The bill SB138 amends the Code of Alabama 1975 to improve employment opportunities for individuals with criminal convictions by establishing a presumption of fitness for occupational licensure for those granted an order of limited relief. It provides immunity for employers who hire these individuals and mandates the Board of Pardons and Paroles to issue a certificate of employability to eligible individuals upon their release from parole. The bill also sets criteria for disqualifying individuals from obtaining licenses based on their criminal history, specifically excluding those required to register as sex offenders or those convicted of violent offenses from eligibility for limited relief.

Key modifications in the bill include the removal of automatic license denials based on criminal convictions when a valid order of limited relief is issued, and the introduction of a process for individuals to request a determination of their eligibility for a license from the licensing board. The bill clarifies that occupational licensing boards must consider various factors on a case-by-case basis when evaluating the relevance of a conviction to the profession. Additionally, it outlines legal protections for employers hiring individuals with a certificate of employability, allowing such certificates to serve as evidence of due care in negligent hiring claims. The act is set to take effect on October 1, 2025, and applies to actions occurring on or after that date.

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
Enrolled: 12-26-7, 12-26-9, 41-9A-1, 41-9A-2