Sen Floor amend 1 AM 49 0279 to SB 207

ADOPTED Senator Strickland of the 42nd offered the following amendment #1: Amend the House substitute to SB 207 (LC 59 0181S) by replacing lines 1 through the end with the following: To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating to education, food, drugs, and cosmetics, health, insurance, and professions and businesses, respectively, so as to create a preclearance process in the licensing of individuals with criminal records who make an application to or are investigated by certain licensing boards and commissions; to provide for definitions; to require certain licensing authorities to provide evidence to support adverse licensing decisions based on criminal convictions; to require a hearing prior to denying certain applicants on the basis of an individual's criminal record; to establish findings that shall be made and evidence that shall and shall not be considered prior to refusing to grant certain licenses based on certain criminal convictions; to allow an applicant to submit his or her own criminal record when applying for certain licenses; to provide for reapplication for licensure; to authorize and provide a process and requirements for predetermination decisions; to require certain licensure application information be included in certain applications and posted on a public website; to require certain annual reports concerning certain applications, predeterminations, and conviction records to be filed with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide for the reporting of guilty pleas taken under first offender treatment to obtain employment as a firefighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Crime Information Center, so as to provide for criminal history record information restrictions for certain persons charged with or convicted of certain criminal offenses; to provide that restricted criminal history record information shall be available to criminal justice agencies; to provide for petitions; to provide for criminal history record information restriction for persons granted a pardon for certain offenses; to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to revise the procedure for petitioning for exoneration and discharge when an individual has qualified for sentencing as a first offender; to provide for exceptions to retroactively granting first offender treatment; to amend Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of sentence for trafficking victim defendants, so as to provide for filing under seal; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-1, relating to definitions, as follows: "43-1-1. As used in this title, the term: (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of such finding, verdict, or plea has been sought. (2) 'Covered misdemeanor' means any: (A) Misdemeanor conviction in the five years prior to the submission of the licensing application; and (B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37, irrespective of the date of such conviction. (1)(3) 'Division' means the professional licensing boards division created under Code Section 43-1-2. (2)(4) 'Division director' means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State. (5) 'Felony' means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (3)(6) 'Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the division director of the professional licensing boards division within the office of the Secretary of State." SECTION 1-2. Said title is further amended in Code Section 43-1-19, relating to a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and probationary licenses, by adding a new subsection to read as follows: "(a.1) Before the professional licensing board may deny an applicant a license under subsection (a) of this Code section due to his or her criminal record, such applicant shall be entitled to a hearing before the professional licensing board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 1-3. Said title is further amended in Code Section 43-1-19, relating to a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and probationary licenses, by revising subsection (j) as follows: "(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant." SECTION 1-4. Said title is further amended in Code Section 43-1-19, relating to a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and probationary licenses, by revising subsection (q) as follows: "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, and unless the professional licensing board shall refuse to grant a license to an individual or shall revoke a license only if a felony or crime involving moral turpitude covered misdemeanor directly relates to the occupation for which the license is sought or held, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of an individual licensed by that board due solely or in part to such applicant's or licensee's: (A) Conviction of any felony or any crime involving moral turpitude covered misdemeanor, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States; (B) Arrest, charge, and sentence for the commission of such offense; (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws; (D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section 16-13-2; (E) Sentence for such offense as a result of a plea of nolo contendere; (F) Adjudication of guilt or sentence was otherwise withheld or not entered; or (G) Being under supervision by a community supervision officer, as such term is defined in Code Section 42-3-1, for a conviction of any felony or any crime involving moral turpitude covered misdemeanor, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States, so long as such individual was not convicted of a felony violation of Chapter 5 of Title 16 nor convicted of a crime requiring registration on the state sexual offender registry. (2) In determining if a felony or crime involving moral turpitude covered misdemeanor directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider: (A) The nature and seriousness of such felony or crime involving moral turpitude covered misdemeanor and the relationship of such felony or crime involving moral turpitude the criminal conduct to the duties and responsibilities of the occupation for which the license is sought or held; (B) The age of the individual at the time such felony or crime involving moral turpitude covered misdemeanor was committed; (C) The length of time elapsed since such felony or crime involving moral turpitude covered misdemeanor was committed; (D) All circumstances relative to such felony or crime involving moral turpitude covered misdemeanor, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of such felony or crime involving moral turpitude covered misdemeanor; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held., including, but not limited to: (i) The completion of the criminal sentence; (ii) A program and treatment certificate issued by the Board of Corrections; (iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program; (iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer; (v) Education and training; (vi) Employment history; (vii) Employment aspirations; (viii) The individual's current family or community responsibilities, or both; (ix) Whether a bond is required to practice the occupation; (x) Any affidavits or other written documents, including, but not limited to, character references; and (xi) Any other information regarding rehabilitation the individual submits to the board. (3) Notwithstanding any other provision of law, a professional licensing board shall provide individualized consideration of an individual's criminal record and shall not automatically deny licensure on the basis of the individual's criminal record. (4)(A) If an applicant's criminal record includes issues that will or may prevent the board from issuing a license to the applicant, the board shall notify the applicant, in writing, of the specific issues in sufficient time for the applicant to provide additional documentation supporting the application before the board's final decision to deny the application. After receiving notice of any potential issue with licensure due to his or her criminal convictions, an applicant shall have 30 days to respond by correcting any inaccuracy in the criminal record or by submitting additional evidence of mitigation or rehabilitation for the board's consideration, or both. (B) For the professional licensing board to deny a license on the basis of the applicant's criminal convictions, the board shall first provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The applicant shall have the opportunity at such hearing to present the written or oral testimony of character witnesses, including, but not limited to, family members, friends, prospective employers, probation or parole officers, and rehabilitation counselors. The professional licensing board shall issue a decision within 60 days of the complete submission of the issues for consideration or the hearing, whichever is later. (C) The professional licensing board shall have the burden of justifying, after a hearing, that it is more likely than not that an applicant's criminal record supports any adverse licensing decision. If the board denies an applicant a license