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 crime 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; (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. (b) This provision 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.
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