AL
Alabama Senate Bill SB138

Alabama 2025 Regular Session

Alabama Senate Bill SB138 Compare Versions

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33 SB138
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55 By Senator Smitherman
66 RFD: Judiciary
77 First Read: 06-Feb-25
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12-5 SB138 Engrossed
12+5 6HW8313-1 02/06/2025 PMG (L)PMG 2025-626
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1414 First Read: 06-Feb-25
15-A BILL
16-TO BE ENTITLED
17-AN ACT
18-Relating to eligibility for employment of convicted
19-individuals; to amend Sections 12-26-7, 12-26-9, 41-9A-1, and
20-41-9A-2, Code of Alabama 1975; to add Section 41-9A-2.1 to the
21-Code of Alabama 1975; to create a presumption of fitness for
22-occupational licensure in certain circumstances; to provide
23-immunity to employers in certain circumstances that hire
24-individuals granted an order of limited relief; to provide
25-further for the process under which an occupational licensing
26-board may disqualify an individual convicted of a crime from
27-obtaining a license to practice a profession or occupation; to
28-require the Board of Pardons and Paroles to create a
29-certificate of employability to be issued to certain
30-individuals upon their release on parole from the Department
31-of Corrections; and to provide immunity to employers in
32-certain circumstances that hire individuals who have been
33-issued certificates of employability.
34-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35-Section 1. Sections 12-26-7, 12-26-9, 41-9A-1, and
36-41-9A-2, Code of Alabama 1975, are amended to read as follows:
37-"§12-26-7
15+SYNOPSIS:
16+Under existing law, certain occupational
17+licensing boards may automatically disqualify an
18+applicant convicted of a crime from licensure to
19+practice a particular profession or occupation unless
20+the individual has received an order of limited relief
21+granted by a circuit court, in which case the
22+occupational licensing board may not automatically
23+disqualify the individual but may consider the conduct
24+underlying the conviction when determining whether to
25+disqualify the individual from licensure.
26+This bill would create a presumption of
27+rehabilitation and fitness for licensure if an
28+individual has been granted an order of limited relief.
29+This bill would establish circumstances under
30+which an individual's felony conviction may not
31+disqualify the individual from obtaining an
32+occupational license and would provide immunity to
33+employers in certain circumstances that hire
34+individuals who have been granted an order of limited
35+relief.
36+This bill would establish a formal process for
37+an individual to request an occupational licensing
38+board to determine whether the individual's conviction
39+disqualifies that individual from obtaining an
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67-"§12-26-7
68-(a) A petition to obtain an order of limited relief
69-shall include a sworn statement made under penalty of perjury
70-by the petitioner stating all of the following:
71-(1) That the petitioner is not subject to the
72-limitations in Section 12-26-6 and is eligible to seek an
73-order of limited relief.
74-(2) Whether the petitioner has previously applied for
75-an order of limited relief in any jurisdiction and whether an
76-order has been granted previously.
77-(3) A list specifying the any convictions and
78-collateral consequences to which the order should apply.
79-(b) Once a petition has been filed, the circuit clerk
80-shall serve the petition on the occupational licensing board,
81-as defined in Section 41-9A-1, or other entity responsible for
82-the collateral consequence that the petitioner is seeking
83-relief from. Once service is made, the court shall review
84-available presentence and other reports on the defendant and
85-may order a postsentence report to be completed by the Board
86-of Pardons and Paroles or by the Commissioner of the
87-Department of Corrections. The postsentence report shall
88-contain information required by the court, which may include,
89-but not be limited to, any of the following:
90-(1) A statement of the offense or offenses and
91-surrounding circumstances.
92-(2) A statement of the petitioner's criminal and
93-juvenile record.
94-(3) A record of previous applications for orders of
95-limited relief.
69+disqualifies that individual from obtaining an
70+occupational license.
71+This bill would require the Board of Pardons and
72+Paroles to create a certificate of employability to be
73+issued to those individuals, when released on parole
74+from the custody of the Department of Corrections, who
75+meet certain eligibility criteria established by the
76+board, to assist those individuals in obtaining
77+employment.
78+This bill would prohibit certain individuals
79+from being eligible for a certificate of employability.
80+This bill would also provide immunity in certain
81+circumstances to employers that hire individuals who
82+have been issued a certificate of employability.
83+A BILL
84+TO BE ENTITLED
85+AN ACT
86+Relating to eligibility for employment of convicted
87+individuals; to amend Sections 12-26-7, 12-26-9, 41-9A-1, and
88+41-9A-2, Code of Alabama 1975; to add Section 41-9A-2.1 to the
89+Code of Alabama 1975; to create a presumption of fitness for
90+occupational licensure in certain circumstances; to provide
91+immunity to employers in certain circumstances that hire
92+individuals granted an order of limited relief; to provide
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125-limited relief.
