Section 1. Section 53-6-203 is amended to read: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:(i)a United States citizen; (ii)a United States national; or(iii)a lawful permanent resident of the United States who:(A)has been in the United States legally for the five years immediately before the day on which the application is made; and(B)has legal authorization to work in the United States;(b)be at least:(i)19 years old at the time of certification as a special function officer or correctional officer; or(ii)21 years old at the time of certification as a law enforcement 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 crimeexcept as provided in Subsection (3), not have a conviction for a criminal offense 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, including a conviction that has been expunged or dismissed, or treated in a similar manner to expungement or dismissal;(e)have demonstrated good moral character, as determined by a background investigation;(f)be free of any physical, emotional, or mental condition that might adversely affect the performance of the applicant's duties as a peace officer; and(g)meet all other standards required by POST.(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.(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.(3)(a)An applicant who has been convicted of a criminal offense for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this state or another state may be accepted for admission to a training program conducted by a certified academy and allowed to take a certification examination if:(i)the conviction for the criminal offense has been expunged or dismissed, or treated in a similar manner to expungement or dismissal;(ii)the applicant:(A)is not a restricted person under Section 76-11-302, Section 76-11-303, or federal law; and(B)may lawfully possess dangerous weapons;(iii)the criminal offense for which the applicant was convicted was not a violent felony as that term is defined in Section 76-3-203.5;(iv)at least 10 years have passed since the day on which the applicant was convicted of the criminal offense and the applicant has not been convicted of another criminal offense, not including a traffic offense that is a class C misdemeanor or infraction;(v)the applicant meets all other applicable requirements under this section; and(vi)the director, in the director's discretion, has approved the applicant to be accepted for admission to the certified academy and allowed to take the certification examination.(b)A decision by the director under Subsection (3)(a)(vi) is final and may not be appealed.(b)(c)This provision This Subsection (3) applies to convictions entered both before and after the effective date of this section.(4)Any background check or background investigation performed under 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.(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 Subsection 53-6-211(1).(6)An applicant seeking certification as a law enforcement officer, as defined in Section 53-13-103, shall be qualified to possess a firearm under state and federal law.

Section 2. Section 53-6-302 is amended to read:53-6-302. Applicants for certification examination -- Requirements.(1)Before being allowed to take a dispatcher certification examination, each applicant shall meet the following requirements:(a)be:(i)a United States citizen;(ii)a United States national; or(iii)a lawful permanent resident of the United States who:(A)has been in the United States legally for the five years immediately before the day on which the application is made; and(B)has legal authorization to work in the United States;(b)be 18 years old or older at the time of employment as a dispatcher;(c)be a high school graduate or have a G.E.D. equivalent;(d)have not been convicted of a crimeexcept as provided in Subsection (3), not have a conviction for a criminal offense 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, including a conviction that has been expunged, dismissed, or treated in a similar manner to expungement or dismissal;(e)have demonstrated good moral character, as determined by a background investigation;(f)be free of any physical, emotional, or mental condition that might adversely affect the performance of the applicant's duty as a dispatcher; and(g)meet all other standards required by POST.(2)(a)An application for certification 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.(3)(a)Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records, regarding expungements, or a similar 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.(3)(a)An applicant who has been convicted of a criminal offense for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this state or another state may be allowed to take a dispatcher certification examination if:(i)the conviction for the criminal offense has been expunged or dismissed, or treated in a similar manner to expungement or dismissal;(ii)the applicant is not a restricted person under Section 76-11-302, Section 76-11-303, or federal law;(iii)the criminal offense for which the applicant was convicted was not a violent felony as that term is defined in Section 76-3-203.5;(iv)at least 10 years have passed since the day on which the applicant was convicted of the criminal offense and the applicant has not been convicted of another criminal offense, not including a traffic offense that is a class C misdemeanor or infraction;(v)the applicant meets all other applicable requirements under this section; and(vi)the commissioner, in the commissioner's discretion, has approved the applicant to take the dispatcher certification examination.(b)A decision by the commissioner under Subsection (3)(a)(vi) is final and may not be appealed.(b)(c)Subsection (3)(a) applies to convictions entered both before and after May 1, 1995This Subsection (3) applies to any conviction regardless of the date when the conviction was entered.(4)Any background check or background investigation performed under 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.(5)An applicant is 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 Subsection 53-6-309(1).

Section 3. Effective Date.This bill takes effect on May 6, 2026.