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:
<ins>(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.
</ins>
<del>(1)(3)</del> 'Division' means the professional licensing boards division created under Code
Section 43-1-2.
<del>(2)(4)</del> '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.
<ins>(5) 'Felony' means any offense which, if committed in this state, would be deemed a
felony, without regard to its designation elsewhere.
</ins> <del>(3)(6)</del> '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 <ins>division</ins> director <del>of the professional
licensing boards division within the office of the Secretary of State."
</del> 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:
<ins>"(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.'"
</ins> 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
<del>nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a
previously denied license</del> 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, <del>and unless</del> <ins>the professional licensing board shall refuse to
grant a license to an individual or shall revoke a license only if</ins> a felony or <del>crime
involving moral turpitude</del> <ins>covered misdemeanor</ins> 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 <del>crime involving moral turpitude</del> <ins>covered
misdemeanor,</ins> 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 <del>crime involving
moral turpitude</del> <ins>covered misdemeanor,</ins> 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 <del>crime involving moral turpitude</del> <ins>covered misdemeanor
</ins> 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 <del>crime involving moral turpitude
</del> <ins>covered misdemeanor</ins> and the relationship of <del>such felony or crime involving moral
turpitude</del> <ins>the criminal conduct</ins> to the <ins>duties and responsibilities of the</ins> occupation for
which the license is sought or held;
(B) The age of the individual at the time such felony or crime involving moral
<del>turpitude</del> <ins>covered misdemeanor</ins> was committed;
(C) The length of time elapsed since such felony or <del>crime involving moral turpitude
</del> <ins>covered misdemeanor</ins> was committed;
(D) All circumstances relative to such felony or <del>crime involving moral turpitude
</del> <ins>covered misdemeanor,</ins> including, but not limited to, mitigating circumstances or social
conditions surrounding the commission of such felony or <del>crime involving moral
turpitude</del> <ins>covered misdemeanor;</ins> and
(E) Evidence of rehabilitation and present fitness to perform the duties of the
occupation for which the license is sought or held., <ins>including, but not limited to:
</ins>
<ins>(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.
</ins>
<ins>(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
</ins>
<ins>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
</ins>
<ins>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.
</ins>
<ins>(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."
</ins> 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 <del>paragraph (3) of subsection
(a) of</del> Code Section <del>43-1-19</del> <ins>43-1-1</ins> 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 <del>crime involving moral turpitude</del> <ins>covered misdemeanor as
defined in Code Section 43-1-1</ins> 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, <del>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</del> <ins>but shall not include a conviction that has been pardoned;</ins> 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:
<ins>"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.
</ins>
<ins>(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;
</ins>
<ins>(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."
</ins> 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:
<ins>"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
</ins>
<ins>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:
</ins>
<ins>(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."
</ins> 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 <del>paragraph
(3) of subsection (a) of</del> Code Section <del>43-1-19</del> <ins>43-1-1</ins> 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 <ins>covered misdemeanor</ins> <del>of any crime involving moral
turpitude</del> 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. <ins>Any such record shall be
considered in the manner prescribed by subsection (q) of Code Section 43-1-19;
</ins> (4) Been arrested, charged, and sentenced for the commission of any felony, or <del>any crime
involving moral turpitude,</del> <ins>covered misdemeanor</ins> where <ins>such record is considered in the
manner prescribed by subsection (q) of Code Section 43-1-19 and:
</ins> (A) A plea of nolo contendere was entered to the charge; <ins>or
</ins> (B) <del>First offender treatment without adjudication of guilt pursuant to the charge was
granted; or</del> <ins>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.
</ins> <del>(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
</del> 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 <del>of paragraph (4)
</del> 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:
<ins>"(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
</ins>
<ins>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:
</ins>
<ins>(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."
</ins> 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:
<ins>"(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
</ins>
<ins>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:
</ins>
<ins>(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."
