§ 23-17-37 - Disqualifying information.
SECTION 23-17-37
§ 23-17-37 Disqualifying information.– (a) Information produced by a criminal records review pertaining to conviction,for the following crimes will result in a letter to the employee and employerdisqualifying the applicant from employment: murder, voluntary manslaughter,involuntary manslaughter, first degree sexual assault, second degree sexualassault, third degree sexual assault, assault on persons sixty (60) years ofage or older, assault with intent to commit specified felonies (murder,robbery, rape, burglary, or the abominable and detestable crime against nature)felony assault, patient abuse, neglect or mistreatment of patients, burglary,first degree arson, robbery, felony drug offenses, larceny, or felony bankinglaw violations. An employee against whom disqualifying information has beenfound may request that a copy of the criminal background report be sent to theemployer who shall make a judgment regarding the continued employment of theemployee.
(b) For purposes of this section, "conviction" means, inaddition to judgments of conviction entered by a court subsequent to a findingof guilty or a plea of guilty, those instances where the defendant has entereda plea of nolo contendere and has received a sentence of probation and thoseinstances where a defendant has entered into a deferred sentence agreement withthe attorney general.