by reason of the applicant's criminal record, the board shall: (i) Make written findings specifying any of the applicant's convictions and the factors provided for in paragraph (2) of this subsection the board deemed directly relevant and explaining the basis and rationale for the denial. Such written findings shall be signed by the board's presiding officer and shall note the applicant's right to appeal and explain the applicant's ability to reapply. No applicant shall be restricted from reapplying for licensure more than two years from the date of the most recent application; (ii) Provide or serve a signed copy of the written findings to the applicant within 60 days of the denial; and (iii) Retain a signed copy of the written findings for no less than five years. (D) The denial of a license in part or in whole because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a license, the professional licensing board shall have the burden of proving that the applicant's criminal record directly relates to the occupation for which the license is sought. (5)(A) Notwithstanding any other provision of law, an individual with a criminal record may petition a professional licensing board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether such individual's criminal record will disqualify him or her from obtaining a license. (B) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. Such petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (C) In considering predetermination petitions, the professional licensing board shall apply the direct relationship standard in paragraphs (1) and (2) of this subsection. The board shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (D) A predetermination made under this paragraph that a petitioner is eligible for a license shall be binding on the professional licensing board only if the petitioner applies for licensure and fulfills all other requirements for the occupational license and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license. (E) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both. (F) The professional licensing board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to offer written or oral testimony of character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors. The professional licensing board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later. (G) If the professional licensing board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following: (i) The grounds and rationale for the predetermination, including any of the petitioner's specific convictions and the factors in paragraph (2) of this subsection the board deemed directly relevant; (ii) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (iii) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier. (H) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a predetermination petition, the professional licensing board shall have the burden of proving that the applicant's criminal record directly relates to the licensed occupation. (6) Each professional licensing board shall include in its application for licensure and on its public website all of the following information: (A) Whether the board requires applicants to consent to a criminal record check; (B) The direct relationship standard in paragraph (1) of this subsection and those factors provided for in paragraph (2) of this subsection that the board shall consider when making a determination of licensure; (C) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the board denies or revokes licensure in whole or in part because of a criminal conviction; and (D) The predetermination petition process, standards, and application, as well as the process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (7) No later than March 31 each year, each occupational licensing board shall file with the Secretary of State an annual report containing information from the previous year as to: (A) The number of applicants for a license and, of that number, the number of licenses granted; (B) The number of applicants with a criminal record and, of that number, the number of licenses granted, denied a license for any reason, and denied a license due to a conviction or state supervision status; and (C) The number of predetermination petitioners and, of that number, the number deemed eligible for a license and the number deemed ineligible for a license." SECTION 1-5. Said title is further amended by revising Code Section 43-1-27, relating to requirement that licensee notify licensing authority of felony conviction, as follows: "43-1-27. Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession." SECTION 1-6. Said title is further amended by revising Code Section 43-15-19, relating to revocation, suspension, or denial of certificates, certificates of registration, or licenses, and reprimands, as follows: "43-15-19. (a) The board shall have the power, after notice and hearing, to deny any application made to it, to revoke or suspend any certificate, certificate of registration, or license issued by it, or to reprimand any individual holding a certificate, certificate of registration, or license issued by it, upon the following grounds: (1) Commission of any fraud or deceit in obtaining a certificate, certificate of registration, or license; (2) Any gross negligence, incompetency, or unprofessional conduct in the practice of professional engineering or land surveying as a professional engineer or a professional land surveyor, respectively; (3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section 43-15-22; (4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as defined in Code Section 43-1-1 in the courts of this state, the United States, or any state or territory of the United States or the conviction of an offense in another jurisdiction which, if committed in this state, would be deemed a felony. 'Conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or statute but shall not include a conviction that has been pardoned; or (5) Any violation of this chapter or any rule or regulation promulgated by the board pursuant to the powers conferred on it by this chapter. (b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code section, includes a violation of those standards of professional conduct for professional engineers and professional land surveyors adopted by the board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this chapter." SECTION 1-7. Said title is further amended by adding a new Code section to read as follows: "43-15-19.1. (a) Notwithstanding any other provision of law, an individual with a criminal record may petition the board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license. (b) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (c) The board shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (d) A predetermination made under this Code section that a petitioner is eligible for a license shall be binding on the board only if the petitioner applies for licensure and fulfills all other requirements for the licensure and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license. (e) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both. (f) The board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to include character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors, who may offer their verbal or written support. The board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later. (g) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following: (1) The grounds and rationale for the predetermination, including the specific convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board deemed directly relevant; (2) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (3) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier. (h) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a predetermination petition, the board shall have the burden of proving that the applicant's criminal record directly relates to the licensed occupation." PART II SECTION 2-1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Chapter 3, relating to accountants, by adding a new Code section to read as follows: "43-3-21.1. (a) Notwithstanding any other provision of law, an individual with a criminal record may petition the accountancy board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license. (b) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (c) The board shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (d) A predetermination made under this Code section that a petitioner is eligible for a license shall be binding on the board only if the petitioner applies for licensure and fulfills all other requirements for the licensure and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license. (e) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both. (f) The board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to include character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors, who may offer their verbal or written support. The board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later. (g) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following: (1) The grounds and rationale for the predetermination, including the specific convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed directly relevant; (2) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (3) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier. (h) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a predetermination petition, the board shall have the burden of proving that the applicant's criminal record directly relates to the licensed occupation." SECTION 2-2. Said title is further amended in Code Section 43-3-27, relating to notification by an individual issued a license or certification as an accountant of conviction, time limit, and suspension, by revising subsection (a) as follows: "(a) Any individual issued a license or certification under this chapter or providing services under substantial equivalency practice privileges and convicted under the laws of this state, the United States, any other state, or any other country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board of such conviction within 30 days of such conviction. The failure of such individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or other authorization issued pursuant to this chapter." SECTION 2-3. Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or revocation of chiropractor licenses, subpoenas, other discipline, judicial review, reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by revising paragraphs (3) and (4) of subsection (a) as follows: "(3) Been convicted of any felony or covered misdemeanor of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Any such record shall be considered in the manner prescribed by subsection (q) of Code Section 43-1-19; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, covered misdemeanor where such record is considered in the manner prescribed by subsection (q) of Code Section 43-1-19 and: (A) A plea of nolo contendere was entered to the charge; or (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or The licensee or applicant is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2. (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;" SECTION 2-4. Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering or the practice of a cosmetologist in prisons and certification of registration, by revising subsection (b) as follows: "(b) The board shall be required to test an inmate who is an applicant for a certificate or registration under this chapter who has completed successfully a barber or cosmetologist training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate." SECTION 2-5. Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial review, investigations, immunity, failure to appear, and voluntary surrender, by adding a new subsection to read as follows: "(a.1)(1) Notwithstanding any other provision of law, an individual with a criminal record may petition the board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license. (2) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (3) The board shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (4) A predetermination made under this subsection that a petitioner is eligible for a license shall be binding on the board only if the petitioner applies for licensure and fulfills all other requirements for the occupational licensure and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license. (5) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both. (6) The board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to include character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors, who may offer their verbal or written support. The board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later. (7) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following: (A) The grounds and rationale for the predetermination, including the specific convictions and the factors in subsection (a) of this Code section the board deemed directly relevant; (B) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (C) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier. (8) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a predetermination petition, the board shall have the burden of proving that the applicant's criminal record directly relates to the licensed occupation." SECTION 2-6. Said title is further amended by adding a new subsection to Code Section 43-11-71, relating to qualifications of applicants for license and criminal background check, to read as follows: "(c)(1) Notwithstanding any other provision of law, an individual with a criminal record may petition the board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license. (2) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (3) The board shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (4) A predetermination made under this subsection that a petitioner is eligible for a license shall be binding on the board only if the petitioner applies for licensure and fulfills all other requirements for the occupational licensure and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license. (5) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both. (6) The board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to include character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors, who may offer their verbal or written support. The board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later. (7) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following: (A) The grounds and rationale for the predetermination, including the specific convictions and the factors in subsection (a) of this Code section the board deemed directly relevant; (B) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (C) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier. (8) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a predetermination petition, the board shall have the burden of proving that the applicant's criminal record directly relates to the licensed occupation." SECTION 2-7. Said title is further amended by revising Code Section 43-18-46, relating to grounds for denial or revocation of license or registration and other discipline for funeral directors and embalmers, as follows: "43-18-46. In addition to the authority and provided in Code Section 43-1-19, the board may refuse to grant a license to operate a funeral establishment or to practice embalming or funeral directing, may refuse to grant a registration to serve as an apprentice, or may revoke, suspend, fine, or otherwise discipline a licensee or registrant upon any of the following grounds: (1) The employment of fraud or deception in applying for a license or registration or in passing the examination provided for in this article; (2) Issuance of a license or registration through error; (3) Conviction of a crime involving moral turpitude; (4)(3) The practice of embalming or funeral directing under a false name or the impersonation of another embalmer, funeral director, or apprentice of a like or different name; (5)(4) The making of a false statement or representation regarding the qualifications, training, or experience of any applicant; (6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise; (7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying business or paying a commission or making gifts, directly or indirectly, for the purpose of securing business to any physician or hospital, or to any institution where death occurs, or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing home, or other institution where death occurs; or to any coroner or other government official; (8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral directing, or cremating; (9)(8) Signing a death certificate as having embalmed or prepared a body for burial or preservation when in fact someone else performed such embalming or preparation; (10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral director having legal charge of a dead human body; (11)(10) Using any statements that mislead or deceive the public including, but not limited to, false or misleading statements regarding a legal or cemetery requirement, funeral merchandise, funeral services, or in the operation of a funeral establishment; (12)(11) Failing to fulfill the terms of a funeral service contract; (13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality unless compelled by law to do otherwise; (14)(13) Using profane, indecent, or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed; (15)(14) Failing to turn assigned benefits in excess of charges incurred over to the assignee of the deceased within ten working days of receipt of the assigned funds; (16)(15) Refusing to surrender promptly the custody of a dead human body upon the express order of the person lawfully entitled to the custody; (17)(16) Failing to have the charges rendered to be in compliance with those listed in the funeral establishment general price list, the casket price list, the outer burial container list, or the funeral service contract price list; (18)(17) Aiding or abetting an unlicensed person to practice under this article; (19)(18) Promoting or participating in a burial society, burial association, burial certificate plan, or burial membership plan; (20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1; Soliciting; (21)(20) Presenting a false certification of work done by an apprentice or as an