</ins> 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;
<del>(3) Conviction of a crime involving moral turpitude;
(4)(3)</del> 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;
<del>(5)(4)</del> The making of a false statement or representation regarding the qualifications,
training, or experience of any applicant;
<del>(6)(5)</del> The making of a misrepresentation of any kind regarding any funeral merchandise;
<ins>(7)(6)</ins> 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;
<del>(8)(7)</del> Gross or willful malpractice or gross neglect in the practice of embalming, funeral
directing, or cremating;
<del>(9)(8)</del> 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;
<del>(10)(9)</del> Interfering, either directly or indirectly, with a licensed embalmer or funeral
director having legal charge of a dead human body;
<del>(11)(10)</del> 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;
<del>(12)(11)</del> Failing to fulfill the terms of a funeral service contract;
<del>(13)(12)</del> Disregarding a decedent's dignity, right to privacy, or right to confidentiality
unless compelled by law to do otherwise;
<del>(14)(13)</del> 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;
<del>(15)(14)</del> 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;
<del>(16)(15)</del> Refusing to surrender promptly the custody of a dead human body upon the
express order of the person lawfully entitled to the custody;
<del>(17)(16)</del> 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;
<del>(18)(17)</del> Aiding or abetting an unlicensed person to practice under this article;
<del>(19)(18)</del> Promoting or participating in a burial society, burial association, burial
certificate plan, or burial membership plan;
<del>(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;</del> <ins>Soliciting;
</ins> <del>(21)(20)</del> Presenting a false certification of work done by an apprentice or as an
apprentice;
<del>(22)(21)</del> 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;
<ins>(23)(22)</ins> Knowingly making any misleading, deceptive, untrue, or fraudulent
representation in the practice of funeral directing or embalming or in any document
connected therewith;
<del>(24)(23)</del> Discriminating in the provision of services because of race, creed, color,
religion, gender, or national origin;
<del>(25)(24)</del> 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;
<del>(26)(25)</del> Failing to refund moneys due as a result of overpayment by an insurance
company or other third party;
<del>(27)(26)</del> Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the public, <del>which conduct or practice</del> <ins>that</ins> 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, <del>which conduct or practice
</del> <ins>and that</ins> 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 <del>untrustworthiness;
unprofessional</del> <ins>untrustworthiness. Unprofessional</ins> conduct shall also include any
departure from or failure to conform to the minimal reasonable standards of acceptable
and prevailing practice of funeral services;
<del>(28)(27)</del> 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;
<del>(29)(28)</del> Practicing embalming or funeral directing or operating a funeral establishment
or crematory prior to the board's having approved an application for licensure; or
<del>(30)(29)</del> 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 <ins>directly related</ins> 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 <del>the affording of first
offender treatment to any such charge</del> <ins>a plea to such charge for which an individual is
currently serving a first offender sentence</ins> in the same manner as provided in <del>paragraph
(4) of subsection (a) of</del> <ins>subsection (q) of</ins> Code Section 43-1-19. <ins>For purposes of this
paragraph, the term 'felony' shall have the same meaning a provided in Code Section
43-1-1."
</ins> 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:
<ins>"(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
</ins>
<ins>applicant or licensee is disqualified due to a criminal record shall be in accordance with
subsection (a.1) of Code Section 43-1-19."
</ins> 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:
<ins>"(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
</ins>
<ins>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
</ins>
<ins>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."
</ins> 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 <del>crime involving moral turpitude</del> <ins>covered misdemeanor,</ins> 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 <del>any crime
involving moral turpitude</del> <ins>a covered misdemeanor;</ins> or a plea of nolo contendere to a
charge of a felony or <del>any crime involving moral turpitude</del> 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 <ins>directly related</ins> 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.
<ins>(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;
</ins>
<ins>(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.
</ins> <del>(1.2)(1.4)</del> A person who has a <ins>directly related</ins> 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 <del>single crime of
moral turpitude</del> <ins>covered misdemeanor,</ins> 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 <del>crime involving moral turpitude</del> 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 <del>any crime involving moral turpitude</del> <ins>covered misdemeanor,</ins> 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 <del>any crime
involving moral turpitude</del> <ins>covered misdemeanor;</ins> or a plea of nolo contendere to a
charge of a felony or <del>any crime involving moral turpitude</del> 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 <ins>directly related</ins> 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.
<ins>(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.
</ins>
<ins>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.
</ins> <del>(1.2)(1.4)</del> A person who has a <ins>directly related</ins> 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 <del>single crime of
moral turpitude</del> <ins>covered misdemeanor,</ins> 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 <del>crime involving moral turpitude</del> 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 <del>crime involving moral turpitude</del> <ins>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;
</ins>
<ins>(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;
</ins>
<ins>(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.
