Section 12-26-1 Definitions. As used in this chapter, the following terms have the following meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to […]
Section 12-26-10 Determination that petition filed under false pretenses, etc.; voiding of order; revocation of order. (a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 […]
Section 12-26-11 Form; annual report. (a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state. (b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an order […]
Section 12-26-2 Exclusions. This chapter does not do any of the following: (1) Provide a basis for invalidating a plea, conviction, or sentence. (2) Provide a cause of action for monetary damages. (3) Affect any of the following: a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act. b. Any licensure […]
Section 12-26-3 Petition for order of limited relief – State conviction. (a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an order of limited relief in the following venues: (1) For a conviction imposed by a circuit court, in the circuit civil court […]
Section 12-26-4 Petition for order of limited relief – Federal conviction. (a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides. (b) The circuit court shall have original jurisdiction of any […]
Section 12-26-5 Petition for order of limited relief – Conviction outside state. (a) An individual who has been convicted in the court of another state or country and has received an order of limited relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an order of limited relief […]
Section 12-26-6 Petition for order of limited relief – Exceptions. (a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances: (1) If the petitioner is serving a custodial sentence with more than six months remaining. (2) If the petitioner is currently charged with a […]
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing. (a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following: (1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to […]
Section 12-26-8 Fees; indigency. (a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief. The administrative filing fee may not be […]
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order […]
