Georgia General Assembly · Full text

SB 207: Professions and Businesses; a preclearance process in the licensing of individuals with criminal records who make application to or are investigated by certain licensing boards and commissions; create

Enrolled version, the latest LegiScan holds · Last action May 12, 2026 · Passed

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Senate Bill 207

By: Senators Strickland of the 42nd, Brass of the 6th, Anavitarte of the 31st, Cowsert of the 46th, Kirkpatrick of the 32nd and others

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Titles 33 and 43 of the Official Code of Georgia Annotated, relating to insurance and professions and businesses, respectively, so as to create a preclearance process in the licensing of individuals with criminal records who make an application to or are investigated by certain licensing boards and commissions; to provide for definitions; to require certain licensing authorities to provide evidence to support adverse licensing decisions based on criminal convictions; to require a hearing prior to denying certain applicants on the basis of an individual's criminal record; to establish findings that shall be made and evidence that shall and shall not be considered prior to refusing to grant certain licenses based on certain criminal convictions; to allow an applicant to submit his or her own criminal record when applying for certain licenses; to provide for reapplication for licensure; to authorize and provide a process and requirements for predetermination decisions; to require certain licensure application information be included in certain applications and posted on a public website; to require certain annual reports concerning certain applications, predeterminations, and conviction records to be filed with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide for the reporting of guilty pleas taken under first offender treatment to obtain employment as a firefighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Crime Information Center, so as to provide for criminal history record information restrictions for certain persons charged with or convicted of certain criminal offenses; to provide that restricted criminal history record information shall be available to criminal justice agencies; to provide for petitions; to provide for criminal history record information restriction for persons granted a pardon for certain offenses; to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to revise the procedure for petitioning for exoneration and discharge when an individual has qualified for sentencing as a first offender; to provide for exceptions to retroactively granting first offender treatment; to amend Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of sentence for trafficking victim defendants, so as to provide for filing under seal; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-1, relating to definitions, as follows:

"43-1-1.

As used in this title, the term:

(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of such finding, verdict, or plea has been sought.

(2) 'Covered misdemeanor' means any:

(A) Misdemeanor conviction in the five years prior to the submission of the licensing application; and

(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37, irrespective of the date of such conviction.

~~(1)(3)~~ 'Division' means the professional licensing boards division created under Code Section 43-1-2.

~~(2)(4)~~ 'Division director' means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.

(5) 'Felony' means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.

~~(3)(6)~~ 'Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the division director ~~of the professional licensing boards division within the office of the Secretary of State."~~

SECTION 1-2.

Said title is further amended in Code Section 43-1-19, relating to a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and probationary licenses, by adding a new subsection to read as follows: "(a.1) Before the professional licensing board may deny an applicant a license under subsection (a) of this Code section due to his or her criminal record, such applicant shall be entitled to a hearing before the professional licensing board upon a timely written request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 1-3.

Said title is further amended in Code Section 43-1-19, relating to a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and probationary licenses, by revising subsection (j) as follows: "(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity ~~nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license~~ shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant."

SECTION 1-4.

Said title is further amended in Code Section 43-1-19, relating to a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and probationary licenses, by revising subsection (q) as follows: "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, ~~and unless~~ the professional licensing board shall refuse to grant a license to an individual or shall revoke a license only if a felony or ~~crime involving moral turpitude~~ covered misdemeanor directly relates to the occupation for which the license is sought or held, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of an individual licensed by that board due solely or in part to such applicant's or licensee's:

(A) Conviction of any felony or any ~~crime involving moral turpitude~~ covered misdemeanor, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States;

(B) Arrest, charge, and sentence for the commission of such offense;

(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section 16-13-2;

(E) Sentence for such offense as a result of a plea of nolo contendere;

(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or

(G) Being under supervision by a community supervision officer, as such term is defined in Code Section 42-3-1, for a conviction of any felony or any ~~crime involving moral turpitude~~ covered misdemeanor, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States, so long as such individual was not convicted of a felony violation of Chapter 5 of Title 16 nor convicted of a crime requiring registration on the state sexual offender registry.