</ins> 1000 <ins>(D) A predetermination made under this paragraph that a petitioner is eligible for a
</ins> 1001 <ins>certification shall be binding on the commission only if the petitioner applies for
</ins> 1002 <ins>certification and fulfills all other requirements for operator certification and the
</ins> 1003 <ins>petitioner's submitted criminal record was correct and remains unchanged at the time
</ins> 1004 <ins>of his or her application for certification.
</ins> 1005 <ins>(E) If a petitioner's criminal record includes matters that may disqualify the petitioner
</ins> 1006 <ins>from certification, the commission shall notify the petitioner of the potentially
</ins>
1007 <ins>disqualifying convictions. The letter of concern shall advise the petitioner of his or her
</ins> 1008 <ins>opportunity to submit additional evidence of rehabilitation and mitigation or for a
</ins> 1009 <ins>hearing, or both.
</ins> 1010 <ins>(F) The commission may predetermine that the petitioner's criminal record is likely
</ins> 1011 <ins>grounds for denial of certification only after the commission has held a hearing on the
</ins> 1012 <ins>petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia
</ins> 1013 <ins>Administrative Procedure Act.' The hearing shall be held in person, by remote video,
</ins> 1014 <ins>or by teleconference within 60 days of receipt of the predetermination petition. The
</ins> 1015 <ins>individual shall have the opportunity to include character witnesses at the hearing,
</ins> 1016 <ins>including but not limited to family members, friends, past or prospective employers,
</ins> 1017 <ins>probation or parole officers, and rehabilitation counselors, who may offer their verbal
</ins> 1018 <ins>or written support. The commission shall not make an adverse inference by a
</ins> 1019 <ins>petitioner's decision to forgo a hearing or character witnesses. The commission shall
</ins> 1020 <ins>issue a final decision within 60 days of complete submission of the issue for
</ins> 1021 <ins>consideration or the hearing, whichever is later.
</ins> 1022 <ins>(G) If the commission decides that a predetermination petitioner is ineligible for a
</ins> 1023 <ins>license, the commission shall notify the petitioner of the following:
</ins> 1024 <ins>(i) The grounds and rationale for the predetermination, including any of the
</ins> 1025 <ins>petitioner's specific convictions and the factors provided for in paragraph (2) of this
</ins> 1026 <ins>subsection the commission deemed directly relevant;
</ins> 1027 <ins>(ii) An explanation of the process and right to appeal the commission's
</ins> 1028 <ins>predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative
</ins> 1029 <ins>Procedure Act'; and
</ins> 1030 <ins>(iii) Any actions the petitioner may take to remedy the disqualification. An
</ins> 1031 <ins>individual who receives a predetermination of ineligibility may submit a revised
</ins> 1032 <ins>petition reflecting completion of the remedial actions. The individual may submit a
</ins>
1033 <ins>new petition to the commission not before one year following a final judgment on his
</ins> 1034 <ins>or her initial petition or upon completing the remedial actions, whichever is earlier.
</ins> 1035 <ins>(H) The denial of a predetermination petition because of the applicant's criminal record
</ins> 1036 <ins>shall constitute a contested case as defined in Code Section 50-13-2. In an
</ins> 1037 <ins>administrative hearing or civil action reviewing the denial of a predetermination
</ins> 1038 <ins>petition, the commission shall have the burden of proving that the applicant's criminal
</ins> 1039 <ins>record directly relates to the licensed occupation."
</ins> 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 <ins>"(e)(1) Notwithstanding any other provision of law, an individual with a criminal record
</ins> 1048 <ins>may petition the commission at any time, including while incarcerated and before starting
</ins> 1049 <ins>or completing any required professional qualifications for certification, for a
</ins> 1050 <ins>predetermination as to whether the individual's criminal record will disqualify him or her
</ins> 1051 <ins>from obtaining a certificate.
</ins> 1052 <ins>(2) The petition for predetermination shall include the individual's criminal record or
</ins> 1053 <ins>authorize the commission to obtain the individual's criminal record. The petition shall
</ins> 1054 <ins>also include any information the petitioner chooses to submit concerning the
</ins> 1055 <ins>circumstances of his or her record and his or her rehabilitation.
</ins> 1056 <ins>(3) The commission shall support any adverse predetermination by justifying that it is
</ins> 1057 <ins>more likely than not that a criminal record supports an adverse certification decision.
