The department may not automatically deny an applicant for an agency affiliated counselor credential who is practicing as a peer counselor in an agency or facility based on a conviction history consisting of convictions for simple assault, assault in the fourth degree, prostitution, theft in the third degree, theft in the second degree, or forgery, the same offenses as they may be renamed, or substantially equivalent offenses committed in other states or jurisdictions if:
(1) At least one year has passed between the applicant's most recent conviction for an offense set forth in this section and the date of application for employment;
(2) The offense was committed as a result of the person's substance use or untreated mental health symptoms; and
(3) The applicant is at least one year in recovery from a substance use disorder, whether through abstinence or stability on medication-assisted therapy, or in recovery from mental health challenges.