§ 6.74.120. Criminal background investigation.

A.

Upon receiving an application for a driver's permit from an applicant, certificate holders must require the applicant to undergo an identification and background check as required by state law as more specifically provided by rules or regulations adopted by the MTLC. Upon receipt of the background check report, the director of the MTLC shall advise the certificate holder whether the applicant's background check disqualifies him or her from eligibility for a driver's permit.

B.

Additionally, certificate holder shall check the National Sex Offender Database to verify whether the applicant is listed on the database, and shall certify under oath to the MTLC that it has conducted this check and verified that the applicant does not appear on the database. Any applicant listed on the database shall be disqualified for eligibility for a driver's permit.

C.

Any applicant shall, in addition to any disqualifications listed elsewhere in this chapter, be disqualified if the applicant:

1.

Has been convicted, pleaded guilty, nolo contendere, placed on judicial diversion pursuant to Tenn. Code Ann. Section 40-35-313, or been released from incarceration, probation or parole within a period of seven years prior to the date of application for violation of any of the following criminal offenses under the laws of Tennessee, any other state or of the United States of America:

• Homicide,

• Rape,

• Aggravated assault,

• Kidnapping,

• Robbery,

• Burglary,

• Domestic assault or domestic violence,

• Child sexual abuse,

• Any sex-related offense,

• Leaving the scene of an accident,

• Criminal solicitation, or criminal attempt to commit any of above,

• Perjury or false swearing in making any statement under oath in connection with the application for a driver's permit, or

• The felony possession, sale or distribution of narcotic drugs or controlled substances.

2.

If, at the time of application, the applicant is charged with any offenses in 1. above, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges.

3.

Has been convicted for a period of two years prior to the date of application of the violation of two or more sections of this Code or other ordinances governing the operation of vehicles for hire.

4.

Has failed to disclose any criminal conviction, except traffic citations, on the application for a permit.

(Ord. BL2014-952 § 1, 2014)