Clinical Mental Health Counselor

You must submit your request using DOPL's Application for Criminal History Determination.

You must pay the required fee of $50.00 and provide all information and attachments required by the application before DOPL will begin its review.

No, you do not have to be in school or receiving any education or experience to request a Criminal History Determination.  Anyone considering applying for a license regulated by DOPL may apply to have DOPL review their information and issue a written Criminal History Determination.

It is okay if you do not yet meet all (or any) of the qualifications for the license you are interested in, such as required education, experience, or examinations.  The Application for Criminal History Determination will simply ask you to describe the qualifications that you have and have not completed and your expected timeline for completion.

• $50.00 non-refundable application-processing fee, made payable to "DOPL".
• For EACH charge, plea, or conviction:
  • Police Reports
  • Court Records
    At minimum, obtain a complete court docket.  Additional items such as sentencing, evaluations, etc. may also be included.  If you were ordered to pay fines or restitution, your court documents must include payment details.
  • Probation/Parole Officer Records
    If you were ordered to complete "court monitored probation", you must include with your court records documents proving your successful completion of probation.
  • Personal Narrative addressing the incident
    Include an explanation of any changes you have made in your life since the incident that may assist DOPL in understanding rehabilitation efforts.  The narrative must be in your own words.  However, you may attach any additional documents or information that you want DOPL to review.  For example, you may attach records showing:
    • completion of or active participation in rehabilitative drug or alcohol treatment
    • completion of sentences and time elapsed since your offense with no new relevant criminal history
    • testimonials and letters of recommendation from other individuals, such as a progress report from your probation or parole officer or letters from your employers or teachers
    • completion of education and training and/or education/training achievements
    • favorable/steady employment history
    • additional information that would help DOPL determine whether or not you are eligible for licensure

Knowing what is on your criminal history record is critical, as DOPL is one of the few agencies that WILL view and consider "no contest" pleas and pleas in abeyance (and may, in some rare circumstances, view and consider expunged criminal records or arrests, or a juvenile record that impacts the applicant's ability to possess a firearm).

To help ensure the information you submit for review is as complete and accurate as possible, you may obtain a copy of your criminal history from either sources listed below.  If DOPL issues a favorable Determination, and later finds undisclosed criminal history, it may invalidate the Determination.

• Obtain a copy of your UTAH criminal history records:  See Utah Bureau of Criminal Identification (https://bci.utah.gov/criminal-history-records/) or Right of Access Agencies (https://bci.utah.gov/forms/list-of-right-of-access-agencies/).
• To obtains a copy of your Federal (FBI) Identity History: https://www.fbi.gov/services/cjis/identity-history-summary-checks

The following types of criminal incidents usually must be reported:

• any misdemeanor, in any jurisdiction, in the last 10 years
• any felony, in any jurisdiction
• any active or pending criminal action (including arrests)

Please Note:

• You must disclose each charge, plea, or conviction, even if it was later held in abeyance, diverted, reduced, or dismissed through a plea agreement.
• You must disclose motor vehicle offenses such as driving while impaired or intoxicated.  However, you do not need to disclose minor traffic offenses such as parking or speeding violations.
• You do not need to report juvenile records; however, convictions of a minor tried as an adult outside of juvenile court must be reported.
• You must disclose if you are restricted from possession, purchase, transfer, or ownership of a firearm or ammunition (even if your restriction is based on a non-reportable juvenile conviction).
• You do not need to disclose legally expunged or sealed criminal history incidents.  See Question 17 of the FAQs for more information on expungements.

DOPL is one of the few agencies that may view and consider "no contest" pleas and pleas in abeyance (and may, in some rare circumstances, view and consider expunged criminal records or arrests).  Even if you received probation without a conviction, or you did not actually go to jail or prison, you may still need to report that information to DOPL.  When in doubt, it is better to disclose.