126-(4) A statement of the petitioner's medical and
127-psychological history, if available.
128-(5) A statement of the petitioner's history while under
129-the custody of the Department of Corrections, if any.
130-(6) Any previous probation or sentencing reports
131-prepared by the Board of Pardons and Paroles.
132-(c) Upon completion, the Board of Pardons and Paroles
133-shall provide copies of the postsentence report to the court
134-and to either the petitioner's attorney or the petitioner, if
135-not represented by an attorney.
136-(d) When a petitioner seeks relief from a conviction
137-from a jurisdiction other than this state, the circuit court
138-may require the petitioner to have additional documentation
139-sent from that jurisdiction, including, but not limited to,
140-any of the following:
141-(1) Any orders of limited relief, Certificates of
142-Relief from Disabilities, Certificates of Rehabilitation, or
143-similar documents issued by that jurisdiction.
144-(2) Any transcripts or other court records.
145-(3) Any sentencing reports, probation records, or
146-similar documents.
147-(4) Any other available documentation necessary in
148-considering the merits of the petition.
149-(e) Filing a petition for an order of limited relief
150-shall constitute a waiver of privilege for any parole or
151-probation records related to the offenses for which the
152-petition is filed.
153-(f) Following a ruling by the court on the petition,
122+individuals granted an order of limited relief; to provide
123+further for the process under which an occupational licensing
124+board may disqualify an individual convicted of a crime from
125+obtaining a license to practice a profession or occupation; to
126+require the Board of Pardons and Paroles to create a
127+certificate of employability to be issued to certain
128+individuals upon their release on parole from the Department
129+of Corrections; and to provide immunity to employers in
130+certain circumstances that hire individuals who have been
131+issued certificates of employability.
132+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
133+Section 1. Sections 12-26-7, 12-26-9, 41-9A-1, and
134+41-9A-2, Code of Alabama 1975, are amended to read as follows:
135+"§12-26-7
136+(a) A petition to obtain an order of limited relief
137+shall include a sworn statement made under penalty of perjury
138+by the petitioner stating all of the following:
139+(1) That the petitioner is not subject to the
140+limitations in Section 12-26-6 and is eligible to seek an
141+order of limited relief.
142+(2) Whether the petitioner has previously applied for
143+an order of limited relief in any jurisdiction and whether an
144+order has been granted previously.
145+(3) A list specifying the any convictions and
146+collateral consequences to which the order should apply.
147+(b) Once a petition has been filed, the circuit clerk
148+shall serve the petition on the occupational licensing board,
149+as defined in Section 41-9A-1, or other entity responsible for
150+the collateral consequence that the petitioner is seeking
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183-(f) Following a ruling by the court on the petition,
184-any filed parole or probation records or other material that
185-is otherwise subject to privilege shall be considered
186-confidential.
187-(g) An individual required to register as a sex
188-offender pursuant to Chapter 20A of Title 15 or convicted of a
189-violent offense as defined in Section 12-25-32 is ineligible
190-to obtain an order of limited relief. "
191-"§12-26-9
192-(a) The circuit court shall rule on the merits of the
193-petition in accordance with subsection (d) within 90 calendar
194-days of the date the petition was filed. The court, for good
195-cause, may extend the time within which it must rule on the
196-petition by order entered prior to the expiration of the
197-initial 90-day period.
198-(b) If the court determines that a hearing is not
199-necessary, the court may rule without a hearing.
200-(c) If a hearing is held, the hearing shall be
201-conducted in a manner prescribed by the trial judge and may
202-include oral argument and review of relevant documentation in
203-support of, or in objection to, the granting of the petition.
204-Leave of the court shall be obtained for the taking of witness
205-testimony relating to any disputed fact.
206-(d) In ruling on the petition, the court may consider
207-the following factors, in addition to the information
208-contained in the postsentence report:
209-(1) The nature and seriousness of the offense.
210-(2) The circumstances under which the offense occurred.
211-(3) Whether the offense or offenses for which the order
180+the collateral consequence that the petitioner is seeking
181+relief from. Once service is made, the court shall review
182+available presentence and other reports on the defendant and
183+may order a postsentence report to be completed by the Board
184+of Pardons and Paroles or by the Commissioner of the
185+Department of Corrections. The postsentence report shall
186+contain information required by the court, which may include,
187+but not be limited to, any of the following:
188+(1) A statement of the offense or offenses and
189+surrounding circumstances.
