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For purposes of this section, The following offenses are
categorized according to the seriousness of the offense(s).
(1)
Category X includes:
(A) capital offenses;
(B) sexual offenses involving a child
victim;
(C) felony sexual offenses involving an
adult victim who is a client (one or more counts);
(D) multiple counts of felony sexual
offenses involving any adult victim; and
(E) homicide 1st degree.
(2) Category
I includes:
(A) kidnapping;
(B) arson;
(C) homicide lesser degrees;
(D) felony sexual offenses involving an
adult victim who is not a client (single count); and
(E) attempting to commit crimes in Category
I or X.
(3) Category
II includes felony offenses that are not listed separately in this section
and that result in actual or potential physical harm to others and/or
animals.
(4) Category
III includes:
(A) class A misdemeanor alcohol and drug
offenses;
(B) class A misdemeanor offenses
resulting in actual or potential physical harm to others or animals;
(C) felony alcohol and drug offenses;
and
(D) all other felony offenses not listed
separately in this section.
(5) Category
IV includes:
(A) class B misdemeanor alcohol and drug
offenses; and
(B) class B misdemeanor offenses
resulting in actual or potential physical harm to others or animals.
(e) Except as provided in subsection (j) of this section, the
department shall deny the application of a person who has been convicted or
placed on community supervision in any jurisdiction for a:
(1) category X offense during the person's lifetime;
(2) category I offense during the 15 years preceding
the date of application;
(3) category II offense during the ten years
preceding the date of application;
(4) category III offense during the seven years
preceding the date of application; or
(5) category IV offense during the five years
preceding the date of application.
(f) When a person's application is denied under subsection (e)
or (f) of this section, the person may reapply when:
(1) the person receives a full pardon based on the
person's wrongful conviction;
(2) the timeframes established in subsection (e) of
this section have been met;
(3) If subsection (e) of this section does not
apply, the applicant is otherwise eligible to be given an application for
employment that must be fully completed by the applicant only. Applications
are only accepted for approved and posted job vacancies.
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