• any misdemeanor, in any jurisdiction, in the last 10 years
• any felony, in any jurisdiction
• any active or pending criminal action (including arrests)

• any misdemeanor, in any jurisdiction, in the last 10 years
• any felony, in any jurisdiction
• any active or pending criminal action (including arrests)

Please Note:

• You must disclose each charge, plea, or conviction, even if it was later held in abeyance, diverted, reduced, or dismissed through a plea agreement.
• You must disclose motor vehicle offenses such as driving while impaired or intoxicated.  However, you do not need to disclose minor traffic offenses such as parking or speeding violations.
• You do not need to report juvenile records; however, convictions of a minor tried as an adult outside of juvenile court must be reported.
• You must disclose if you are restricted from possession, purchase, transfer, or ownership of a firearm or ammunition (even if your restriction is based on a non-reportable juvenile conviction).
• You do not need to disclose legally expunged or sealed criminal history incidents.  See Question 17 of the FAQs for more information on expungements.

It depends on the license you wish to obtain.

A few licenses do have specific prohibitions that will result in the automatic denial of the license.  For example, you cannot obtain a nursing license if you have been convicted of a violent felony, and you cannot obtain an armed private security officer license if you have a conviction that prohibits you from possessing a firearm.

To assist applicants for licensure, DOPL has created Criminal History Guidelines for each occupation and profession it licenses.  The Guidelines explain criminal history factors that are considered in a decision whether or not to grant a license.  The Guidelines also describe why particular crimes "substantially" relate to an individual's ability to safely or competently practice that specific occupation or profession.

To view the Criminal History Guidelines, refer to your specific occupation/profession page on our website.  Keep in mind, these are only guidelines and individual consideration of an applicant’s or licensee’s circumstances and the current laws and rules will influence licensing decisions.

DOPL always provides individualized consideration to each applicant or licensee to determine whether a criminal conviction bears a "substantial" relationship to the applicant's or licensee's ability to safely or competently practice their occupation or profession.  DOPL considers current circumstances, which may include:

• the age of the applicant or licensee when the applicant or licensee committed the offense;
• the time that has elapsed since the applicant or licensee committed the offense;
• whether the applicant or licensee has completed their criminal sentence;
• whether the applicant has completed or is actively participating in rehabilitative drug or alcohol treatment;
• any testimonials or recommendations from other individuals provided by the applicant or licensee, including a progress report from the applicant's or licensee's probation or parole officer;
• other evidence of rehabilitation provided by the applicant or licensee;
• the education and training of the applicant or licensee;
• the employment history of the applicant or licensee; and
• other relevant information provided by the applicant or licensee.

The following factors may also be relevant to the licensing decision:

• aggravating circumstances, as defined in Utah Admin. Code R156-1-102(2)
• mitigating circumstances, as defined in Utah Admin. Code R156-1-102(17)
• the degree of risk to the public health, safety or welfare
• the degree of risk that a conduct will be repeated
• the degree of risk that a condition will continue
• the magnitude of the conduct or condition as it relates to harm or potential harm
• the length of time since the last conduct or condition has occurred
• the current criminal probationary or parole status of the applicant or licensee
• the current administrative status of the applicant or licensee
• results of previously submitted applications for any regulated profession or occupation
• results from any action taken by any professional licensing agency, criminal or administrative agency, employer, practice monitoring group, entity or association
• evidence indicating that restricting or monitoring an individual's practice, conditions or conduct can protect the public health, safety or welfare
• psychological evaluations
• any other information DOPL or the board reasonably believes may assist in evaluating the degree of threat or potential threat to the public health, safety or welfare

There are also some special exceptions.  DOPL will not take into account a conviction for which the individual's incarceration ended more than seven years before the date of DOPL’s consideration, unless there is additional criminal conduct after the incarceration, or the conviction was for a violent felony, or a felony related to a criminal sexual act or criminal fraud or embezzlement.

For more information, see Utah Code Sections 58-1-401 and 58-1-501, and Utah Admin. Code R156-1-302, or consult with an attorney.