(2) In determining if a felony or ~~crime involving moral turpitude~~ covered misdemeanor directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider:

(A) The nature and seriousness of such felony or ~~crime involving moral turpitude~~ covered misdemeanor and the relationship of ~~such felony or crime involving moral turpitude~~ the criminal conduct to the duties and responsibilities of the occupation for which the license is sought or held;

(B) The age of the individual at the time such felony or crime involving moral ~~turpitude~~ covered misdemeanor was committed;

(C) The length of time elapsed since such felony or ~~crime involving moral turpitude~~ covered misdemeanor was committed;

(D) All circumstances relative to such felony or ~~crime involving moral turpitude~~ covered misdemeanor, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of such felony or ~~crime involving moral turpitude~~ covered misdemeanor; and

(E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held., including, but not limited to:

(i) The completion of the criminal sentence;

(ii) A program and treatment certificate issued by the Board of Corrections;

(iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program;

(iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;

(v) Education and training;

(vi) Employment history;

(vii) Employment aspirations;

(viii) The individual's current family or community responsibilities, or both;

(ix) Whether a bond is required to practice the occupation;

(x) Any affidavits or other written documents, including, but not limited to, character references; and

(xi) Any other information regarding rehabilitation the individual submits to the board.

(3) Notwithstanding any other provision of law, a professional licensing board shall provide individualized consideration of an individual's criminal record and shall not automatically deny licensure on the basis of the individual's criminal record. (4)(A) If an applicant's criminal record includes issues that will or may prevent the board from issuing a license to the applicant, the board shall notify the applicant, in writing, of the specific issues in sufficient time for the applicant to provide additional documentation supporting the application before the board's final decision to deny the application. After receiving notice of any potential issue with licensure due to his or her criminal convictions, an applicant shall have 30 days to respond by correcting any inaccuracy in the criminal record or by submitting additional evidence of mitigation or rehabilitation for the board's consideration, or both.

(B) For the professional licensing board to deny a license on the basis of the applicant's criminal convictions, the board shall first provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The applicant shall have the opportunity at such hearing to present the written or oral testimony of character witnesses, including, but not limited to, family members, friends, prospective employers, probation or parole officers, and rehabilitation counselors. The professional licensing board shall issue a decision within 60 days of the complete submission of the issues for consideration or the hearing, whichever is later.

(C) The professional licensing board shall determine, after a hearing, whether it is more likely than not that an applicant's criminal record supports an 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 reviewing the denial of a license, the applicant shall have the burden of proving that his or her criminal record does not directly relate 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 determining whether it is more likely than not that a criminal record supports an adverse licensing decision.

(D) A predetermination made under this paragraph that a petitioner is eligible for a license shall be binding on the professional licensing board only if the petitioner applies for licensure and fulfills all other requirements for the occupational license and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license.

(E) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both.

(F) The professional licensing board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to offer written or oral testimony of character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors. The professional licensing board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later.

(G) If the professional licensing board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following:

(i) The grounds and rationale for the predetermination, including any of the petitioner's specific convictions and the factors in paragraph (2) of this subsection the board deemed directly relevant;

(ii) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and

(iii) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier.

(H) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing reviewing the denial of a predetermination petition, the applicant shall have the burden of proving that his or her criminal record does not directly relate to the licensed occupation.

(6) Each professional licensing board shall include in its application for licensure and on its public website all of the following information:

(A) Whether the board requires applicants to consent to a criminal record check;

(B) The direct relationship standard in paragraph (1) of this subsection and those factors provided for in paragraph (2) of this subsection that the board shall consider when making a determination of licensure;

(C) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the board denies or revokes licensure in whole or in part because of a criminal conviction; and

(D) The predetermination petition process, standards, and application, as well as the process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

(7) No later than March 31 each year, each occupational licensing board shall file with the Secretary of State an annual report containing information from the previous year as to:

(A) The number of applicants for a license and, of that number, the number of licenses granted;

(B) The number of applicants with a criminal record and, of that number, the number of licenses granted, denied a license for any reason, and denied a license due to a conviction or state supervision status; and

(C) The number of predetermination petitioners and, of that number, the number deemed eligible for a license and the number deemed ineligible for a license."

SECTION 1-5.

Said title is further amended by revising Code Section 43-1-27, relating to requirement that licensee notify licensing authority of felony conviction, as follows:

"43-1-27.

Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in ~~paragraph (3) of subsection~~

~~(a) of~~ Code Section ~~43-1-19~~ 43-1-1 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession."

SECTION 1-6.

Said title is further amended by revising Code Section 43-15-19, relating to revocation, suspension, or denial of certificates, certificates of registration, or licenses, and reprimands, as follows:

"43-15-19.