190+(2) A statement of the petitioner's criminal and
191+juvenile record.
192+(3) A record of previous applications for orders of
193+limited relief.
194+(4) A statement of the petitioner's medical and
195+psychological history, if available.
196+(5) A statement of the petitioner's history while under
197+the custody of the Department of Corrections, if any.
198+(6) Any previous probation or sentencing reports
199+prepared by the Board of Pardons and Paroles.
200+(c) Upon completion, the Board of Pardons and Paroles
201+shall provide copies of the postsentence report to the court
202+and to either the petitioner's attorney or the petitioner, if
203+not represented by an attorney.
204+(d) When a petitioner seeks relief from a conviction
205+from a jurisdiction other than this state, the circuit court
206+may require the petitioner to have additional documentation
207+sent from that jurisdiction, including, but not limited to,
208+any of the following:
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241-(3) Whether the offense or offenses for which the order
242-is sought were the result of an isolated instance or a pattern
243-of conduct.
244-(4) The relationship between the offense and collateral
245-consequence or consequences from which the petitioner seeks
246-relief.
247-(5) Available probation or parole records, reports, or
248-recommendations.
249-(6) Evidence of previous orders of limited relief
250-granted to the petitioner or prior expungement of the
251-petitioner's record.
252-(7) Any other matter the court deems relevant.
253-(e) The court shall grant the petition if it is
254-reasonably satisfied from the evidence that granting the
255-petition will materially assist the petitioner in obtaining or
256-maintaining employment and in living a law-abiding life, and
257-will not pose an unreasonable risk to the safety or welfare of
258-the public or any individual.
259-(f) There is no right to an order of limited relief,
260-and any request for such an order may be denied at the sole
261-discretion of the court.
262-(g) The ruling of the court shall be subject to direct
263-appeal to the Alabama Court of Civil Appeals and shall not be
264-reversed absent a showing of an abuse of discretion.
265-(h) When the court grants a petition for an order of
266-limited relief, the petitioner shall be entitled to three
267-copies of the order from the clerk's office.
268-(i) When an order of limited relief is granted, an
269-occupational licensing board, as defined in Section 41-9A-1,
238+any of the following:
239+(1) Any orders of limited relief, Certificates of
240+Relief from Disabilities, Certificates of Rehabilitation, or
241+similar documents issued by that jurisdiction.
242+(2) Any transcripts or other court records.
243+(3) Any sentencing reports, probation records, or
244+similar documents.
245+(4) Any other available documentation necessary in
246+considering the merits of the petition.
247+(e) Filing a petition for an order of limited relief
248+shall constitute a waiver of privilege for any parole or
249+probation records related to the offenses for which the
250+petition is filed.
251+(f) Following a ruling by the court on the petition,
252+any filed parole or probation records or other material that
253+is otherwise subject to privilege shall be considered
254+confidential.
255+(g) An individual required to register as a sex
256+offender pursuant to Chapter 20A of Title 15 or convicted of a
257+violent offense as defined in Section 12-25-32 is ineligible
258+to obtain an order of limited relief. "
259+"§12-26-9
260+(a) The circuit court shall rule on the merits of the
261+petition in accordance with subsection (d) within 90 calendar
262+days of the date the petition was filed. The court, for good
263+cause, may extend the time within which it must rule on the
264+petition by order entered prior to the expiration of the
265+initial 90-day period.
266+(b) If the court determines that a hearing is not
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299-occupational licensing board, as defined in Section 41-9A-1,
300-may still consider the conduct underlying the conviction upon
301-which the order was granted in determining whether to deny,
302-revoke, or suspend a license , but the order of limited relief
303-shall create a presumption of rehabilitation and fitness for
304-obtaining a license as defined in Section 41-9A-1.
305-(j) In a judicial or administrative proceeding alleging
306-negligent hiring, an order of limited relief granted to an
307-individual pursuant to this section may be introduced as
308-evidence of a person's due care in hiring that individual if
309-the person knew of the order of limited relief at the time of
310-the alleged negligent hiring.
311-(k) In any proceeding on a claim against an employer
312-for negligent hiring based upon the prior conviction of an
313-employee, an order of limited relief granted to the employee
314-pursuant to this section shall provide immunity for the
315-employer with respect to the claim of negligent hiring if the
316-employer knew of the order of limited relief at the time of
317-the alleged negligent hiring. This subsection does not provide
318-immunity to the employer for other claims related to the
319-conduct of the employee.
