Under existing law, certain occupational licensing boards may automatically disqualify an applicant convicted of a crime from licensure to practice a particular profession or occupation unless the individual has received an order of limited relief granted by a circuit court, in which case the occupational licensing board may not automatically disqualify the individual but may consider the conduct underlying the conviction when determining whether to disqualify the individual from licensure. This bill would create a presumption of rehabilitation and fitness for licensure if an individual has been granted an order of limited relief. This bill would establish circumstances under which an individual's felony conviction may not disqualify the individual from obtaining an occupational license and would provide immunity to employers in certain circumstances that hire individuals who have been granted an order of limited relief. This bill would establish a formal process for an individual to request an occupational licensing board to determine whether the individual's conviction disqualifies that individual from obtaining an occupational license. This bill would require the Board of Pardons and Paroles to create a certificate of employability to be issued to those individuals, when released on parole from the custody of the Department of Corrections, who meet certain eligibility criteria established by the board, to assist those individuals in obtaining employment. This bill would prohibit certain individuals from being eligible for a certificate of employability. This bill would also provide immunity in certain circumstances to employers that hire individuals who have been issued a certificate of employability.

Statutes affected:
Introduced: 12-26-7, 12-26-9, 41-9A-1, 41-9A-2