</ins>
1058 <ins>(4) A predetermination made under this subsection that a petitioner is eligible for a
</ins> 1059 <ins>certificate shall be binding on the commission only if the petitioner applies for
</ins> 1060 <ins>certification and fulfills all other requirements for the certificate and the petitioner's
</ins> 1061 <ins>submitted criminal record was correct and remains unchanged at the time of his or her
</ins> 1062 <ins>application for a certificate.
</ins> 1063 <ins>(5) If a petitioner's criminal record includes matters that may disqualify the petitioner
</ins> 1064 <ins>from certification, the commission shall notify the petitioner of the potentially
</ins> 1065 <ins>disqualifying convictions. The letter of concern shall advise the petitioner of his or her
</ins> 1066 <ins>opportunity to submit additional evidence of rehabilitation and mitigation or for a
</ins> 1067 <ins>hearing, or both.
</ins> 1068 <ins>(6) The commission may predetermine that the petitioner's criminal record is likely
</ins> 1069 <ins>grounds for denial of a license only after the commission has held a hearing on the
</ins> 1070 <ins>petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia
</ins> 1071 <ins>Administrative Procedure Act.' The hearing shall be held in person, by remote video, or
</ins> 1072 <ins>by teleconference within 60 days of receipt of the predetermination petition. The
</ins> 1073 <ins>individual shall have the opportunity to include character witnesses at the hearing,
</ins> 1074 <ins>including but not limited to family members, friends, past or prospective employers,
</ins> 1075 <ins>probation or parole officers, and rehabilitation counselors, who may offer their verbal or
</ins> 1076 <ins>written support. The commission shall not make an adverse inference by a petitioner's
</ins> 1077 <ins>decision to forgo a hearing or character witnesses. The commission shall issue a final
</ins> 1078 <ins>decision within 60 days of complete submission of the issue for consideration or the
</ins> 1079 <ins>hearing, whichever is later.
</ins> 1080 <ins>(7) If the commission decides that a predetermination petitioner is ineligible for a
</ins> 1081 <ins>certificate, the commission shall notify the petitioner of the following:
</ins> 1082 <ins>(A) The grounds and rationale for the predetermination, including any specific
</ins> 1083 <ins>convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the
</ins> 1084 <ins>commission deemed directly relevant;
</ins>
1085 <ins>(B) An explanation of the process and right to appeal the commission's
</ins> 1086 <ins>predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative
</ins> 1087 <ins>Procedure Act'; and
</ins> 1088 <ins>(C) Any actions the petitioner may take to remedy the disqualification. An individual
</ins> 1089 <ins>who receives a predetermination of ineligibility may submit a revised petition reflecting
</ins> 1090 <ins>completion of the remedial actions. The individual may submit a new petition to the
</ins> 1091 <ins>commission not before one year following a final judgment on his or her initial petition
</ins> 1092 <ins>or upon completing the remedial actions, whichever is earlier.
</ins> 1093 <ins>(8) The denial of a predetermination petition because of the applicant's criminal record
</ins> 1094 <ins>shall constitute a contested case as defined in Code Section 50-13-2. In an administrative
</ins> 1095 <ins>hearing or civil action reviewing the denial of a predetermination petition, the
</ins> 1096 <ins>commission shall have the burden of proving that the applicant's criminal record directly
</ins> 1097 <ins>relates to the licensed occupation."
</ins> 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 <ins>"26-4-60.1.
</ins> 1104 <ins>(a) Notwithstanding any other provision of law, an individual with a criminal record may
</ins> 1105 <ins>petition the board of pharmacy at any time, including while incarcerated and before starting
</ins> 1106 <ins>or completing any required professional qualifications for licensure, for a predetermination
</ins> 1107 <ins>as to whether the individual's criminal record will disqualify him or her from obtaining a
</ins> 1108 <ins>license.
</ins>
1109 <ins>(b) The petition for predetermination shall include the individual's criminal record or
</ins> 1110 <ins>authorize the board to obtain the individual's criminal record. The petition shall also
</ins> 1111 <ins>include any information the petitioner chooses to submit concerning the circumstances of
</ins> 1112 <ins>his or her record and his or her rehabilitation.
</ins> 1113 <ins>(c) The board shall support any adverse predetermination by justifying that it is more
</ins> 1114 <ins>likely than not that a criminal record supports an adverse licensing decision.