320-(l) An employer who hires an individual who has been
321-granted an order of limited relief is subject to suit in a
322-civil action based on or relating to the retention of the
323-individual as an employee only if:
324-(1) The individual, after being hired, demonstrates a
325-danger to others or is subsequently convicted of a felony; and
326-(2) The individual is retained by the employer after
327-the demonstration of danger to others or a subsequent
296+(b) If the court determines that a hearing is not
297+necessary, the court may rule without a hearing.
298+(c) If a hearing is held, the hearing shall be
299+conducted in a manner prescribed by the trial judge and may
300+include oral argument and review of relevant documentation in
301+support of, or in objection to, the granting of the petition.
302+Leave of the court shall be obtained for the taking of witness
303+testimony relating to any disputed fact.
304+(d) In ruling on the petition, the court may consider
305+the following factors, in addition to the information
306+contained in the postsentence report:
307+(1) The nature and seriousness of the offense.
308+(2) The circumstances under which the offense occurred.
309+(3) Whether the offense or offenses for which the order
310+is sought were the result of an isolated instance or a pattern
311+of conduct.
312+(4) The relationship between the offense and collateral
313+consequence or consequences from which the petitioner seeks
314+relief.
315+(5) Available probation or parole records, reports, or
316+recommendations.
317+(6) Evidence of previous orders of limited relief
318+granted to the petitioner or prior expungement of the
319+petitioner's record.
320+(7) Any other matter the court deems relevant.
321+(e) The court shall grant the petition if it is
322+reasonably satisfied from the evidence that granting the
323+petition will materially assist the petitioner in obtaining or
324+maintaining employment and in living a law-abiding life, and
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357-the demonstration of danger to others or a subsequent
358-conviction that is substantially similar to the conduct
359-resulting in the prior conviction upon which the order of
360-limited relief was granted. "
361-"§41-9A-1
362-As used in this chapter, the following terms have the
363-following meanings:
364-(1) LICENSE. Any license, certificate, or other
365-evidence of qualification that an individual is required to
366-obtain before he or she may engage in or represent himself or
367-herself to be a member of a particular profession or
368-occupation. The term does not include certification by the
369-Alabama Peace Officers' Standards and Training Commission or
370-driver licenses.
371-(2) OCCUPATIONAL LICENSING BOARD. Any state board,
372-agency, commission, or other entity in this state that is
373-established for the primary purpose of regulating the entry of
374-individuals into, or the conduct of individuals within, or
375-both, a particular profession or occupation, and that is
376-authorized to issue licenses. The term does not include any
377-state agency staffed by full-time state employees that, as a
378-part of its regular functions, may issue licenses and does not
379-include a board governed by Chapter 9, Chapter 23, or Chapter
380-24 of Title 34."
381-"§41-9A-2
382-(a) Notwithstanding any other law to the contrary, an
383-occupational licensing board shall not deny an application for
384-a license due to any of the following:
385-(1) A criminal conviction that is not directly related
354+maintaining employment and in living a law-abiding life, and
355+will not pose an unreasonable risk to the safety or welfare of
356+the public or any individual.
357+(f) There is no right to an order of limited relief,
358+and any request for such an order may be denied at the sole
359+discretion of the court.
360+(g) The ruling of the court shall be subject to direct
361+appeal to the Alabama Court of Civil Appeals and shall not be
362+reversed absent a showing of an abuse of discretion.
363+(h) When the court grants a petition for an order of
364+limited relief, the petitioner shall be entitled to three
365+copies of the order from the clerk's office.
366+(i) When an order of limited relief is granted, an
367+occupational licensing board, as defined in Section 41-9A-1,
368+may still consider the conduct underlying the conviction upon
369+which the order was granted in determining whether to deny,
370+revoke, or suspend a license , but the order of limited relief
371+shall create a presumption of rehabilitation and fitness for
372+obtaining a license as defined in Section 41-9A-1.
373+(j) In a judicial or administrative proceeding alleging
374+negligent hiring, an order of limited relief granted to an
375+individual pursuant to this section may be introduced as
376+evidence of a person's due care in hiring that individual if
377+the person knew of the order of limited relief at the time of
378+the alleged negligent hiring.
379+(k) In any proceeding on a claim against an employer
380+for negligent hiring based upon the prior conviction of an
381+employee, an order of limited relief granted to the employee
382+pursuant to this section shall provide immunity for the
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415-(1) A criminal conviction that is not directly related
416-to the duties and responsibilities of the profession or
417-occupation for which the license is required.
418-(2) A criminal conviction that has been pardoned,
419-sealed, expunged, or otherwise nullified or made confidential
420-by the jurisdiction from which it originated.
421-(3) An arrest that did not result in a criminal
422-conviction and for which criminal charges are not currently
423-pending.
