DATE: July 30, 2003

TO: All applicants; Recommending Officials; Teacher Preparation Faculty; Coaching Authorization course instructors; AEA Licensure Coordinators; Human Resources Personnel; Administrators; Professional Organizations; and Paraeducator Certifying Officials

FROM: Dr. Anne E. Kruse, Executive Director Iowa Board of Educational Examiners

RE: Clarification of the licensure application question "Have you ever been convicted of a crime other than parking or speeding?"

The Board office continues to receive applications from individuals who have not answered correctly the question "Have you ever been convicted of a crime other than parking or speeding?" At times, license applications are denied because information was not revealed on the application. This causes applicants difficulty, embarrassment, and the delay of issuance of licenses.

We are in the process of modifying all licensure applications to reflect clarification of the above-referenced question. Until final printing has concluded and been distributed, which should be by September 1, 2003, I need to remind you that:

1) All criminal convictions must be disclosed. This includes any and all OWIs, Some individuals are under the misunderstanding that an OWI is considered a traffic violation, and it is not necessary to report it. An OWI is a criminal conviction. The Board's licensure question requires that an applicant disclose all criminal convictions including OWIs and all misdemeanor offenses whether a simple, serious, or aggravated misdemeanor.

2) When an individual applicant signs a waiver release, the Board is entitled to access all criminal history convictions including those involving deferred judgments or expunged records. Therefore, an applicant must disclose all convictions, even if the public record has been expunged or a judgment deferred.

3) Due to an Iowa Supreme Court decision late last summer, an incident with a deferred judgment can be considered when making licensure decisions because a deferred judgment is a conviction. The individual was either found guilty of, or pled guilty to, the incident, and the incident must be disclosed. Although sentencing or penalty may not be imposed if the individual successfully completes the probation, a deferred judgment is still considered a conviction and must be disclosed.

4) Please keep in mind that not all criminal offenses will result in the Board's decision to not issue a license. However, the applicant must provide truthful information for the Board's review. A failure to disclose may result in the denial of an application.

5) Bottom line.if in doubt, disclose.

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