32-2609. Good cause exceptions for misdemeanor and felony offenses

A. If a person shows at a hearing to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B, the board may grant a good cause exception for the following:

1. A misdemeanor offense if the person completed all terms of sentencing.

2. A felony offense if ten of more years have passed since the person completed all terms of sentencing.

B. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:

1. The extent of the person's criminal record.

2. The length of time that has elapsed since the offense was committed.

3. The nature of the offense.

4. Evidence supporting any applicable mitigating circumstances.

5. Evidence supporting the degree to which the person participated in the offense.

6. Evidence supporting the extent of the person's rehabilitation, including:

(a) Completion of probation, parole or community supervision.

(b) Whether the person paid restitution or other compensation for the offense.

(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.

(d) Personal references attesting to the person's rehabilitation.

C. If seeking a good cause exception, at least five days before the hearing the applicant shall submit to the department any evidence the applicant will be presenting at the hearing.