A professional panel will review the information submitted and will base a decision on:

• The applicant’s age at the time the crime was committed or at the time the incident occurred that resulted in the applicant being listed on one or more of the background databases checked by the FCSR;
• The circumstances surrounding the crime or the incident;
• The length of time since the conviction or since the occurrence of the incident;
• The length of time since the applicant completed his or her sentence for the disqualifying conviction(s), whether or not the applicant was confined, conditionally released, on parole or probation;
• The applicant’s entire criminal history and history of all incidents that resulted in the applicant being listed on one or more of the background databases checked by the FCSR, including whether that history shows a repetitive pattern of offenses or incidents;
• The applicant’s prior work history;
• Whether the applicant had been employed in good standing by a provider but subsequently became ineligible for employment due to the hiring restrictions in section 192.2495, RSMo;
• Whether the applicant has been convicted or found guilty of, or pled guilty or nolo contendere to any offense displaying extreme brutality or disregard for human welfare or safety;
• Whether the applicant has omitted a material fact or misrepresented a material fact pertaining to his or her criminal or employment history or to his or her history of incidents that resulted in his or her being listed on one or more of the background databases checked by the FCSR;
• Whether the applicant has ever been listed on the Employee Disqualification List maintained by the department as provided in section 192.2490, RSMo;
• Whether the applicant’s criminal offenses were committed, or other disqualifying incidents occurred, during the time he or she was acting as a provider or as an employee for a provider;
• Whether the applicant has, while disqualified from employment by a provider, obtained employment by fraud, deceit, deception or misrepresentation, including misrepresentation of his or her identity;
• Whether the applicant has ever had a professional or occupational license, certification, or registration revoked, suspended, or otherwise disciplined;
• Any other information relevant to the applicant’s employment background or past actions indicating whether he or she would pose a risk to the health, safety or welfare of residents, patients or clients; and
• Whether the applicant has supplied all information requested by the department.

If, at the time of an application for a waiver, or during the waiver consideration process, the applicant has been charged or indicted for, but not convicted of, any of the crimes covered under the provisions of section 192.2495, RSMo, the department will hold the request for waiver in abeyance while such charges are pending or until a court of competent jurisdiction enters a judgment or order disposing of the matter.