HB 356

Under existing law, an individual who has been convicted of a crime is prohibited from obtaining certain occupational certifications or licenses

This law would create a process for an individual who has been convicted of a crime to petition the circuit court to obtain an Order of Limited Relief and for the court to grant such an order

This bill would prohibit an occupational licensing board or commission from automatically denying a certificate or license to an individual holding a valid Order of Limited Relief

This bill would provide exceptions for certain occupations and admissions

Relating to occupational licensing; to create a process for an individual who has been convicted of a crime to petition the circuit court to obtain an Order of Limited Relief and for the court to grant such an order; to prohibit an occupational licensing board or commission from automatically denying a certificate or license if an individual holds a valid Order of Limited Relief; and to provide certain exceptions.

Section 1

As used in this act, the following terms have the following meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court, or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER OF LIMITED RELIEF or ORDER. An order concerning an individual convicted of a crime by a court of conviction that relieves the individual from some or all of the collateral consequences associated with that conviction within this state.

Section 2

This act does not do any of the following: (1) Provide a basis for invalidating a plea, conviction, or sentence. (2) Provide a cause of action for monetary damages. (3) Affect any of the following: a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act. b. Any licensure requirements imposed by an interstate compact or other interstate mutual recognition licensure requirements imposed by law to which Alabama is subject, or any licensure requirements imposed by federal law. c. An attorney's duty to represent a client. d. A claim or right of the victim of a criminal offense. e. A right or remedy under law, other than this act, available to an individual convicted of a crime.

Section 3

(a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an Order of Limited Relief in the following venues: (1) For a conviction imposed by a circuit court, in the circuit court in the county that imposed the conviction. (2) For a conviction imposed by a district or municipal court, in the circuit court in the county where the crime occurred. (b) An individual who has been convicted in multiple judicial circuits in this state may file a petition to obtain an Order of Limited Relief covering each of his or her criminal convictions in the circuit court in any county that imposed one of the convictions. (c) The circuit court shall have original jurisdiction of any petition to obtain an Order of Limited Relief, as described in subsection (a) or (b).

Section 4

(a) An individual who has been convicted in federal court may file a petition to obtain an Order of Limited Relief in the circuit court in the judicial circuit where the individual resides. (b) The circuit court shall have original jurisdiction of any petition to obtain an Order of Limited Relief, as described in subsection (a).

Section 5

(a) An individual who has been convicted in the court of another state or country and has received an Order of Limited Relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an Order of Limited Relief in the circuit court in the judicial circuit where the individual resides. (b) The circuit court shall have original jurisdiction of any petition to obtain an Order of Limited Relief, as described in subsection (a).

Section 6

(a) An individual may not file a petition to obtain an Order of Limited Relief in either of the following circumstances: (1) If the petitioner is serving a custodial sentence with more than six months remaining. (2) If the petitioner is currently charged with a felony. (3) If the petitioner is currently charged with a misdemeanor that is alleged to have occurred within the past onths. (b) An individual may not file a petition to obtain an Order of Limited Relief if a separate petition covering the same conviction or convictions has been filed in another circuit. (c) A court's rejection of a petition to obtain an Order of Limited Relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court's discretion.

Section 7

(a) A petition to obtain an Order of Limited Relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following: (1) That the petitioner is not subject to the limitations in Section 6 and is eligible to seek an Order of Limited Relief. (2) Whether the petitioner has previously applied for an Order of Limited Relief in any jurisdiction and whether an order has been granted previously. (3) A list specifying the convictions and collateral consequences to which the order should apply. (b) Once a petition has been filed, the court shall review available presentence and other reports on the defendant and may order a postsentence report to be completed by the Board of Pardons and Paroles or by the Commissioner of the Department of Corrections. The postsentence report shall contain information required by the court, which may include, but not be limited to, any of the following: (1) A statement of the offense or offenses and surrounding circumstances. (2) A statement of the petitioner's criminal and juvenile record. (3) A record of previous applications for Orders of Limited Relief. (4) A statement of the petitioner's medical and psychological history, if available. (5) A statement of the petitioner's history while under the custody of the Department of Corrections, if any. (6) Any previous probation or sentencing reports prepared by the Board of Pardons and Paroles. (c) Upon completion, the Board of Pardons and Paroles shall provide copies of the postsentence report to the court and to either the petitioner's attorney or the petitioner, if not represented by an attorney. (d) When a petitioner seeks relief from a conviction from a jurisdiction other than this state, the circuit court may require the petitioner to have additional documentation sent from that jurisdiction, including, but not limited to, any of the following: (1) Any Orders of Limited Relief, Certificates of Relief from Disabilities, Certificates of Rehabilitation, or similar documents issued by that jurisdiction. (2) Any transcripts or other court records. (3) Any sentencing reports, probation records, or similar documents. (4) Any other available documentation necessary in considering the merits of the petition. (e) Filing a petition for an Order of Limited Relief shall constitute a waiver of privilege for any parole or probation records related to the offenses for which the petition is filed. (f) Following a ruling by the court on the petition, any parole or probation records or other material that is otherwise subject to privilege shall be sealed.

