(a)Notwithstanding any other law to the contrary, an occupational licensing board shall not deny an application for a license due to any of the following:
(1)A criminal conviction that is not directly related to the duties and responsibilities of the profession or occupation for which the license is required.
(2)A criminal conviction that has been pardoned, sealed, expunged, or otherwise nullified or made confidential by the jurisdiction from which it originated.
(3)An arrest that did not result in a criminal conviction and for which criminal charges are not currently pending.
(4)An applicant’s lack of good moral character or failure to adhere to any similarly vague or generic standard.
(b)In determining whether a criminal conviction is directly related to the duties and responsibili
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(a) Notwithstanding any other law to the contrary, an occupational licensing board shall not deny an application for a license due to any of the following:
(1) A criminal conviction that is not directly related to the duties and responsibilities of the profession or occupation for which the license is required.
(2) A criminal conviction that has been pardoned, sealed, expunged, or otherwise nullified or made confidential by the jurisdiction from which it originated.
(3) An arrest that did not result in a criminal conviction and for which criminal charges are not currently pending.
(4) An applicant’s lack of good moral character or failure to adhere to any similarly vague or generic standard.
(b) In determining whether a criminal conviction is directly related to the duties and responsibilities of the profession or occupation for which a license is required, an occupational licensing board shall consider all of the following factors on a case-by-case basis:
(1) The nature and seriousness of the crime for which the individual was convicted.
(2) The nature of the specific duties and responsibilities for which the license is required.
(3) The age of the individual at the time of the commission of the crime.
(4) The passage of time since the commission of the crime.
(5) Any evidence of rehabilitation or treatment undertaken by the individual which might mitigate the direct relationship between the criminal conviction and the duties and responsibilities of the profession or occupation sought.
(c) An occupational licensing board that makes determinations pursuant to this section and Section 41-9A-2.1 shall publish on the occupational licensing board’s official website the standards and factors that shall guide the board in making such determinations.
(d) When applying for a license, an applicant may attach to the application a valid order of limited relief granted under Section 12-26-9. A valid order of limited relief shall create a presumption that an individual’s criminal conviction is not directly related to the duties and responsibilities for which a license is required.
(e) This section and Section 41-9A-2.1 do not apply to any licensure requirement imposed by an interstate licensure compact or other interstate mutual recognition licensure requirement imposed by law to which the State of Alabama is subject, or to any licensure requirement imposed by Title 27, Title 8, or Title 5 or by federal law.