2021 Code of Alabama
Title 12 - Courts.
Chapter 26 - Occupational Licensing Order of Limited Relief.
Section 12-26-9 - Time of Ruling; Hearing; Scope; Appeal.
Section 12-26-9
Time of ruling; hearing; scope; appeal.
(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 Civil 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 41-9A-1, 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 41-9A-1.
(Act 2019-464, §9.)