424-(4) An applicant's lack of "good moral character" or
425-failure to adhere to any similarly vague or generic standard.
426-(b) In determining whether a criminal conviction is
427-directly related to the duties and responsibilities of the
428-profession or occupation for which a license is required, an
429-occupational licensing board shall consider all of the
430-following factors on a case-by-case basis:
431-(1) The nature and seriousness of the crime for which
432-the individual was convicted.
433-(2) The nature of the specific duties and
434-responsibilities for which the license is required.
435-(3) The age of the individual at the time of the
436-commission of the crime.
437-(4) The passage of time since the commission of the
438-crime.
439-(5) Any evidence of rehabilitation or treatment
440-undertaken by the individual that might mitigate the direct
441-relationship between the criminal conviction and the duties
442-and responsibilities of the profession or occupation sought.
443-(c) An occupational licensing board that makes
412+pursuant to this section shall provide immunity for the
413+employer with respect to the claim of negligent hiring if the
414+employer knew of the order of limited relief at the time of
415+the alleged negligent hiring. This subsection does not provide
416+immunity to the employer for other claims related to the
417+conduct of the employee.
418+(l) An employer who hires an individual who has been
419+granted an order of limited relief is subject to suit in a
420+civil action based on or relating to the retention of the
421+individual as an employee only if:
422+(1) The individual, after being hired, demonstrates a
423+danger to others or is subsequently convicted of a felony; and
424+(2) The individual is retained by the employer after
425+the demonstration of danger to others or a subsequent
426+conviction that is substantially similar to the conduct
427+resulting in the prior conviction upon which the order of
428+limited relief was granted. "
429+"§41-9A-1
430+As used in this chapter, the following terms have the
431+following meanings:
432+(1) LICENSE. Any license, certificate, or other
433+evidence of qualification that an individual is required to
434+obtain before he or she may engage in or represent himself or
435+herself to be a member of a particular profession or
436+occupation. The term does not include certification by the
437+Alabama Peace Officers' Standards and Training Commission or
438+driver licenses.
439+(2) OCCUPATIONAL LICENSING BOARD. Any state board,
440+agency, commission, or other entity in this state that is
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473-(c) An occupational licensing board that makes
474-determinations pursuant to this section and Section 41-9A-2.1
475-shall publish on the occupational licensing board's official
476-website the standards and factors that shall guide the board
477-in making such determinations.
478-(d) When applying for a license, an applicant may
479-attach to the application a valid order of limited relief
480-granted under Section 12-26-9. A valid order of limited relief
481-shall create a presumption that an individual's criminal
482-conviction is not directly related to the duties and
483-responsibilities for which a license is required.
484-(b) An occupational licensing board may not
485-automatically deny an application for a license or revoke an
486-existing license because of a criminal conviction when a valid
487-order of limited relief has been issued for the otherwise
488-disqualifying conviction or convictions in question; provided,
489-however, an occupational licensing board may consider the
490-conduct underlying a conviction upon which an order of limited
491-relief was granted and may deny, revoke, or suspend a license
492-based on that underlying conduct.
493-(c) This section does not apply to law enforcement
494-employment, Alabama Peace Officers' Standards and Training
495-Commission certification, or the issuance of drivers'
496-licenses.
497-(e) This section and Section 41-9A-2.1 do not apply to
498-any licensure requirement imposed by an interstate licensure
499-compact or other interstate mutual recognition licensure
500-requirement imposed by law to which Alabama is subject, or to
501-any licensure requirement imposed by Title 27, Title 8, or
470+agency, commission, or other entity in this state that is
471+established for the primary purpose of regulating the entry of
472+individuals into, or the conduct of individuals within, or
473+both, a particular profession or occupation, and that is
474+authorized to issue licenses. The term does not include any
475+state agency staffed by full-time state employees that, as a
476+part of its regular functions, may issue licenses."
477+"§41-9A-2
478+(a) Notwithstanding any other law to the contrary, an
479+occupational licensing board shall not deny an application for
480+a license due to any of the following:
481+(1) A criminal conviction that is not directly related
482+to the duties and responsibilities of the profession or
483+occupation for which the license is required.
484+(2) A criminal conviction that has been pardoned,
485+sealed, expunged, or otherwise nullified or made confidential
486+by the jurisdiction from which it originated.
487+(3) An arrest that did not result in a criminal
488+conviction and for which criminal charges are not currently
489+pending.
490+(4) An applicant's lack of "good moral character" or
491+failure to adhere to any similarly vague or generic standard.