apprentice; (22)(21) Willfully violating any state law or regulation; Federal Trade Commission law or regulation; Occupational Safety and Health Administration law or regulation; Department of Public Health law or regulation; Environmental Protection Agency law or regulation; or municipal or county ordinance or regulation that affects the handling, custody, care, or transportation of dead human bodies, including, but not limited to, the disposal of equipment, residual fluids, or medical wastes; (23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent representation in the practice of funeral directing or embalming or in any document connected therewith; (24)(23) Discriminating in the provision of services because of race, creed, color, religion, gender, or national origin; (25)(24) Failing to safeguard all personal properties that were obtained from dead human remains and failing to dispose of same as directed by a legally authorized person; (26)(25) Failing to refund moneys due as a result of overpayment by an insurance company or other third party; (27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice that materially affects the fitness of the licensee or registrant to practice in the funeral business, or is of a nature likely to jeopardize the interest of the general public, which conduct or practice and that need not have resulted in actual injury to any person or be directly related to the practice of funeral directing or embalming but shows that the person has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional untrustworthiness. Unprofessional conduct shall also include any departure from or failure to conform to the minimal reasonable standards of acceptable and prevailing practice of funeral services; (28)(27) Engaging in any practice whereby a person who is both a funeral director and a coroner or who is both a funeral director and a minister presents that person as a funeral director to a legally authorized person when death is imminent or after death occurs prior to when the legally authorized person selects a funeral director or funeral establishment which will handle the dead human body; (29)(28) Practicing embalming or funeral directing or operating a funeral establishment or crematory prior to the board's having approved an application for licensure; or (30)(29) Failing to satisfy the funeral director in full and continuous charge requirements as set out in Code Section 43-18-71 or funeral establishment requirements as set out in Code Section 43-18-70." SECTION 2-8. Said title is further amended in Code Section 43-24A-9, relating to provisional permits for massage therapists, by revising subsection (a) as follows: "(a) A provisional permit to practice as a provisionally permitted massage therapist shall, upon proper application, be issued for a six-month period to an applicant who meets the following criteria: (1) Holds and maintains a valid license as a massage therapist in another state; (2) Is not a resident of this state as confirmed in a secure and verifiable document, as defined in Code Section 50-36-2; (3) Has not had a license or permit to practice as a massage therapist voided, revoked, suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and (4) Has not been convicted of a directly related felony in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to such charge or the affording of first offender treatment to any such charge a plea to such charge for which an individual is currently serving a first offender sentence in the same manner as provided in paragraph (4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this paragraph, the term 'felony' shall have the same meaning a provided in Code Section 43-1-1." SECTION 2-9. Said title is further amended in Code Section 43-26-40, relating to refusal to grant license and revocation of registered practical nurses and disciplining of licensees, by adding a new subsection to read as follows: "(c) Notwithstanding any other provision of this Code section, the denial of an initial license or the denial of a request for reinstatement of a license on the grounds that the applicant or licensee is disqualified due to a criminal record shall be in accordance with subsection (a.1) of Code Section 43-1-19." SECTION 2-10. Said title is further amended in Code Section 43-34-8, relating to the authority of the Composite Medical Board to refuse license, certificate, or permit medical professionals or to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and publication of final disciplinary actions, by adding a new subsection to read as follows: "(a.3)(1) Notwithstanding any other provision of law, an individual with a criminal record may petition the board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license. (2) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (3) The board shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (4) A predetermination made under this subsection that a petitioner is eligible for a license shall be binding on the board only if the petitioner applies for licensure and fulfills all other requirements for the occupational license and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license. (5) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both. (6) The board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to include character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors, who may offer their verbal or written support. The board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later. (7) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following: (A) The grounds and rationale for the predetermination, including any of the petitioner's specific convictions and the factors provided for in subsection (a) of this Code section the board deemed directly relevant; (B) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (C) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier. (8) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing or civil action reviewing the denial of a predetermination petition, the board shall have the burden of proving that the applicant's criminal record directly relates to the licensed occupation." SECTION 2-11. Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by revising subsection (b) as follows: "(b)(1) As used in this subsection, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude covered misdemeanor, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude covered misdemeanor. (B) 'Felony' means any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. (1.1) No person who has a directly related conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) The board shall recommend disciplinary action or denial of an application for licensure or approval authorized by this chapter on the basis of a criminal conviction or adjudication only if the conviction or adjudication directly relates to the role of an appraiser. In determining if a criminal conviction or adjudication directly relates to the role of an appraiser, the board shall consider: (A) The nature and seriousness of the crime and the direct relationship of the criminal conduct to the duties and responsibilities of the appraiser; (B) The age of the individual at the time such crime was committed; (C) The length of time elapsed since such crime was committed; (D) All circumstances relative to such crime, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the offense; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held, including, but not limited to: (i) The completion of the criminal sentence; (ii) A program and treatment certificate issued by the Board of Corrections; (iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program; (iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer; (v) Education and training; (vi) Employment history; (vii) Employment aspirations; (viii) The individual's current family or community responsibilities, or both; (ix) Any affidavits or other written documents, including, but not limited to, character references; and (x) Any other information regarding rehabilitation the individual submits to the board. The board shall have the burden of justifying that it is more likely than not that a criminal record supports an adverse licensing decision. (1.3) In determining whether to terminate and revoke a license, the board shall not consider nor require an individual to disclose: (A) A deferred adjudication, discharged first offender treatment, completed diversion program, completed conditional discharge, or arrest not followed by a conviction; (B) A conviction for which no sentence of incarceration can be imposed; (C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or pardoned, provided that the board may consider a plea for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or (D) A juvenile adjudication. (1.2)(1.4) A person who has a directly related conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if: (A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude covered misdemeanor, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation violation, or a crime involving moral turpitude covered misdemeanor are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any classification or approval authorized by this chapter has been convicted in