The bill amends the Code of Alabama 1975 to improve employment opportunities for individuals with criminal convictions by establishing a presumption of fitness for occupational licensure under certain conditions and creating a certificate of employability issued by the Board of Pardons and Paroles for parolees. Key provisions include granting immunity to employers who hire individuals with an order of limited relief or a certificate of employability, thereby promoting the reintegration of former offenders into the workforce. The bill also mandates that petitions for limited relief include a sworn statement detailing convictions and their consequences, and requires courts to rule on these petitions within 90 days. However, individuals required to register as sex offenders or those convicted of violent offenses are disqualified from obtaining an order of limited relief.

Additionally, SB138 modifies the criteria for occupational licensing boards, preventing them from denying licenses based on convictions that are not directly related to the profession, pardoned or expunged convictions, or arrests without convictions. The bill introduces a new process for individuals to seek eligibility determinations from licensing boards, which must respond within 30 days. It also clarifies that previous automatic denial provisions based on criminal convictions are removed, and the regulations do not apply to law enforcement licenses. The bill establishes a framework for issuing certificates of employability, outlines conditions for revocation, and allows these certificates to serve as evidence in negligent hiring claims, providing employers with immunity under specific circumstances. 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
Enrolled: 12-26-7, 12-26-9, 41-9A-1, 41-9A-2