492+(b) In determining whether a criminal conviction is
493+directly related to the duties and responsibilities of the
494+profession or occupation for which a license is required, an
495+occupational licensing board shall consider all of the
496+following factors on a case-by-case basis:
497+(1) The nature and seriousness of the crime for which
498+the individual was convicted.
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531-any licensure requirement imposed by Title 27, Title 8, or
532-Title 5 or by federal law. "
533-Section 2. Sections 41-9A-2.1 is added to the Code of
534-Alabama 1975, to read as follows:
535-§41-9A-2.1
536-(a) An individual who has been convicted of a criminal
537-offense, at any time, may request in writing that an
538-occupational licensing board determine whether the
539-individual's criminal conviction disqualifies that individual
540-from obtaining a license from the board. Any individual making
541-a request shall include any required fee as provided in
542-subsection (e) and information relevant to the factors listed
543-in Section 41-9A-2(b). An occupational licensing board, by
544-rule, may prescribe a standard request form to be used by all
545-individual's requesting a determination.
546-(b) Not later than 30 days after receiving a request,
547-an occupational licensing board shall make a determination,
548-based on the factors provided in Section 41-9A-2, whether the
549-individual's criminal conviction disqualifies the individual
550-from obtaining a license and notify the individual, in
551-writing, of its determination. If the occupational licensing
552-board disqualifies the individual, the notification must
553-include an explanation that addresses the factors provided in
554-Section 41-9A-2.
555-(c) A determination made pursuant to this section that
556-an individual's criminal conviction does not disqualify the
557-individual from obtaining a license may be rescinded if, at
558-the time the individual submits a completed application for
559-licensure, the individual:
528+the individual was convicted.
529+(2) The nature of the specific duties and
530+responsibilities for which the license is required.
531+(3) The age of the individual at the time of the
532+commission of the crime.
533+(4) The passage of time since the commission of the
534+crime.
535+(5) Any evidence of rehabilitation or treatment
536+undertaken by the individual that might mitigate the direct
537+relationship between the criminal conviction and the duties
538+and responsibilities of the profession or occupation sought.
539+(c) An occupational licensing board that makes
540+determinations pursuant to this section and Section 41-9A-2.1
541+shall publish on the occupational licensing board's official
542+website the standards and factors that shall guide the board
543+in making such determinations.
544+(d) When applying for a license, an applicant may
545+attach to the application a valid order of limited relief
546+granted under Section 12-26-9. A valid order of limited relief
547+shall create a presumption that an individual's criminal
548+conviction is not directly related to the duties and
549+responsibilities for which a license is required.
550+(b) An occupational licensing board may not
551+automatically deny an application for a license or revoke an
552+existing license because of a criminal conviction when a valid
553+order of limited relief has been issued for the otherwise
554+disqualifying conviction or convictions in question; provided,
555+however, an occupational licensing board may consider the
556+conduct underlying a conviction upon which an order of limited
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589-licensure, the individual:
590-(1) Has been convicted of a subsequent crime;
591-(2) Is the subject of a pending criminal charge or
592-charges; or
593-(3) Has failed to disclose a prior criminal conviction.
594-(d) If an individual submits a completed application
595-for licensure after an occupational licensing board has
596-determined pursuant to this section that the individual's
597-criminal conviction disqualifies him or her from obtaining a
598-license, the occupational licensing board shall make a de novo
599-determination as further provided in subsections (a) and (b).
600-(e) An occupational licensing board may charge a fee of
601-not more than twenty dollars ($20) per request to reimburse
602-the board for costs incurred in making a determination.
603-(f) An occupational licensing board may adopt rules to
604-implement Section 41-9A-2 and this section.
605-Section 3. (a) The Board of Pardons and Paroles shall
606-create a certificate of employability that shall be issued by
607-the board to individuals under the custody of the Department
608-of Corrections who meet eligibility criteria established by
609-the board, by rule, which demonstrates an individual's
610-achievements toward successful reentry into the workforce. The
611-eligibility criteria shall include consideration of:
612-(1) An individual's disciplinary record while in the
613-custody of the Department of Corrections;
614-(2) Successful completion of designated programs or
615-development of a useful skill set while in the custody of the
616-Department of Corrections; and
617-(3) Any other factor the board deems relevant to an
586+conduct underlying a conviction upon which an order of limited
587+relief was granted and may deny, revoke, or suspend a license
588+based on that underlying conduct.
589+(c) This section does not apply to law enforcement
590+employment, Alabama Peace Officers' Standards and Training
591+Commission certification, or the issuance of drivers'
592+licenses."