a court of competent jurisdiction of this state or any other state of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude, such conviction in itself may be a sufficient ground for refusal of a classification or approval. An applicant for any classification or approval authorized by this chapter who has been convicted of any offense enumerated in this paragraph may be issued a classification or approval by the board only if: (A) The time periods identified in paragraph (1.1) of this subsection have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public." SECTION 2-12. Said title is further amended in Code Section 43-40-15, relating to grant of licenses for brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by revising subsection (b) as follows: "(b)(1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude covered misdemeanor, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude covered misdemeanor. (B) 'Felony' means any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. (1.1) No person who has a directly related conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) The commission shall recommend disciplinary action or denial of an application for a licensure or approval authorized by this chapter on the basis of a criminal conviction or adjudication only if the conviction or adjudication directly relates to the role of the license sought. In determining if a criminal conviction or adjudication directly relates to the role of a broker or real estate salesperson, the commission shall consider: (A) The nature and seriousness of the crime and the direct relationship of the criminal conduct to the duties and responsibilities of the licensee; (B) The age of the individual at the time such crime was committed; (C) The length of time elapsed since such crime was committed; (D) All circumstances relative to such crime, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the offense; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held, including, but not limited to: (i) The completion of the criminal sentence; (ii) A program and treatment certificate issued by the Board of Corrections; (iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program; (iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer; (v) Education and training; (vi) Employment history; (vii) Employment aspirations; (viii) The individual's current family or community responsibilities, or both; (ix) Any affidavits or other written documents, including, but not limited to, character references; and (x) Any other information regarding rehabilitation the individual submits to the commission. The commission shall have the burden of justifying that it is more likely than not that a conviction supports an adverse licensing decision. (1.3) In determining whether to terminate and revoke a license, the commission shall not consider nor require an individual to disclose: (A) A deferred adjudication, discharged first offender treatment, completed diversion program, completed conditional discharge, or arrest not followed by a conviction; (B) A conviction for which no sentence of incarceration can be imposed; (C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or pardoned, provided that the commission may consider a plea for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or (D) A juvenile adjudication. (1.2)(1.4) A person who has a directly related conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if: (A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude covered misdemeanor, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation violation, or a crime involving moral turpitude covered misdemeanor are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any license or approval authorized by this chapter has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this state or any other state such conviction in itself may be sufficient ground for refusal of a license or approval authorized by this chapter. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this paragraph may be licensed by the commission as an associate broker or a broker only if: (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public." SECTION 2-13. Said title is further amended in Code Section 43-45-9, relating to examination for structural pest control operator certification by the Structural Pest Control Commission, by revising subsection (a) as follows: "(a)(1) All applicants for examination for certification as an operator must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood-destroying organisms, and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. The commission may refuse to examine anyone convicted of a crime involving moral turpitude directly related felony or directly related covered misdemeanor. (2) The commission shall refuse to examine an applicant on the basis of a criminal record only if the criminal record directly relates to the role of an operator. In determining if a criminal record directly relates to the role of a pest control operator, the commission shall consider: (A) The nature and seriousness of the crime and the direct relationship of the criminal conduct to the duties and responsibilities of the operator; (B) The age of the individual at the time such crime was committed; (C) The length of time elapsed since such crime was committed; (D) All circumstances relative to such crime, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the offense; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the certificate is sought or held, including, but not limited to: (i) The completion of the criminal sentence; (ii) A program and treatment certificate issued by the Board of Corrections; (iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program; (iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer; (v) Education and training; (vi) Employment history; (vii) Employment aspirations; (viii) The individual's current family or community responsibilities, or both; (ix) Whether a bond is required to practice the occupation; (x) Any affidavits or other written documents, including, but not limited to, character references; and (xi) Any other information regarding rehabilitation the individual submits to the commission. (3) In determining whether to refuse to examine an applicant, the commission shall not consider nor require an individual to disclose: (A) A deferred adjudication, discharged first offender treatment, completed diversion program, completed conditional discharge, or arrest not followed by a conviction; (B) A conviction for which no sentence of incarceration can be imposed; (C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or pardoned, provided that the commission may consider a plea for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; (D) A juvenile adjudication; (E) A misdemeanor conviction older than five years, unless the offense of conviction is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or (F) A conviction older than five years for which the individual was not incarcerated, or a conviction for which the individual's incarceration ended more than five years before the date of the commission's consideration, except for a felony conviction related to: (i) A criminal sexual act; (ii) Criminal fraud or embezzlement; (iii) Aggravated assault; (iv) Aggravated robbery; (v) Aggravated abuse, neglect, or endangerment of a child; (vi) Arson; (vii) Carjacking; (viii) Kidnapping; or (ix) Manslaughter, homicide, or murder. (4)(A) Notwithstanding any other provision of law, an individual with a criminal record may petition the commission at any time, including while incarcerated and before starting or completing any required professional qualifications for certification, for a predetermination as to whether the individual's criminal record will disqualify such individual from obtaining a certification as an operator. (B) The petition for predetermination shall include the individual's criminal record or authorize the commission to obtain the individual's criminal record. The petitioning individual need not disclose any offenses falling under paragraph (3) of this subsection. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation. (C) In considering predetermination petitions, the commission shall apply the direct relationship standard in paragraph (2) of this subsection and shall not consider any offenses falling under paragraph (3) of this subsection. The commission shall support any adverse predetermination by justifying that it is more likely than not that a criminal record supports an adverse certification decision. 1000 (D) A predetermination made under this paragraph that a petitioner is eligible for a 1001 certification shall be binding on the commission only if the petitioner applies for 1002 certification and fulfills all other requirements for operator certification and the 1003 petitioner's submitted criminal record was correct and remains unchanged at the time 1004 of his or her application for certification. 