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 to 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 convicted of violent offenses from eligibility for limited relief.
Key modifications include the deletion of provisions that allowed for automatic denial of licenses based on criminal convictions when a valid order of limited relief was issued, thereby enhancing access to professional licenses for individuals with criminal histories. The bill also introduces a new section allowing individuals to request a determination of their eligibility for a license from an occupational licensing board, which must respond within 30 days. Additionally, it clarifies that employers can only be held liable for retaining an employee with a certificate of employability if they had actual knowledge of any danger posed by the employee or if the employee was convicted of a felony after hiring. The act is set to take effect on October 1, 2025, and maintains the state's sovereign immunity regarding the issuance of 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