593+Section 2. Sections 41-9A-2.1 is added to the Code of
594+Alabama 1975, to read as follows:
595+§41-9A-2.1
596+(a) An individual who has been convicted of a criminal
597+offense, at any time, may request in writing that an
598+occupational licensing board determine whether the
599+individual's criminal conviction disqualifies that individual
600+from obtaining a license from the board. Any individual making
601+a request shall include any required fee as provided in
602+subsection (e) and information relevant to the factors listed
603+in Section 41-9A-2(b). An occupational licensing board, by
604+rule, may prescribe a standard request form to be used by all
605+individual's requesting a determination.
606+(b) Not later than 30 days after receiving a request,
607+an occupational licensing board shall make a determination,
608+based on the factors provided in Section 41-9A-2, whether the
609+individual's criminal conviction disqualifies the individual
610+from obtaining a license and notify the individual, in
611+writing, of its determination. If the occupational licensing
612+board disqualifies the individual, the notification must
613+include an explanation that addresses the factors provided in
614+Section 41-9A-2.
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647-(3) Any other factor the board deems relevant to an
648-individual's qualification for the certificate.
649-(b) The Board of Pardons and Paroles shall notify
650-individuals in the custody of the Department of Corrections of
651-the possibility to earn a certificate of employability. Prior
652-to being released on parole, the board shall determine whether
653-an individual meets the eligibility criteria and if so, issue
654-a certificate of employability when the individual is released
655-from the custody of the department for use in obtaining
656-employment.
657-(c) An individual required to register as a sex
658-offender pursuant to Chapter 20A of Title 15 or convicted of a
659-violent offense, as defined in Section 12-25-32, is ineligible
660-to be issued a certificate of employability.
661-(d) The Board of Pardons and Paroles shall revoke a
662-certificate of employability if the individual to whom the
663-certificate of employability was issued is convicted of a
664-felony offense committed after the issuance of the certificate
665-of employability.
666-(e)(1) In a judicial or administrative proceeding
667-alleging negligent hiring, a certificate of employability
668-issued to an individual pursuant to this section may be
669-introduced as evidence of an employer's due care in hiring
670-that individual if the employer knew of the certificate at the
671-time of the alleged negligent hiring.
672-(2) In any proceeding on a claim against an employer
673-for negligent hiring based upon the prior conviction of an
674-employee, a certificate of employability issued to an
675-individual pursuant to this section shall provide immunity for
644+Section 41-9A-2.
645+(c) A determination made pursuant to this section that
646+an individual's criminal conviction does not disqualify the
647+individual from obtaining a license may be rescinded if, at
648+the time the individual submits a completed application for
649+licensure, the individual:
650+(1) Has been convicted of a subsequent crime;
651+(2) Is the subject of a pending criminal charge or
652+charges; or
653+(3) Has failed to disclose a prior criminal conviction.
654+(d) If an individual submits a completed application
655+for licensure after an occupational licensing board has
656+determined pursuant to this section that the individual's
657+criminal conviction disqualifies him or her from obtaining a
658+license, the occupational licensing board shall make a de novo
659+determination as further provided in subsections (a) and (b).
660+(e) An occupational licensing board may charge a fee of
661+not more than twenty dollars ($20) per request to reimburse
662+the board for costs incurred in making a determination.
663+(f) An occupational licensing board may adopt rules to
664+implement Section 41-9A-2 and this section.
665+Section 3. (a) The Board of Pardons and Paroles shall
666+create a certificate of employability that shall be issued by
667+the board to individuals under the custody of the Department
668+of Corrections who meet eligibility criteria established by
669+the board, by rule, which demonstrates an individual's
670+achievements toward successful reentry into the workforce. The
671+eligibility criteria shall include consideration of:
672+(1) An individual's disciplinary record while in the
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705-individual pursuant to this section shall provide immunity for
706-the employer with respect to the claim of negligent hiring if
707-the employer knew of the certificate at the time of the
708-alleged negligent hiring. This subdivision does not provide
709-immunity to the employer for other claims related to the
710-conduct of the employee.
711-(3) The revocation of a certificate of employability
712-does not affect the right of an employer to rely on the
713-validity of the certificate of employability at the time of
714-hiring unless the employer knew before the individual was
715-employed that the certificate of employability was fraudulent
716-or was revoked.
717-(f) An employer who hires an individual who has been
718-issued a certificate of employability may be held liable in a
719-civil action based on or relating to the retention of the
720-individual as an employee only if:
721-(1) The individual, after being hired, demonstrates a
722-danger to others or is convicted of a felony;
723-(2) The plaintiff proves by a preponderance of the
724-evidence that the individual having hiring and firing
725-responsibility for the employer had actual knowledge that the
726-employee demonstrated a danger to others or was convicted of a
727-felony; and
728-(3) That the individual having hiring and firing
729-responsibility, upon having actual knowledge that the
730-individual demonstrated a danger to others, nonetheless
731-retained the individual as an employee.
