Strengths

• Created a predetermination petition process for ex-offenders.
• Bans boards from considering arrest records and old convictions.

Areas of Improvement

• Block boards from disqualifying applicants based on crimes of moral turpitude and records that have undergone post-conviction relief.
• Extend protections to all licenses.

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Thanks to a series of reforms enacted in 2019 and 2020, Utah now has some of the better protections for ex-offenders seeking licenses, earning a B- for its final grade. However, loopholes remain. First, although the state repealed moral character requirements for many licenses, it still explicitly allows boards to block licenses based on crimes of moral turpitude, even if that crime is completely unrelated to the license sought. Second, the recent reforms only apply to licenses governed by the Division of Occupational and Professional Licensing. Although the division is the largest licensing agency in the state, licenses issued by different departments, including those regulating the financial and private security sectors, remain unaffected.

Statute: Utah Code Ann. §§ 58-1-310, 58-1-501(2)(c) (2019), Utah Admin. Code r. 156-1-302 (2018)