1005 (E) If a petitioner's criminal record includes matters that may disqualify the petitioner 1006 from certification, the commission shall notify the petitioner of the potentially 1007 disqualifying convictions. The letter of concern shall advise the petitioner of his or her 1008 opportunity to submit additional evidence of rehabilitation and mitigation or for a 1009 hearing, or both. 1010 (F) The commission may predetermine that the petitioner's criminal record is likely 1011 grounds for denial of certification only after the commission has held a hearing on the 1012 petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia 1013 Administrative Procedure Act.' The hearing shall be held in person, by remote video, 1014 or by teleconference within 60 days of receipt of the predetermination petition. The 1015 individual shall have the opportunity to include character witnesses at the hearing, 1016 including but not limited to family members, friends, past or prospective employers, 1017 probation or parole officers, and rehabilitation counselors, who may offer their verbal 1018 or written support. The commission shall not make an adverse inference by a 1019 petitioner's decision to forgo a hearing or character witnesses. The commission shall 1020 issue a final decision within 60 days of complete submission of the issue for 1021 consideration or the hearing, whichever is later. 1022 (G) If the commission decides that a predetermination petitioner is ineligible for a 1023 license, the commission shall notify the petitioner of the following: 1024 (i) The grounds and rationale for the predetermination, including any of the 1025 petitioner's specific convictions and the factors provided for in paragraph (2) of this 1026 subsection the commission deemed directly relevant; 1027 (ii) An explanation of the process and right to appeal the commission's 1028 predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative 1029 Procedure Act'; and 1030 (iii) Any actions the petitioner may take to remedy the disqualification. An 1031 individual who receives a predetermination of ineligibility may submit a revised 1032 petition reflecting completion of the remedial actions. The individual may submit a 1033 new petition to the commission not before one year following a final judgment on his 1034 or her initial petition or upon completing the remedial actions, whichever is earlier. 1035 (H) The denial of a predetermination petition because of the applicant's criminal record 1036 shall constitute a contested case as defined in Code Section 50-13-2. In an 1037 administrative hearing or civil action reviewing the denial of a predetermination 1038 petition, the commission shall have the burden of proving that the applicant's criminal 1039 record directly relates to the licensed occupation." 1040 PART III 1041 SECTION 3-1. 1042 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 1043 Part 10 of Article 17 of Chapter 2, relating to professional standards, by adding a new 1044 subsection to Code Section 20-2-984.3, relating to preliminary investigation of violations by 1045 the Professional Standards Commission, requirement for automatic investigation, and 1046 investigation of sexual offenses, to read as follows: 1047 "(e)(1) Notwithstanding any other provision of law, an individual with a criminal record 1048 may petition the commission at any time, including while incarcerated and before starting 1049 or completing any required professional qualifications for certification, for a 1050 predetermination as to whether the individual's criminal record will disqualify him or her 1051 from obtaining a certificate. 1052 (2) The petition for predetermination shall include the individual's criminal record or 1053 authorize the commission to obtain the individual's criminal record. The petition shall 1054 also include any information the petitioner chooses to submit concerning the 1055 circumstances of his or her record and his or her rehabilitation. 1056 (3) The commission shall support any adverse predetermination by justifying that it is 1057 more likely than not that a criminal record supports an adverse certification decision. 1058 (4) A predetermination made under this subsection that a petitioner is eligible for a 1059 certificate shall be binding on the commission only if the petitioner applies for 1060 certification and fulfills all other requirements for the certificate and the petitioner's 1061 submitted criminal record was correct and remains unchanged at the time of his or her 1062 application for a certificate. 1063 (5) If a petitioner's criminal record includes matters that may disqualify the petitioner 1064 from certification, the commission shall notify the petitioner of the potentially 1065 disqualifying convictions. The letter of concern shall advise the petitioner of his or her 1066 opportunity to submit additional evidence of rehabilitation and mitigation or for a 1067 hearing, or both. 1068 (6) The commission may predetermine that the petitioner's criminal record is likely 1069 grounds for denial of a license only after the commission has held a hearing on the 1070 petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia 1071 Administrative Procedure Act.' The hearing shall be held in person, by remote video, or 1072 by teleconference within 60 days of receipt of the predetermination petition. The 1073 individual shall have the opportunity to include character witnesses at the hearing, 1074 including but not limited to family members, friends, past or prospective employers, 1075 probation or parole officers, and rehabilitation counselors, who may offer their verbal or 1076 written support. The commission shall not make an adverse inference by a petitioner's 1077 decision to forgo a hearing or character witnesses. The commission shall issue a final 1078 decision within 60 days of complete submission of the issue for consideration or the 1079 hearing, whichever is later. 1080 (7) If the commission decides that a predetermination petitioner is ineligible for a 1081 certificate, the commission shall notify the petitioner of the following: 1082 (A) The grounds and rationale for the predetermination, including any specific 1083 convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the 1084 commission deemed directly relevant; 1085 (B) An explanation of the process and right to appeal the commission's 1086 predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative 1087 Procedure Act'; and 1088 (C) Any actions the petitioner may take to remedy the disqualification. An individual 1089 who receives a predetermination of ineligibility may submit a revised petition reflecting 1090 completion of the remedial actions. The individual may submit a new petition to the 1091 commission not before one year following a final judgment on his or her initial petition 1092 or upon completing the remedial actions, whichever is earlier. 1093 (8) The denial of a predetermination petition because of the applicant's criminal record 1094 shall constitute a contested case as defined in Code Section 50-13-2. In an administrative 1095 hearing or civil action reviewing the denial of a predetermination petition, the 1096 commission shall have the burden of proving that the applicant's criminal record directly 1097 relates to the licensed occupation." 1098 PART IV 1099 SECTION 4-1. 1100 Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, 1101 is amended in Article 4 of Chapter 4, relating to discipline relative to pharmacists and 1102 pharmacies, by adding a new Code section to read as follows: 1103 "26-4-60.1. 1104 (a) Notwithstanding any other provision of law, an individual with a criminal record may 1105 petition the board of pharmacy at any time, including while incarcerated and before starting 1106 or completing any required professional qualifications for licensure, for a predetermination 1107 as to whether the individual's criminal record will disqualify him or her from obtaining a 1108 license. 1109 (b) The petition for predetermination shall include the individual's criminal record or 1110 authorize the board to obtain the individual's criminal record. The petition shall also 1111 include any information the petitioner chooses to submit concerning the circumstances of 1112 his or her record and his or her rehabilitation. 1113 (c) The board shall support any adverse predetermination by justifying that it is more 1114 likely than not that a criminal record supports an adverse licensing decision. 1115 (d) A predetermination made under this Code section that a petitioner is eligible for a 1116 license shall be binding on the board only if the petitioner applies for licensure and fulfills 1117 all other requirements for the licensure and the petitioner's submitted criminal record was 1118 correct and remains unchanged at the time of his or her application for a license. 