Section 8

(a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an Order of Limited Relief. The administrative filing fee may not be waived by the court. (b) Notwithstanding subsection (a), a petitioner may apply for indigent status by completing an Affidavit of Substantial Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner is indigent, the court may establish a payment plan for the petitioner to satisfy the filing fee over a period of time. (c) All filing fees shall be allocated to the State Judicial Administration Fund administered by the Administrative Office of Courts.

Section 9

(a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period. (b) If the court determines that a hearing is not necessary, the court may rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition, the court may consider the following factors, in addition to the information contained in the postsentence report: (1) The nature and seriousness of the offense. (2) The circumstances under which the offense occurred. (3) Whether the offense or offenses for which the order is sought were the result of an isolated instance or a pattern of conduct. (4) The relationship between the offense and collateral consequence or consequences from which the petitioner seeks relief. (5) Available probation or parole records, reports, or recommendations. (6) Evidence of previous Orders of Limited Relief granted to the petitioner or prior expungement of the petitioner's record. (7) Any other matter the court deems relevant. (e) The court shall grant the petition if it is reasonably satisfied from the evidence that granting the petition will materially assist the petitioner in obtaining or maintaining employment and in living a law-abiding life, and will not pose an unreasonable risk to the safety or welfare of the public or any individual. (f) There is no right to an Order of Limited Relief, and any request for such an order may be denied at the sole discretion of the court. (g) The ruling of the court shall be subject to direct appeal to the Alabama Court of Criminal Appeals and shall not be reversed absent a showing of an abuse of discretion. (h) When the court grants a petition for an Order of Limited Relief, the petitioner shall be entitled to three copies of the order from the clerk's office. (i) When an Order of Limited Relief is granted, an occupational licensing board, as defined in Section 12, may still consider the conduct underlying the conviction upon which the order was granted in determining whether to deny, revoke, or suspend a license, as defined in Section 12. Section 10. (a) If a court makes a preliminary determination that a petition for an Order of Limited Relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court's determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court, in its discretion, may order a hearing or enter an order revoking the order. (b) Subsequent conviction of a Class A, B, or C felony shall automatically revoke an Order of Limited Relief. (c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order at its discretion upon a finding that the petitioner has violated the terms or conditions of probation. Section 11. (a) The Administrative Office of Courts may establish a standard Order of Limited Relief form to be used by all courts in the state. (b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an Order of Limited Relief, the number of orders granted, and a list of the underlying offenses for which an order was granted. The report may not include any case-specific identifying information. Section 12. (a) As used in this section, the following terms have the following meanings: (1) LICENSE. Any license, certificate, or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation. (2) OCCUPATIONAL LICENSING BOARD. Any state board, agency, commission, or other entity in this state that is established for the primary purpose of regulating the entry of individuals into, or the conduct of individuals within, or both, a particular profession or occupation, and that is authorized to issue licenses. The term does not include any state agency staffed by full-time state employees, that, as a part of its regular functions, may issue licenses. (b) When applying for a license, an applicant may attach to the application a valid Order of Limited Relief granted under Section 9. (c) An occupational licensing board may not automatically deny an application for a license or revoke an existing license because of a criminal conviction when a valid Order of Limited Relief has been issued for the otherwise disqualifying conviction or convictions in question; provided, however, an occupational licensing board may consider the conduct underlying a conviction upon which an Order of Limited Relief was granted and may deny, revoke, or suspend a license based on that underlying conduct. (d) This section does not apply to law enforcement employment, Alabama Peace Officers' Standards and Training Commission certification, or drivers' licenses. Section 13. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.