</ins> 1115 <ins>(d) A predetermination made under this Code section that a petitioner is eligible for a
</ins> 1116 <ins>license shall be binding on the board only if the petitioner applies for licensure and fulfills
</ins> 1117 <ins>all other requirements for the licensure and the petitioner's submitted criminal record was
</ins> 1118 <ins>correct and remains unchanged at the time of his or her application for a license.
</ins> 1119 <ins>(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from
</ins> 1120 <ins>licensure, the board shall notify the petitioner of the potentially disqualifying convictions.
</ins> 1121 <ins>The letter of concern shall advise the petitioner of his or her opportunity to submit
</ins> 1122 <ins>additional evidence of rehabilitation and mitigation or for a hearing, or both.
</ins> 1123 <ins>(f) The board may predetermine that the petitioner's criminal record is likely grounds for
</ins> 1124 <ins>denial of a license only after the board has held a hearing on the petitioner's eligibility in
</ins> 1125 <ins>accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The
</ins> 1126 <ins>hearing shall be held in person, by remote video, or by teleconference within 60 days of
</ins> 1127 <ins>receipt of the predetermination petition. The individual shall have the opportunity to
</ins> 1128 <ins>include character witnesses at the hearing, including but not limited to family members,
</ins> 1129 <ins>friends, past or prospective employers, probation or parole officers, and rehabilitation
</ins> 1130 <ins>counselors, who may offer their verbal or written support. The board shall not make an
</ins> 1131 <ins>adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The
</ins> 1132 <ins>board shall issue a final decision within 60 days of complete submission of the issue for
</ins> 1133 <ins>consideration or the hearing, whichever is later.
</ins> 1134 <ins>(g) If the board decides that a predetermination petitioner is ineligible for a license, the
</ins> 1135 <ins>board shall notify the petitioner of the following:
</ins>
1136 <ins>(1) The grounds and rationale for the predetermination, including the specific
</ins> 1137 <ins>convictions and the factors in subsection (a) of Code Section 26-4-60 the board deemed
</ins> 1138 <ins>directly relevant;
</ins> 1139 <ins>(2) An explanation of the process and right to appeal the board's predetermination
</ins> 1140 <ins>decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
</ins> 1141 <ins>(3) Any actions the petitioner may take to remedy the disqualification. An individual
</ins> 1142 <ins>who receives a predetermination of ineligibility may submit a revised petition reflecting
</ins> 1143 <ins>completion of the remedial actions. The individual may submit a new petition to the
</ins> 1144 <ins>board not before one year following a final judgment on his or her initial petition or upon
</ins> 1145 <ins>completing the remedial actions, whichever is earlier.
</ins> 1146 <ins>(h) The denial of a predetermination petition because of the applicant's criminal record
</ins> 1147 <ins>shall constitute a contested case as defined in Code Section 50-13-2. In an administrative
</ins> 1148 <ins>hearing or civil action reviewing the denial of a predetermination petition, the board shall
</ins> 1149 <ins>have the burden of proving that the applicant's criminal record directly relates to the
</ins> 1150 <ins>licensed occupation."
</ins> 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 <del>completion of all of the terms of his or her sentence</del> <ins>dates of conviction or adjudication;
</ins> 1169 <ins>such term also shall not include an owner, applicant, or employee who has received a
</ins> 1170 <ins>general pardon from the State Board of Pardons and Paroles for the convictions;
</ins> 1171 provided, however, that such ten-year period <ins>exemption</ins> <del>or</del> <ins>and pardon</ins> 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 <ins>"33-23-21.2.
</ins> 1179 <ins>(a) Notwithstanding any other provision of law, an individual with a criminal record may
</ins> 1180 <ins>petition the Commissioner at any time, including while incarcerated and before starting or
</ins> 1181 <ins>completing any required professional qualifications for licensure, for a predetermination
</ins> 1182 <ins>as to whether the individual's criminal record will disqualify him or her from obtaining a
</ins> 1183 <ins>license.
</ins>
1184 <ins>(b) The petition for predetermination shall include the individual's criminal record or
</ins> 1185 <ins>authorize the Commissioner to obtain the individual's criminal record. The petition shall
</ins> 1186 <ins>also include information submitted by the petitioner concerning the circumstances of his
</ins> 1187 <ins>or her record and his or her rehabilitation.