(a) The board shall have the power, after notice and hearing, to deny any application made to it, to revoke or suspend any certificate, certificate of registration, or license issued by it, or to reprimand any individual holding a certificate, certificate of registration, or license issued by it, upon the following grounds:

(1) Commission of any fraud or deceit in obtaining a certificate, certificate of registration, or license;

(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of professional engineering or land surveying as a professional engineer or a professional land surveyor, respectively;

(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section 43-15-22;

(4) Conviction of a felony or ~~crime involving moral turpitude~~ covered misdemeanor as defined in Code Section 43-1-1 in the courts of this state, the United States, or any state or territory of the United States or the conviction of an offense in another jurisdiction which, if committed in this state, would be deemed a felony. 'Conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, ~~regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or statute~~ but shall not include a conviction that has been pardoned; or

(5) Any violation of this chapter or any rule or regulation promulgated by the board pursuant to the powers conferred on it by this chapter.

(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code section, includes a violation of those standards of professional conduct for professional engineers and professional land surveyors adopted by the board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this chapter."

SECTION 1-7.

Said title is further amended by adding a new Code section to read as follows:

"43-15-19.1.

(a) Notwithstanding any other provision of law, an individual with a criminal record may petition the board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license.

(b) The petition for predetermination shall include the individual's criminal record or authorize the board to obtain the individual's criminal record. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation.

(c) The board shall support any adverse predetermination by determining whether it is more likely than not that a criminal record supports an adverse licensing decision.

(d) A predetermination made under this Code section that a petitioner is eligible for a license shall be binding on the board only if the petitioner applies for licensure and fulfills all other requirements for the licensure and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for a license.

(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the board shall notify the petitioner of the potentially disqualifying convictions. The letter of concern shall advise the petitioner of his or her opportunity to submit additional evidence of rehabilitation and mitigation or for a hearing, or both.

(f) The board may predetermine that the petitioner's criminal record is likely grounds for denial of a license only after the board has held a hearing on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be held in person, by remote video, or by teleconference within 60 days of receipt of the predetermination petition. The individual shall have the opportunity to include character witnesses at the hearing, including but not limited to family members, friends, past or prospective employers, probation or parole officers, and rehabilitation counselors, who may offer their verbal or written support. The board shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The board shall issue a final decision within 60 days of complete submission of the issue for consideration or the hearing, whichever is later.

(g) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following:

(1) The grounds and rationale for the predetermination, including the specific convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board deemed directly relevant;

(2) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and

(3) Any actions the petitioner may take to remedy the disqualification. An individual who receives a predetermination of ineligibility may submit a revised petition reflecting completion of the remedial actions. The individual may submit a new petition to the board not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier.

(h) The denial of a predetermination petition because of the applicant's criminal record shall constitute a contested case as defined in Code Section 50-13-2. In an administrative hearing reviewing the denial of a predetermination petition, the applicant shall have the burden of proving that his or her criminal record does not directly relate to the licensed occupation."

PART II

SECTION 2-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Chapter 3, relating to accountants, by adding a new Code section to read as follows:

"43-3-21.1.

(a) Notwithstanding any other provision of law, an individual with a criminal record may petition the accountancy board at any time, including while incarcerated and before starting or completing any required professional qualifications for licensure, for a predetermination as to whether the individual's criminal record will disqualify him or her from obtaining a license.

(c) The board shall support any adverse predetermination by determining whether it is more likely than not that a criminal record supports an adverse licensing decision.

(g) If the board decides that a predetermination petitioner is ineligible for a license, the board shall notify the petitioner of the following:

(1) The grounds and rationale for the predetermination, including the specific convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed directly relevant;

(2) An explanation of the process and right to appeal the board's predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and

SECTION 2-2.

Said title is further amended in Code Section 43-3-27, relating to notification by an individual issued a license or certification as an accountant of conviction, time limit, and suspension, by revising subsection (a) as follows:

"(a) Any individual issued a license or certification under this chapter or providing services under substantial equivalency practice privileges and convicted under the laws of this state, the United States, any other state, or any other country of a felony as defined in ~~paragraph~~

~~(3) of subsection (a) of~~ Code Section ~~43-1-19~~ 43-1-1 shall be required to notify the board of such conviction within 30 days of such conviction. The failure of such individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or other authorization issued pursuant to this chapter."

SECTION 2-3.

Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or revocation of chiropractor licenses, subpoenas, other discipline, judicial review, reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by revising paragraphs (3) and (4) of subsection (a) as follows: "(3) Been convicted of any felony or covered misdemeanor ~~of any crime involving moral turpitude~~ in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Any such record shall be considered in the manner prescribed by subsection (q) of Code Section 43-1-19;

(4) Been arrested, charged, and sentenced for the commission of any felony, or ~~any crime involving moral turpitude,~~ covered misdemeanor where such record is considered in the manner prescribed by subsection (q) of Code Section 43-1-19 and:

(A) A plea of nolo contendere was entered to the charge; or

(B) ~~First offender treatment without adjudication of guilt pursuant to the charge was granted; or~~ The licensee or applicant is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2.

~~(C) An adjudication or sentence was otherwise withheld or not entered on the charge.~~ The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;"

SECTION 2-4.

Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering or the practice of a cosmetologist in prisons and certification of registration, by revising subsection (b) as follows:

"(b) The board shall be required to test an inmate who is an applicant for a certificate or registration under this chapter who has completed successfully a barber or cosmetologist training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19; provided, however, that the board shall not apply the provisions ~~of paragraph (4)~~ of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate."

SECTION 2-5.

Said title is further amended in Code Section 43-24A-9, relating to provisional permits for massage therapists, by revising subsection (a) as follows:

"(a) A provisional permit to practice as a provisionally permitted massage therapist shall, upon proper application, be issued for a six-month period to an applicant who meets the following criteria:

(1) Holds and maintains a valid license as a massage therapist in another state;

(2) Is not a resident of this state as confirmed in a secure and verifiable document, as defined in Code Section 50-36-2;

(3) Has not had a license or permit to practice as a massage therapist voided, revoked, suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and

(4) Has not been convicted of a directly related felony in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to such charge or ~~the affording of first offender treatment to any such charge~~ a plea to such charge for which an individual is currently serving a first offender sentence in the same manner as provided in ~~paragraph~~

~~(4) of subsection (a) of~~ subsection (q) of Code Section 43-1-19. For purposes of this paragraph, the term 'felony' shall have the same meaning a provided in Code Section

43-1-1."

SECTION 2-6.

Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by revising subsection (b) as follows:

"(b)(1) As used in this subsection, the term:

(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any ~~crime involving moral turpitude~~ covered misdemeanor, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or ~~any crime involving moral turpitude~~ a covered misdemeanor; or a plea of nolo contendere to a charge of a felony or ~~any crime involving moral turpitude~~ covered misdemeanor.

(B) 'Felony' means any offense committed:

(i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or

(ii) In another state and deemed a felony under the laws of that state or the laws of the United States.

(1.1) No person who has a directly related conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval.

(1.2) The board shall recommend disciplinary action or denial of an application for licensure or approval authorized by this chapter on the basis of a criminal conviction or adjudication only if the conviction or adjudication directly relates to the role of an appraiser. In determining if a criminal conviction or adjudication directly relates to the role of an appraiser, the board shall consider:

(A) The nature and seriousness of the crime and the direct relationship of the criminal conduct to the duties and responsibilities of the appraiser;

(B) The age of the individual at the time such crime was committed;

(D) All circumstances relative to such crime, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the offense; and

(E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held, including, but not limited to:

(i) The completion of the criminal sentence;

(ii) A program and treatment certificate issued by the Board of Corrections;

(iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program;

(iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;

(v) Education and training;

(vi) Employment history;

(vii) Employment aspirations;

(viii) The individual's current family or community responsibilities, or both;

(ix) Any affidavits or other written documents, including, but not limited to, character references; and

(x) Any other information regarding rehabilitation the individual submits to the board.

The board shall have the burden of determining whether it is more likely than not that a criminal record supports an adverse licensing decision.

(1.3) In determining whether to terminate and revoke a license, the board shall not consider nor require an individual to disclose:

(A) A deferred adjudication, discharged first offender treatment, completed diversion program, completed conditional discharge, or arrest not followed by a conviction;

(B) A conviction for which no sentence of incarceration can be imposed;

(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or pardoned, provided that the board may consider a plea for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or

(D) A juvenile adjudication.