To assist applicants for licensure, DOPL has created Criminal History Guidelines for each occupation and profession it licenses.  The Guidelines explain criminal history factors that are considered in a decision whether or not to grant a license, and describe for each occupation or profession why particular crimes may be considered to "substantially" relate to an individual's ability to safely or competently practice that occupation or profession.  To view the Guidelines, refer to each occupation or profession specific page on our website.

DOPL is required to issue a Determination letter within 30 days after receiving a complete Application for Criminal History Determination.

Please Note:

• An application is not considered complete until all required information, attachments, and fees have been submitted.
• If your application is incomplete, you will receive notice of the deficiencies that includes a deadline to reply.  If you do not reply by the deadline, the application will be denied (i.e., your application will not be considered, and no determination will be made).
• If you choose to begin the process again after your application has been denied as incomplete, you will need to submit a new application with all required items, and pay a new application fee.

If you receive a favorable determination, DOPL will stand by its favorable determination and it is likely that your criminal history will not prevent you from obtaining that license.

However, a word of caution: Your determination may be invalidated if the law changes, or if your determination was not based on complete or accurate information.

Any determination, whether favorable or unfavorable, is based on the statutory authority and administrative rules governing the identified license at the time of the application.  Future changes in licensing laws may impact the determination made.

Additionally, if you later apply for a license, you will be subject to a new review of your criminal history.   DOPL’s decision may be different if it discovers additional negative information not previously known to DOPL.  New negative information may appear because you have accrued new criminal history, or because the information that you provided with your application contained misrepresentations or intentional or unintentional omissions.  Such circumstances may invalidate a favorable determination.

Not necessarily.

Any determination, whether favorable or unfavorable, is based on the statutory authority and administrative rules governing the identified license at the time of the application.  Future changes in licensing laws may impact the determination made.

Also, if you later apply for a license or for another criminal history determination, you will be subject to a new review of your criminal history, and at that time DOPL’s decision could be different because of beneficial changes in your circumstances or criminal history record.  Beneficial changes could include, for example, passage of time since prior offense(s) with no new relevant criminal history, completion of any criminal sentences, expungements from your criminal record, completion of or active participation in rehabilitative drug or alcohol treatment, completion of education and training, favorable employment history, or any other positive information not previously known to or considered by DOPL that would favor granting you a license.

For more information, see question 10.

Yes, you may apply for a license at any time.

Expungements, pardons, and "set asides" do not remove or destroy any part of a criminal record.

Expungements:  You do not need to report legally expunged or sealed criminal history incidents.  In Utah, legal expungement means that you have obtained a criminal expungement order under Title 77, Chapter 40, Utah Expungement Act.

**You cannot rely on the fact that someone, even your attorney or a judge, verbally told you that a charge or crime would not appear in your record.  You must verify with the jurisdiction where your expungement occurred to determine if the charge or crime will appear on a government background check. **

When in doubt, disclose.  This is critical, because "expungement" differs from state to state.  For example, California's primary type of expungement is similar to Utah "dismissed" charges.  It doesn't show up for the general public, but the expungement order itself states it must be disclosed to all government agencies.  You would still need to report this type of expunged crime to DOPL.

Note that DOPL may also -- in very rare cases -- ask an applicant to provide information from an expunged record.  DOPL is one of the few agencies that may receive expunged records upon specific request.

Pardons:  A pardon does not seal a record or null a conviction, but symbolizes forgiveness for all or part of a conviction.  As such, the underlying convictions do need to be reported, but you should include information regarding your pardon as supporting documentation for DOPL to consider.

Set Aside:  "Set Aside" is a general term that can mean many things, but generally means that the original judgment was changed in some way.  For example, in Arizona there is no expungement, but a judgment that is "set aside" only needs to be reported in certain instances.  You must verify with the jurisdiction that issued the "set aside" to determine exactly what it means, and if it will be released on a government background check.