</ins> 1188 <ins>(c) A predetermination made under this Code section that a petitioner is eligible for a
</ins> 1189 <ins>license shall be binding on the Commissioner only if the petitioner applies for licensure and
</ins> 1190 <ins>fulfills all other requirements for the licensure and the petitioner's submitted criminal
</ins> 1191 <ins>record was correct and remains unchanged at the time of his or her application for a license.
</ins> 1192 <ins>(d) If a petitioner's criminal record includes matters that may disqualify the petitioner from
</ins> 1193 <ins>licensure, the Commissioner shall provide notice and opportunity for a hearing in
</ins> 1194 <ins>accordance with Chapter 2 of this title.
</ins> 1195 <ins>(e) If, after notice and the opportunity for a hearing, the Commissioner decides that a
</ins> 1196 <ins>predetermination petitioner is ineligible for a license, the Commissioner shall notify the
</ins> 1197 <ins>petitioner of the following:
</ins> 1198 <ins>(1) The grounds and rationale for the predetermination, including the factors in Code
</ins> 1199 <ins>Section 33-23-21.2 the Commissioner deemed directly relevant;
</ins> 1200 <ins>(2) An explanation of the process and right to appeal the Commissioner's
</ins> 1201 <ins>predetermination decision; and
</ins> 1202 <ins>(3) Any actions the petitioner may take to remedy the disqualification. An individual
</ins> 1203 <ins>who receives a predetermination of ineligibility may submit a revised petition reflecting
</ins> 1204 <ins>completion of the remedial actions. The individual may submit a new petition to the
</ins> 1205 <ins>Commissioner not before one year following a final judgment on his or her initial petition
</ins> 1206 <ins>or upon completing the remedial actions, whichever is earlier."
</ins> 1207 <ins>"33-23-43.11.
</ins> 1208 <ins>(a) Notwithstanding any other provision of law, an individual with a criminal record may
</ins> 1209 <ins>petition the Commissioner at any time, including while incarcerated and before starting or
</ins>
1210 <ins>completing any required professional qualifications for licensure, for a predetermination
</ins> 1211 <ins>as to whether the individual's criminal record will disqualify him or her from obtaining a
</ins> 1212 <ins>public adjuster's license.
</ins> 1213 <ins>(b) The petition for predetermination shall include the individual's criminal record or
</ins> 1214 <ins>authorize the Commissioner to obtain the individual's criminal record. The petition shall
</ins> 1215 <ins>also include information submitted by the petitioner concerning the circumstances of his
</ins> 1216 <ins>or her record and his or her rehabilitation.
</ins> 1217 <ins>(c) A predetermination made under this Code section that a petitioner is eligible for a
</ins> 1218 <ins>license shall be binding on the Commissioner only if the petitioner applies for licensure and
</ins> 1219 <ins>fulfills all other requirements for the licensure and the petitioner's submitted criminal
</ins> 1220 <ins>record was correct and remains unchanged at the time of his or her application for a
</ins> 1221 <ins>license.
</ins> 1222 <ins>(d) If a petitioner's criminal record includes matters that may disqualify the petitioner from
</ins> 1223 <ins>licensure, the Commissioner shall provide notice and opportunity for a hearing in
</ins> 1224 <ins>accordance with Chapter 2 of this title.
</ins> 1225 <ins>(e) If, after notice and the opportunity for a hearing, the Commissioner decides that a
</ins> 1226 <ins>predetermination petitioner is ineligible for a license, the Commissioner shall notify the
</ins> 1227 <ins>petitioner of the following:
</ins> 1228 <ins>(1) The grounds and rationale for the predetermination, including the specific
</ins> 1229 <ins>convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed
</ins> 1230 <ins>directly relevant;
</ins> 1231 <ins>(2) An explanation of the process and right to appeal the Commissioner's
</ins> 1232 <ins>predetermination decision; and
</ins> 1233 <ins>(3) Any actions the petitioner may take to remedy the disqualification. An individual
</ins> 1234 <ins>who receives a predetermination of ineligibility may submit a revised petition reflecting
</ins> 1235 <ins>completion of the remedial actions. The individual may submit a new petition to the
</ins>
1236 <ins>Commissioner not before one year following a final judgment on his or her initial petition
</ins> 1237 <ins>or upon completing the remedial actions, whichever is earlier."
