The bill SB138 amends several sections of the Code of Alabama 1975 to improve employment opportunities for individuals with criminal convictions. Key provisions include the establishment of a presumption of fitness for occupational licensure under certain conditions and the creation of a certificate of employability issued by the Board of Pardons and Paroles for individuals released on parole. The bill also provides immunity to employers who hire individuals with an order of limited relief or a certificate of employability, thereby encouraging the employment of formerly incarcerated individuals. Significant changes include the deletion of provisions that allowed automatic denial of licenses based on criminal convictions when a valid order of limited relief was issued, enhancing access to professional licenses for those with criminal histories.

Additionally, the bill specifies that individuals required to register as sex offenders or those convicted of violent offenses are ineligible for an order of limited relief or a certificate of employability. It mandates that occupational licensing boards cannot deny applications based on certain criminal convictions that are not directly related to the profession, including those that have been pardoned, sealed, or expunged. The bill also requires boards to consider various factors on a case-by-case basis when determining the relevance of a criminal conviction to the profession and to publish their standards for such determinations. The act is set to take effect on October 1, 2025, and maintains the state's sovereign immunity regarding the issuance of these certificates.

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