732-(g) Nothing in this section shall be construed to
733-constitute a waiver of the sovereign immunity of the state,
702+(1) An individual's disciplinary record while in the
703+custody of the Department of Corrections;
704+(2) Successful completion of designated programs or
705+development of a useful skill set while in the custody of the
706+Department of Corrections; and
707+(3) Any other factor the board deems relevant to an
708+individual's qualification for the certificate.
709+(b) The Board of Pardons and Paroles shall notify
710+individuals in the custody of the Department of Corrections of
711+the possibility to earn a certificate of employability. Prior
712+to being released on parole, the board shall determine whether
713+an individual meets the eligibility criteria and if so, issue
714+a certificate of employability when the individual is released
715+from the custody of the department for use in obtaining
716+employment.
717+(c) An individual required to register as a sex
718+offender pursuant to Chapter 20A of Title 15 or convicted of a
719+violent offense, as defined in Section 12-25-32, is ineligible
720+to be issued a certificate of employability.
721+(d) The Board of Pardons and Paroles shall revoke a
722+certificate of employability if the individual to whom the
723+certificate of employability was issued is convicted of a
724+felony offense committed after the issuance of the certificate
725+of employability.
726+(e)(1) In a judicial or administrative proceeding
727+alleging negligent hiring, a certificate of employability
728+issued to an individual pursuant to this section may be
729+introduced as evidence of an employer's due care in hiring
730+that individual if the employer knew of the certificate at the
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763-constitute a waiver of the sovereign immunity of the state,
764-consistent with Section 36-1-12, Code of Alabama 1975, and no
765-action shall be maintained against the state or any agency or
766-department thereof for issuance of or failure to issue any
767-certificate of employability.
768-(h) This section shall not apply to any board governed
769-by Chapter 9, Chapter 23, or Chapter 24 of Title 34.
770-Section 4. This act shall become effective on October
771-1, 2025, and applies to any cause of action pursuant to this
772-act which occurs on or after October 1, 2025.
760+that individual if the employer knew of the certificate at the
761+time of the alleged negligent hiring.
762+(2) In any proceeding on a claim against an employer
763+for negligent hiring based upon the prior conviction of an
764+employee, a certificate of employability issued to an
765+individual pursuant to this section shall provide immunity for
766+the employer with respect to the claim of negligent hiring if
767+the employer knew of the certificate at the time of the
768+alleged negligent hiring. This subdivision does not provide
769+immunity to the employer for other claims related to the
770+conduct of the employee.
771+(3) The revocation of a certificate of employability
772+does not affect the right of an employer to rely on the
773+validity of the certificate of employability at the time of
774+hiring unless the employer knew before the individual was
775+employed that the certificate of employability was fraudulent
776+or was revoked.
777+(f) An employer who hires an individual who has been
778+issued a certificate of employability may be held liable in a
779+civil action based on or relating to the retention of the
780+individual as an employee only if:
781+(1) The individual, after being hired, demonstrates a
782+danger to others or is convicted of a felony;
783+(2) The plaintiff proves by a preponderance of the
784+evidence that the individual having hiring and firing
785+responsibility for the employer had actual knowledge that the
786+employee demonstrated a danger to others or was convicted of a
787+felony; and
788+(3) That the individual having hiring and firing
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783-act which occurs on or after October 1, 2025.
784-Senate
785-Read for the first time and referred
786-to the Senate committee on Judiciary
787-................06-Feb-25
788-Read for the second time and placed
789-on the calendar:
790- 2 amendments
791-................27-Feb-25
792-Read for the third time and passed
793-as amended
794-Yeas 29
795-Nays 0
796-Abstains 0
797-................06-Mar-25
798-Patrick Harris,
799-Secretary.
797+373
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818+(3) That the individual having hiring and firing
819+responsibility, upon having actual knowledge that the
820+individual demonstrated a danger to others, nonetheless
821+retained the individual as an employee.
822+(g) Nothing in this section shall be construed to
823+constitute a waiver of the sovereign immunity of the state,
824+consistent with Section 36-1-12, Code of Alabama 1975, and no
825+action shall be maintained against the state or any agency or
826+department thereof for issuance of or failure to issue any
827+certificate of employability.
828+Section 4. This act shall become effective on October
829+1, 2025, and applies to any cause of action pursuant to this
830+act which occurs on or after October 1, 2025.
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