HB238 Alabama 2025 Session

Summary

Primary Sponsor

Parker MooreRepresentative

Republican

Session

2025 Regular Session

Title

Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided

Summary

HB238 makes it easier for some people with criminal records to get professional licenses, creates a certificate to improve employability for parolees, and adds limited immunity for employers who hire those with these protections.

What This Bill Does

It adds a presumption of rehabilitation for licenses when someone has an order of limited relief, and it prevents automatic license denial solely because of a conviction if such relief exists. It creates a formal process for requesting a board to determine if a conviction disqualifies someone from a license, with a 30-day determination and factors the board must consider. It requires the Board of Pardons and Paroles to issue a certificate of employability to eligible parolees to help them find work, and it provides limited immunity to employers who hire people with this certificate or with a limited-relief order, while keeping other legal claims intact.

Who It Affects

• People with criminal convictions who seek or hold occupational licenses (including those released on parole): may face less automatic disqualification, can request a formal board determination on licensure, and may obtain a certificate of employability to aid employment.
• Employers, licensing boards, and the Board of Pardons and Paroles: gain potential immunity in negligent-hiring cases for employees with a certificate of employability or with a limited-relief order, must follow new determination and publication processes, and may charge a small fee for license-disqualification determinations.

Key Provisions

• Creates a presumption of rehabilitation for licensure if an individual has an order of limited relief, and allows licensing boards to consider underlying conduct but not automatically disqualify solely on conviction when relief is granted.
• Establishes a formal process (41-9A-2.1) for individuals to request a board determination on whether a conviction disqualifies them from a license; boards must decide within 30 days and provide explanations based on defined factors; you may attach a valid order of limited relief to a license application.
• Adds the certificate of employability, issued by the Board of Pardons and Paroles to eligible individuals released from DOC custody; sets eligibility criteria, prohibits issuance to sex offenders or those with violent offenses, and allows revocation if the recipient commits a felony after issuance.
• Provides limited immunity to employers in negligent-hiring lawsuits if they hired a person with a certificate of employability or with a limited-relief order and knew about it at the time of hiring; immunity does not extend to other types of claims.
• Allows licensing boards to charge up to $20 per request for determinations and requires boards to publish the standards and factors used to assess whether a conviction is directly related to license duties.
• Effective date is October 1, 2025; the act applies to actions occurring on or after that date; includes various exemptions for certain law enforcement, interstate licensure, and specific titles.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Incarceration