~~(1.2)(1.4)~~ A person who has a directly related conviction in a court of competent jurisdiction of this state or any other state shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:

(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a ~~single crime of moral turpitude~~ covered misdemeanor, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval;

(B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation violation, or a ~~crime involving moral turpitude~~ covered misdemeanor are pending against the person; and

(C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

(2) Where an applicant for any classification or approval authorized by this chapter has been convicted in a court of competent jurisdiction of this state or any other state of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude, such conviction in itself may be a sufficient ground for refusal of a classification or approval. An applicant for any classification or approval authorized by this chapter who has been convicted of any offense enumerated in this paragraph may be issued a classification or approval by the board only if:

(A) The time periods identified in paragraph (1.1) of this subsection have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;

(B) No criminal charges are pending against the applicant; and

(C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public."

SECTION 2-7.

Said title is further amended in Code Section 43-40-15, relating to grant of licenses for brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by revising subsection (b) as follows:

"(b)(1) As used in this Code section, the term:

(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or ~~any crime involving moral turpitude~~ covered misdemeanor, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or ~~any crime involving moral turpitude~~ covered misdemeanor; or a plea of nolo contendere to a charge of a felony or ~~any crime involving moral turpitude~~ covered misdemeanor.

(B) 'Felony' means any offense committed:

(i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or

(ii) In another state and deemed a felony under the laws of that state or the laws of the United States.

(1.2) 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;

(D) All circumstances relative to such crime, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the offense; and

(E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held, including, but not limited to:

(i) The completion of the criminal sentence;

(ii) A program and treatment certificate issued by the Board of Corrections;

(iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program;

(iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;

(v) Education and training;

(vi) Employment history;

(vii) Employment aspirations;

(viii) The individual's current family or community responsibilities, or both;

(ix) Any affidavits or other written documents, including, but not limited to, character references; and

(x) Any other information regarding rehabilitation the individual submits to the commission.

The commission shall have the burden of determining whether 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.

(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 2-8.

Said title is further amended in Code Section 43-45-9, relating to examination for structural pest control operator certification by the Structural Pest Control Commission, by revising subsection (a) as follows:

"(a)(1) All applicants for examination for certification as an operator must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood-destroying organisms, and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. The commission may refuse to examine anyone convicted of a ~~crime involving moral turpitude~~ directly related felony or directly related covered misdemeanor.

(2) The commission shall refuse to examine an applicant on the basis of a criminal record only if the criminal record directly relates to the role of an operator. In determining if a criminal record directly relates to the role of a pest control operator, the commission shall consider:

(A) The nature and seriousness of the crime and the direct relationship of the criminal conduct to the duties and responsibilities of the operator;

(B) The age of the individual at the time such crime was committed;

(D) All circumstances relative to such crime, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the offense; and

(E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the certificate is sought or held, including, but not limited to:

(i) The completion of the criminal sentence;

(ii) A program and treatment certificate issued by the Board of Corrections;

(iii) Completion of, or active participation in, a rehabilitative drug or alcohol treatment program;

(iv) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;

(v) Education and training;

(vi) Employment history;

(vii) Employment aspirations;

(viii) The individual's current family or community responsibilities, or both;

(ix) Whether a bond is required to practice the occupation;

(x) Any affidavits or other written documents, including, but not limited to, character references; and

(xi) Any other information regarding rehabilitation the individual submits to the commission.

(3) In determining whether to refuse to examine an applicant, the commission shall not consider nor require an individual to disclose:

(A) A deferred adjudication, discharged first offender treatment, completed diversion program, completed conditional discharge, or arrest not followed by a conviction;

(B) A conviction for which no sentence of incarceration can be imposed;

(D) A juvenile adjudication;

(E) A misdemeanor conviction older than five years, unless the offense of conviction is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or

(F) A conviction older than five years for which the individual was not incarcerated, or a conviction for which the individual's incarceration ended more than five years before the date of the commission's consideration, except for a felony conviction related to:

(i) A criminal sexual act;

(ii) Criminal fraud or embezzlement;

(iii) Aggravated assault;

(iv) Aggravated robbery;

(v) Aggravated abuse, neglect, or endangerment of a child;

(vi) Arson;

(vii) Carjacking;

(viii) Kidnapping; or

(ix) Manslaughter, homicide, or murder.

(4)(A) Notwithstanding any other provision of law, an individual with a criminal record may petition the commission at any time, including while incarcerated and before starting or completing any required professional qualifications for certification, for a predetermination as to whether the individual's criminal record will disqualify such individual from obtaining a certification as an operator.

