The proposed bill, SB138 Engrossed, amends 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 for those granted an order of limited relief, as well as immunity for employers who hire these individuals. The Board of Pardons and Paroles is mandated to issue a certificate of employability to eligible individuals upon their release from parole, facilitating their reintegration into the workforce. However, individuals required to register as sex offenders or those convicted of violent offenses are explicitly ineligible for this order of limited relief and the certificate.
Additionally, the bill outlines a process for individuals to petition for an order of limited relief, detailing the necessary documentation and court considerations. It prohibits occupational licensing boards from denying applications based on certain unrelated criminal convictions, including those that have been pardoned, sealed, or expunged, and removes vague standards like "good moral character" from the evaluation process. The bill also introduces a requirement for boards to respond to eligibility requests within 30 days and provides legal protections for employers who hire individuals with a certificate of employability, allowing them to demonstrate 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