1119 (e) If a petitioner's criminal record includes matters that may disqualify the petitioner from 1120 licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 1121 The letter of concern shall advise the petitioner of his or her opportunity to submit 1122 additional evidence of rehabilitation and mitigation or for a hearing, or both. 1123 (f) The board may predetermine that the petitioner's criminal record is likely grounds for 1124 denial of a license only after the board has held a hearing on the petitioner's eligibility in 1125 accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The 1126 hearing shall be held in person, by remote video, or by teleconference within 60 days of 1127 receipt of the predetermination petition. The individual shall have the opportunity to 1128 include character witnesses at the hearing, including but not limited to family members, 1129 friends, past or prospective employers, probation or parole officers, and rehabilitation 1130 counselors, who may offer their verbal or written support. The board shall not make an 1131 adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The 1132 board shall issue a final decision within 60 days of complete submission of the issue for 1133 consideration or the hearing, whichever is later. 1134 (g) If the board decides that a predetermination petitioner is ineligible for a license, the 1135 board shall notify the petitioner of the following: 1136 (1) The grounds and rationale for the predetermination, including the specific 1137 convictions and the factors in subsection (a) of Code Section 26-4-60 the board deemed 1138 directly relevant; 1139 (2) An explanation of the process and right to appeal the board's predetermination 1140 decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and 1141 (3) Any actions the petitioner may take to remedy the disqualification. An individual 1142 who receives a predetermination of ineligibility may submit a revised petition reflecting 1143 completion of the remedial actions. The individual may submit a new petition to the 1144 board not before one year following a final judgment on his or her initial petition or upon 1145 completing the remedial actions, whichever is earlier. 1146 (h) The denial of a predetermination petition because of the applicant's criminal record 1147 shall constitute a contested case as defined in Code Section 50-13-2. In an administrative 1148 hearing or civil action reviewing the denial of a predetermination petition, the board shall 1149 have the burden of proving that the applicant's criminal record directly relates to the 1150 licensed occupation." 1151 PART V 1152 SECTION 5-1. 1153 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code 1154 Section 31-7-351, relating to definitions relative to the Georgia long-term care background 1155 check program, by revising paragraph (5) as follows: 1156 "(5)(A) 'Criminal record' means any of the following: 1157 (i) Conviction of a crime; 1158 (ii) Arrest, charge, and sentencing for a crime when: 1159 (I) A plea of nolo contendere was entered to the crime; 1160 (II) First offender treatment without adjudication of guilt was granted to the crime; 1161 or 1162 (III) Adjudication or sentence was otherwise withheld or not entered for the crime; 1163 or 1164 (iii) Arrest and charges for a crime if the charge is pending, unless the time for 1165 prosecuting such crime has expired pursuant to Chapter 3 of Title 17. 1166 (B) Such term shall not include an owner, applicant, or employee for which at least ten 1167 years have elapsed from the date of his or her criminal background check since the 1168 completion of all of the terms of his or her sentence dates of conviction or adjudication; 1169 such term also shall not include an owner, applicant, or employee who has received a 1170 general pardon from the State Board of Pardons and Paroles for the convictions; 1171 provided, however, that such ten-year period exemption or and pardon exemption shall 1172 never apply to any crime identified in subsection (j) of Code Section 42-8-60." 1173 PART VI 1174 SECTION 6-1. 1175 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in 1176 Article 1 of Chapter 23, relating to agents, agencies, subagents, counselors, and adjusters, by 1177 adding two new Code sections to read as follows: 1178 "33-23-21.2. 1179 (a) Notwithstanding any other provision of law, an individual with a criminal record may 1180 petition the Commissioner at any time, including while incarcerated and before starting or 1181 completing any required professional qualifications for licensure, for a predetermination 1182 as to whether the individual's criminal record will disqualify him or her from obtaining a 1183 license. 1184 (b) The petition for predetermination shall include the individual's criminal record or 1185 authorize the Commissioner to obtain the individual's criminal record. The petition shall 1186 also include information submitted by the petitioner concerning the circumstances of his 1187 or her record and his or her rehabilitation. 1188 (c) A predetermination made under this Code section that a petitioner is eligible for a 1189 license shall be binding on the Commissioner only if the petitioner applies for licensure and 1190 fulfills all other requirements for the licensure and the petitioner's submitted criminal 1191 record was correct and remains unchanged at the time of his or her application for a license. 1192 (d) If a petitioner's criminal record includes matters that may disqualify the petitioner from 1193 licensure, the Commissioner shall provide notice and opportunity for a hearing in 1194 accordance with Chapter 2 of this title. 1195 (e) If, after notice and the opportunity for a hearing, the Commissioner decides that a 1196 predetermination petitioner is ineligible for a license, the Commissioner shall notify the 1197 petitioner of the following: 1198 (1) The grounds and rationale for the predetermination, including the factors in Code 1199 Section 33-23-21.2 the Commissioner deemed directly relevant; 1200 (2) An explanation of the process and right to appeal the Commissioner's 1201 predetermination decision; and 1202 (3) Any actions the petitioner may take to remedy the disqualification. An individual 1203 who receives a predetermination of ineligibility may submit a revised petition reflecting 1204 completion of the remedial actions. The individual may submit a new petition to the 1205 Commissioner not before one year following a final judgment on his or her initial petition 1206 or upon completing the remedial actions, whichever is earlier." 1207 "33-23-43.11. 1208 (a) Notwithstanding any other provision of law, an individual with a criminal record may 1209 petition the Commissioner at any time, including while incarcerated and before starting or 1210 completing any required professional qualifications for licensure, for a predetermination 1211 as to whether the individual's criminal record will disqualify him or her from obtaining a 1212 public adjuster's license. 1213 (b) The petition for predetermination shall include the individual's criminal record or 1214 authorize the Commissioner to obtain the individual's criminal record. The petition shall 1215 also include information submitted by the petitioner concerning the circumstances of his 1216 or her record and his or her rehabilitation. 1217 (c) A predetermination made under this Code section that a petitioner is eligible for a 1218 license shall be binding on the Commissioner only if the petitioner applies for licensure and 1219 fulfills all other requirements for the licensure and the petitioner's submitted criminal 1220 record was correct and remains unchanged at the time of his or her application for a 1221 license. 1222 (d) If a petitioner's criminal record includes matters that may disqualify the petitioner from 1223 licensure, the Commissioner shall provide notice and opportunity for a hearing in 1224 accordance with Chapter 2 of this title. 1225 (e) If, after notice and the opportunity for a hearing, the Commissioner decides that a 1226 predetermination petitioner is ineligible for a license, the Commissioner shall notify the 1227 petitioner of the following: 1228 (1) The grounds and rationale for the predetermination, including the specific 1229 convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed 1230 directly relevant; 1231 (2) An explanation of the process and right to appeal the Commissioner's 1232 predetermination decision; and 1233 (3) Any actions the petitioner may take to remedy the disqualification. An individual 1234 who receives a predetermination of ineligibility may submit a revised petition reflecting 1235 completion of the remedial actions. The individual may submit a new petition to the 1236 Commissioner not before one year following a final judgment on his or her initial petition 1237 or upon completing the remedial actions, whichever is earlier." 1238 PART VII 1239 SECTION 7-1. 1240 Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter 1241 standards and training, is amended by adding a new subsection to Code Section 25-4-8, 1242 relating to qualifications of firefighters generally, to read as follows: 1243 "(d) A person who pleaded guilty to a felony offense under Article 3 of Chapter 8 of Title 1244 42 and successfully completed the terms of his or her sentence pursuant to Article 3 of 1245 Chapter 8 of Title 42 may, at the council's discretion, be certified and employed as a 1246 firefighter if such person otherwise meets the qualifications set forth in this Code section. 1247 Such person shall provide information on the circumstances underlying the plea of guilty, 1248 as requested by the council, to enable the council to make an informed decision on such 1249 individual's qualification status." 1250 PART VIII 1251 SECTION 8-1. 