(B) The petition for predetermination shall include the individual's criminal record or authorize the commission to obtain the individual's criminal record. The petitioning individual need not disclose any offenses falling under paragraph (3) of this subsection. The petition shall also include any information the petitioner chooses to submit concerning the circumstances of his or her record and his or her rehabilitation.

(C) In considering predetermination petitions, the commission shall apply the direct relationship standard in paragraph (2) of this subsection and shall not consider any offenses falling under paragraph (3) of this subsection. The commission shall support any adverse predetermination by determining whether it is more likely than not that a criminal record supports an adverse certification decision.

(D) A predetermination made under this paragraph that a petitioner is eligible for a certification shall be binding on the commission only if the petitioner applies for certification and fulfills all other requirements for operator certification and the petitioner's submitted criminal record was correct and remains unchanged at the time of his or her application for certification.

(E) If a petitioner's criminal record includes matters that may disqualify the petitioner from certification, the commission 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 commission may predetermine that the petitioner's criminal record is likely grounds for denial of certification only after the commission 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 commission shall not make an adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The commission 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 commission decides that a predetermination petitioner is ineligible for a license, the commission 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 provided for in paragraph (2) of this subsection the commission deemed directly relevant;

(ii) An explanation of the process and right to appeal the commission'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 commission not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier.

PART III

SECTION 3-1.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Article 1 of Chapter 23, relating to agents, agencies, subagents, counselors, and adjusters, by adding two new Code sections to read as follows:

"33-23-21.2.

(a) Notwithstanding any other provision of law, an individual with a criminal record may petition the Commissioner 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 Commissioner to obtain the individual's criminal record. The petition shall also include information submitted by the petitioner concerning the circumstances of his or her record and his or her rehabilitation.

(c) A predetermination made under this Code section that a petitioner is eligible for a license shall be binding on the Commissioner 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.

(d) If a petitioner's criminal record includes matters that may disqualify the petitioner from licensure, the Commissioner shall provide notice and opportunity for a hearing in accordance with Chapter 2 of this title.

(e) If, after notice and the opportunity for a hearing, the Commissioner decides that a predetermination petitioner is ineligible for a license, the Commissioner shall notify the petitioner of the following:

(1) The grounds and rationale for the predetermination, including the factors in Code Section 33-23-21.2 the Commissioner deemed directly relevant;

(2) An explanation of the process and right to appeal the Commissioner's predetermination decision; 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 Commissioner not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier.

(f) Notwithstanding any other provision of this title to the contrary, a denial by the Commissioner 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 reviewing the denial of a predetermination petition, the applicant shall have the burden of proving that his or her criminal record does not directly relate to the licensed occupation."

"33-23-43.11.

(1) The grounds and rationale for the predetermination, including the specific convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed directly relevant;

(2) An explanation of the process and right to appeal the Commissioner's predetermination decision; 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 Commissioner not before one year following a final judgment on his or her initial petition or upon completing the remedial actions, whichever is earlier.

PART IV

SECTION 4-1.

Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, is amended by adding a new subsection to Code Section 25-4-8, relating to qualifications of firefighters generally, to read as follows: "(d) A person who pleaded guilty to a felony offense under Article 3 of Chapter 8 of Title 42 and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter 8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if such person otherwise meets the qualifications set forth in this Code section. Such person shall provide information on the circumstances underlying the plea of guilty, as requested by the council, to enable the council to make an informed decision on such individual's qualification status."

PART V

SECTION 5-1.

Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of sentence for trafficking victim defendants, is amended by revising subparagraph (a)(2)(C) and subsection (b) as follows:

"(C) Shall be submitted with a copy of his or her criminal history background check report conducted by the Georgia Crime Information Center that has been completed no more than ~~three~~ ten business days prior to the filing of the petition; provided, however, that the defendant shall not be charged a fee by the Georgia Crime Information Center for a report produced for purposes of this Code section; and" "(b) When a petition provided for under subsection (a) of this Code section is filed, it shall be filed under seal. The clerk of court shall accept defendant's filing under seal without need of a court order for any petition provided for under subsection (a) of this Code section. All subsequent filings, motions, hearings, court recordings, court transcripts, orders, and other court documents related to such petition shall remain under seal without need for any additional court order."

PART VI

SECTION 6-1.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2026.

(b) Parts I through IV of this Act shall become effective on July 1, 2027, and shall apply to all applications for licensure submitted on or after such date.

SECTION 6-2.

All laws and parts of laws in conflict with this Act are repealed.