For example, the charge may have been set aside due to the completion of a plea in abeyance, also commonly referred to as "dismissed" in Utah.  This does not seal the record, but it may mean that it does not appear on non-government background checks.  DOPL, however, will receive this information as part of a complete criminal background check.

Finally, please note that if DOPL issues a favorable Determination that supports issuing you a license and then later finds that you have more criminal history that DOPL had not considered, DOPL’s conclusion may change and your favorable Determination may be invalidated.

Expungement Resources

While not required, expungement can be an alternative for some applicants.  If you would like additional information on expungement, the following sites may be useful:

• The Utah Courts website has a self-help page that explains expungements in detail and explains each step of the expungement process.  It also provides all of the required forms for filing.  Learn more at: https://www.utcourts.gov/howto/expunge/.
• Utah Legal Services sometimes provides free or reduced-fee expungement services for many Utah citizens.  Learn more at: https://www.utahlegalservices.org/.
• The Salt Lake City Mayor’s Office of Criminal Justice Initiatives may be able to provide information and assistance with expungement.  One of the initiatives is to help individuals clear their criminal records, allowing them to access better employment, housing and educational opportunities.  Learn more here

Please Note: DOPL cannot answer questions regarding expungement and cannot assist you with filing for expungement.

DOPL always provides individualized consideration to each applicant or licensee to determine whether a criminal conviction bears a "substantial" relationship to the applicant's or licensee's ability to safely or competently practice their occupation or profession.  DOPL considers current circumstances, which may include:

• the age of the applicant or licensee when the applicant or licensee committed the offense;
• the time that has elapsed since the applicant or licensee committed the offense;
• whether the applicant or licensee has completed their criminal sentence;
• whether the applicant has completed or is actively participating in rehabilitative drug or alcohol treatment;
• any testimonials or recommendations from other individuals provided by the applicant or licensee, including a progress report from the applicant's or licensee's probation or parole officer;
• other evidence of rehabilitation provided by the applicant or licensee;
• the education and training of the applicant or licensee;
• the employment history of the applicant or licensee; and
• other relevant information provided by the applicant or licensee.

The following factors may also be relevant to the licensing decision:

• aggravating circumstances, as defined in Utah Admin. Code R156-1-102(2)
• mitigating circumstances, as defined in Utah Admin. Code R156-1-102(17)
• the degree of risk to the public health, safety or welfare
• the degree of risk that a conduct will be repeated
• the degree of risk that a condition will continue
• the magnitude of the conduct or condition as it relates to the harm or potential harm
• the length of time since the last conduct or condition has occurred
• the current criminal probationary or parole status of the applicant or licensee
• the current administrative status of the applicant or licensee
• results of previously submitted applications, for any regulated profession or occupation
• results from any action, taken by any professional licensing agency, criminal or administrative agency, employer, practice monitoring group, entity or association
• evidence presented indicating that restricting or monitoring an individual's practice, conditions or conduct can protect the public health, safety or welfare
• psychological evaluations
• any other information DOPL or the board reasonably believes may assist in evaluating the degree of threat or potential threat to the public health, safety or welfare

DOPL will not take into account a conviction for which the individual's incarceration ended more than seven years before the date of DOPL’s consideration, unless there is additional criminal conduct after the incarceration, or the conviction was for a violent felony, or a felony related to a criminal sexual act or criminal fraud or embezzlement.

To assist applicants, DOPL has created Criminal History Guidelines for each occupation and profession it licenses.  The Criminal History Guidelines help identify the particular crimes that may "substantially" relate to an individual's ability to safely or competently practice a specific occupation or profession.

To view DOPL’s Criminal History Guidelines, refer to your specific occupation/profession page on DOPL’s website.  Keep in mind, these are only guidelines and individual consideration of an applicant’s or licensee’s circumstances and the current laws and rules will influence licensing decisions.

For more information, see Utah Code Sections 58-1-401 and 58-1-501, and Utah Admin. Code R156-1-302, or consult with an attorney.