</ins> 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 <ins>"(d) A person who pleaded guilty to a felony offense under Article 3 of Chapter 8 of Title
</ins> 1244 <ins>42 and successfully completed the terms of his or her sentence pursuant to Article 3 of
</ins> 1245 <ins>Chapter 8 of Title 42 may, at the council's discretion, be certified and employed as a
</ins> 1246 <ins>firefighter if such person otherwise meets the qualifications set forth in this Code section.
</ins> 1247 <ins>Such person shall provide information on the circumstances underlying the plea of guilty,
</ins> 1248 <ins>as requested by the council, to enable the council to make an informed decision on such
</ins> 1249 <ins>individual's qualification status."
</ins> 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, <ins>and the Department of Corrections."
</ins> 1262 "(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of
1263 Chapter 12 of Title 16; <ins>or
</ins> 1264 (xvii) <del>Theft in violation of Chapter 8 of Title 16; provided, however, that such
</del> 1265 <del>prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud
</del> 1266 <del>in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or
</del> 1267 <del>(xviii)</del> Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.
1268 (C) <del>An individual shall be limited to filing a petition under this paragraph to a lifetime
</del> 1269 <del>maximum of requesting record restriction on two convictions for a misdemeanor or a
</del> 1270 <del>series of misdemeanors arising from a single incident. For the purposes of this
</del> 1271 <del>subparagraph, the conviction of two or more offenses charged in separate counts of one
</del> 1272 <del>or more accusations consolidated for trial shall be deemed to be one conviction.</del> 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. <ins>The clerk of court shall accept a defendant's filing under
</ins> 1279 <ins>seal without need of a court order for any petition provided for under subparagraph (A)
</ins> 1280 <ins>of this paragraph. All subsequent filings, motions, hearings, court recordings, court
</ins> 1281 <ins>transcripts, orders, and related court documents related to such petition shall remain
</ins> 1282 <ins>under seal without need for any additional court order."
</ins> 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. <ins>If the court finds that the
</ins> 1295 <ins>criteria for such petition are met, the court shall grant an order restricting such criminal
</ins> 1296 <ins>history record information.</ins> <del>The court shall hear evidence and shall grant an order
</del> 1297 <del>restricting such criminal history record information if it determines that the harm
</del> 1298 <del>otherwise resulting to the individual clearly outweighs the public's interest in the criminal
</del> 1299 <del>history record information being publicly available."
</del> 1300 "(k)(1) <ins>Upon an approved restriction, by order or application, pursuant to this Code
</ins> 1301 <ins>section, the prosecuting attorney of the relevant case shall, within 30 days, restrict access
</ins> 1302 <ins>to all such information maintained by the prosecuting attorney for such individual's
</ins> 1303 <ins>offense that has been restricted."
</ins> 1304 "(m)(1) For criminal history record information maintained by the clerk of court, an
1305 individual who has a record restricted pursuant to <ins>Code Section 17-10-21 or</ins> this Code
1306 section <ins>or an individual who has been cited for a criminal offense but was not arrested
</ins> 1307 <ins>and the charged offense was subsequently dismissed, nolle prossed, or adjudicated as a
</ins> 1308 <ins>violation of a local ordinance</ins> 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) <ins>Notwithstanding paragraph (2) of this subsection, the court shall order all criminal
</ins> 1322 <ins>history record information in the custody of the clerk of court, including within any
</ins> 1323 <ins>index, to be restricted and unavailable to the public if the criminal history record has been
</ins> 1324 <ins>restricted pursuant to paragraph (7) of subsection (j) of this Code section.
</ins> 1325 <ins>(4)</ins> 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; <del>and
</del> 1335 (F) By an individual who is the subject of restricted criminal history record information
1336 or sealed court files; <ins>and
</ins> 1337 <ins>(G) By criminal justice agencies for law enforcement or criminal investigative
</ins> 1338 <ins>purposes.
</ins>
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, <del>with the consent of
</del> 1348 <del>the prosecuting attorney,</del> 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 <del>three</del> <ins>ten</ins> 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. <ins>The clerk of court shall accept defendant's filing under seal without
</ins>
1362 <ins>need of a court order for any petition provided for under subsection (a) of this Code
</ins> 1363 <ins>section. All subsequent filings, motions, hearings, court recordings, court transcripts,
</ins> 1364 <ins>orders, and other court documents related to such petition shall remain under seal without
</ins> 1365 <ins>need for any additional court order."
</ins> 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.