HB356 Alabama 2019 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2019

Title

Occupational licensees, process created to allow persons convicted of crime to apply for if granted relief by court

Summary

HB356 creates a court process for people convicted of crimes to obtain an Order of Limited Relief and stops automatic license denial by licensing boards for those with such an order, with certain exceptions.

What This Bill Does

It allows an convicted individual to petition the circuit court for an Order of Limited Relief to reduce collateral consequences related to licensing. It prevents occupational licensing boards from automatically denying a certificate or license solely because of a conviction if the person has a valid Order, though boards may consider the underlying conduct. It sets out who can file, where to file, required information, a filing fee, and procedures for how the court reviews and decides the petition, including a 90-day handling deadline and potential post-sentence reports.

Who It Affects

• Individuals convicted of a misdemeanor or felony who want relief from collateral consequences that block occupational licensing and may seek an Order of Limited Relief.
• Occupational licensing boards and commissions, which would be limited in automatically denying licenses when a valid Order exists and would be allowed to consider underlying conduct but not automatically deny solely based on the conviction.

Key Provisions

• Creates a process for petitioning the circuit court to obtain an Order of Limited Relief to relieve some collateral licensing consequences.
• Prohibits occupational licensing boards from automatically denying a license if the petitioner holds a valid Order of Limited Relief, while allowing them to consider the underlying conduct.
• Defines key terms (Collateral Consequence, Order of Limited Relief) and clarifies that the act does not invalidate pleas, convictions, or provide monetary damages.
• Allows petitions in state or federal contexts, including for out-of-state convictions, with specific filing venues and rules for multiple convictions.
• Sets eligibility restrictions (e.g., not in custodial sentence with >6 months remaining, not currently charged with a felony, not recently charged with a qualifying misdemeanor).
• Requires a sworn petition, postsentence reports when needed, and may require documentation from other jurisdictions; waives parole/probation records as needed and then seals them after relief.
• Imposes a $100 filing fee (with an indigent status option and payment plan) and directs fees to the State Judicial Administration Fund.
• Courts must decide within 90 days on merits unless extended; relief is discretionary and not guaranteed; appeals go to the Alabama Court of Criminal Appeals.
• If relief is granted, licensing boards may still consider the underlying conduct and must provide three copies of the order; order can be revoked for false pretenses, newly convicted felonies, or probation violations.
• The Administrative Office of Courts can issue a standard form and must provide an annual, non-identifying report on petitions and outcomes.
• Effective date is the first day of the third month after passage; the act includes specific exceptions (e.g., not applying to law enforcement employment or drivers’ licenses).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Licenses and Licensing