1252 Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to 1253 Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review 1254 of individual's criminal history record information, definitions, privacy considerations, 1255 written application requesting review, and inspection, by revising paragraph (2) of subsection 1256 (a), divisions (j)(4)(B)(xvi), (j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraphs (j)(4)(C) and 1257 (j)(6)(E), paragraph (7) of subsection (j), and subsections (m) and (v), and by redesignating 1258 paragraphs (1) through (3) of subsection (k) as paragraphs (2) through (4), respectively, and 1259 adding a new paragraph to read as follows: 1260 "(2) 'Entity' means the arresting law enforcement agency, including county and municipal 1261 jails and detention centers, and the Department of Corrections." 1262 "(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of 1263 Chapter 12 of Title 16; or 1264 (xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such 1265 prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud 1266 in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or 1267 (xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40. 1268 (C) An individual shall be limited to filing a petition under this paragraph to a lifetime 1269 maximum of requesting record restriction on two convictions for a misdemeanor or a 1270 series of misdemeanors arising from a single incident. For the purposes of this 1271 subparagraph, the conviction of two or more offenses charged in separate counts of one 1272 or more accusations consolidated for trial shall be deemed to be one conviction. If a 1273 petition under this subsection has been denied, an individual may file a subsequent 1274 petition on the same conviction for a misdemeanor or series of misdemeanors arising 1275 from a single incident after the expiration of two years from the date of the final order 1276 from the previous petition." 1277 "(E) When the petition provided for under subparagraph (A) of this paragraph is filed, 1278 it shall be filed under seal. The clerk of court shall accept a defendant's filing under 1279 seal without need of a court order for any petition provided for under subparagraph (A) 1280 of this paragraph. All subsequent filings, motions, hearings, court recordings, court 1281 transcripts, orders, and related court documents related to such petition shall remain 1282 under seal without need for any additional court order." 1283 "(7) When an individual was convicted in this state of an offense for which that 1284 individual has been granted a pardon from the State Board of Pardons and Paroles as 1285 provided in the Constitution and Code Section 42-9-42, provided that the offense was not 1286 a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual 1287 offense as such term is defined in Code Section 17-10-6.2, and provided, further, that 1288 such individual has not been convicted of any crime in any jurisdiction, excluding any 1289 conviction for a nonserious traffic offense, since the pardon was granted, and provided, 1290 further, that he or she has no pending charged offenses, he or she may petition the court 1291 in which the conviction occurred to restrict access to criminal history record information. 1292 Such court shall maintain jurisdiction over the case for this limited purpose and duration. 1293 Such petition shall be served on the prosecuting attorney. If a hearing is requested, such 1294 hearing shall be held within 90 days of the filing of the petition. If the court finds that the 1295 criteria for such petition are met, the court shall grant an order restricting such criminal 1296 history record information. The court shall hear evidence and shall grant an order 1297 restricting such criminal history record information if it determines that the harm 1298 otherwise resulting to the individual clearly outweighs the public's interest in the criminal 1299 history record information being publicly available." 1300 "(k)(1) Upon an approved restriction, by order or application, pursuant to this Code 1301 section, the prosecuting attorney of the relevant case shall, within 30 days, restrict access 1302 to all such information maintained by the prosecuting attorney for such individual's 1303 offense that has been restricted." 1304 "(m)(1) For criminal history record information maintained by the clerk of court, an 1305 individual who has a record restricted pursuant to Code Section 17-10-21 or this Code 1306 section or an individual who has been cited for a criminal offense but was not arrested 1307 and the charged offense was subsequently dismissed, nolle prossed, or adjudicated as a 1308 violation of a local ordinance may petition the court with original jurisdiction over the 1309 offenses in the county where the clerk of court is located for an order to seal all criminal 1310 history record information maintained by the clerk of court for such individual's charged 1311 offense. Notice of such petition shall be sent to the clerk of court and the prosecuting 1312 attorney. A notice sent by registered or certified mail or statutory overnight delivery shall 1313 be sufficient notice. 1314 (2) The court shall order all criminal history record information in the custody of the 1315 clerk of court, including within any index, to be restricted and unavailable to the public 1316 if the court finds by a preponderance of the evidence that: 1317 (A) The criminal history record information has been restricted pursuant to this Code 1318 section; and 1319 (B) The harm otherwise resulting to the privacy of the individual clearly outweighs the 1320 public interest in the criminal history record information being publicly available. 1321 (3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal 1322 history record information in the custody of the clerk of court, including within any 1323 index, to be restricted and unavailable to the public if the criminal history record has been 1324 restricted pursuant to paragraph (7) of subsection (j) of this Code section. 1325 (4) Within 60 days of the court's order, the clerk of court shall cause every document, 1326 physical or electronic, in its custody, possession, or control to be restricted." 1327 "(v)(1) Information restricted and sealed pursuant to this Code section shall always be 1328 available for inspection, copying, and use: 1329 (A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42; 1330 (B) By the Judicial Qualifications Commission; 1331 (C) By an attorney representing an accused individual who submits a sworn affidavit 1332 to the clerk of court attesting that such information is relevant to a criminal proceeding; 1333 (D) By a prosecuting attorney or a public defender; 1334 (E) Pursuant to a court order; and 1335 (F) By an individual who is the subject of restricted criminal history record information 1336 or sealed court files; and 1337 (G) By criminal justice agencies for law enforcement or criminal investigative 1338 purposes. 1339 (2) The confidentiality of such information shall be maintained insofar as practicable." 1340 PART IX 1341 SECTION 9-1. 1342 Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first 1343 offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and 1344 discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising 1345 paragraph (1) of subsection (a) as follows: 1346 "(a)(1) An individual who qualified for sentencing pursuant to this article but who was 1347 not informed of his or her eligibility for first offender treatment may, with the consent of 1348 the prosecuting attorney, petition the court in which he or she was convicted for 1349 exoneration of guilt and discharge pursuant to this article." 1350 PART X 1351 SECTION 10-1. 1352 Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of 1353 sentence for trafficking victim defendants, is amended by revising subparagraph (a)(2)(C) 1354 and subsection (b) as follows: 1355 "(C) Shall be submitted with a copy of his or her criminal history background check 1356 report conducted by the Georgia Crime Information Center that has been completed no 1357 more than three ten business days prior to the filing of the petition; provided, however, 1358 that the defendant shall not be charged a fee by the Georgia Crime Information Center 1359 for a report produced for purposes of this Code section; and" 1360 "(b) When a petition provided for under subsection (a) of this Code section is filed, it shall 1361 be filed under seal. The clerk of court shall accept defendant's filing under seal without 1362 need of a court order for any petition provided for under subsection (a) of this Code 1363 section. All subsequent filings, motions, hearings, court recordings, court transcripts, 1364 orders, and other court documents related to such petition shall remain under seal without 1365 need for any additional court order." 1366 PART XI 1367 SECTION 11-1. 1368 (a) Except as provided in subsection (b) of this section, this Act shall become effective on 1369 July 1, 2025. 1370 (b) Parts I through VII of this Act shall become effective on January 1, 2026, and shall apply 1371 to all applications for licensure submitted on or after such date. 1372 SECTION 11-2. 1373 All laws and parts of laws in conflict with this Act are repealed.