession for sale of a controlled substance is an indication that an applicant may not be of good moral character and may be grounds for denial of admission to a training program or refusal to take a certification examination.
     (ii) An applicant may be admitted to a training program provisionally, pending completion of any background check or investigation required by this subsection.
     (3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any conviction obtained in this state or other jurisdiction, including a conviction that has been expunged, dismissed, or treated in a similar manner to either of these procedures, may be considered for purposes of this section.
     (b) This provision applies to convictions entered both before and after the effective date of this section.
     (4) Any background check or background investigation performed pursuant to the requirements of this section shall be to determine eligibility for admission to training programs or qualification for certification examinations and may not be used as a replacement for any background investigations that may be required of an employing agency.

Amended by Chapter 282, 1998 General Session
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Last revised: Thursday, May 28, 2009