(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 seek an order of limited relief.
(2) Whether the petitioner has previously applied for an order of limited relief in any jurisdiction and whether an order has been granted previously.
(3) A list specifying the convictions and collateral consequences to which the order should apply.
(b) Once a petition has been filed, the circuit clerk shall serve the petition on the occupational licensing board, as defined in Section 41-9A-1, or other entity responsible for the collateral consequence that the petitioner is seeking relief from. Once service is made, the court shall review available presentence and other reports on the defendant and may order a postsentence report to be completed by the Board of Pardons and Paroles or by the Commissioner of the Department of Corrections. The postsentence report shall contain information required by the court, which may include, but not be limited to, any of the following:
(1) A statement of the offense or offenses and surrounding circumstances.
(2) A statement of the petitioner's criminal and juvenile record.
(3) A record of previous applications for orders of limited relief.
(4) A statement of the petitioner's medical and psychological history, if available.
(5) A statement of the petitioner's history while under the custody of the Department of Corrections, if any.
(6) Any previous probation or sentencing reports prepared by the Board of Pardons and Paroles.
(c) Upon completion, the Board of Pardons and Paroles shall provide copies of the postsentence report to the court and to either the petitioner's attorney or the petitioner, if not represented by an attorney.
(d) When a petitioner seeks relief from a conviction from a jurisdiction other than this state, the circuit court may require the petitioner to have additional documentation sent from that jurisdiction, including, but not limited to, any of the following:
(1) Any orders of limited relief, Certificates of Relief from Disabilities, Certificates of Rehabilitation, or similar documents issued by that jurisdiction.
(2) Any transcripts or other court records.
(3) Any sentencing reports, probation records, or similar documents.
(4) Any other available documentation necessary in considering the merits of the petition.
(e) Filing a petition for an order of limited relief shall constitute a waiver of privilege for any parole or probation records related to the offenses for which the petition is filed.
(f) Following a ruling by the court on the petition, any filed parole or probation records or other material that is otherwise subject to privilege shall be considered confidential.
Last modified: May 3, 2021