The proposed bill, HB238, amends the Code of Alabama 1975 to improve employment opportunities for individuals with criminal convictions. It establishes a presumption of fitness for occupational licensure for those who have received an order of limited relief and provides immunity for employers who hire these individuals, provided they were aware of the order at the time of hiring. The bill mandates the Board of Pardons and Paroles to issue a certificate of employability to eligible individuals upon their release from parole, while also clarifying that individuals required to register as sex offenders or those convicted of violent offenses are ineligible for this certificate. Additionally, it introduces a structured process for occupational licensing boards to evaluate applications based on criminal history, ensuring that boards cannot deny licenses based on unrelated convictions, pardoned or expunged offenses, or vague standards of "good moral character."
Significant changes in the bill include the deletion of previous provisions that allowed automatic denial of applications based on criminal convictions when a valid order of limited relief was present. New legal language has been inserted to require licensing boards to consider specific factors on a case-by-case basis when assessing the relevance of a criminal conviction to the profession. The bill also allows individuals to request a determination from licensing boards regarding their eligibility for licensure based on their criminal history, with a mandated response time of 30 days. Overall, HB238 aims to facilitate the reintegration of individuals with criminal records into the workforce while balancing public safety concerns. The act is set to take effect on October 1, 2025.
Statutes affected: Introduced: 12-26-7, 12-26-9, 41-9A-1, 41-9A-2
Engrossed: 12-26-7, 12-26-9, 41-9A-1, 41-9A-2