SB138 Alabama 2025 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

2025 Regular Session

Title

Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided

Summary

SB138 creates a rehabilitation presumption for felons with an order of limited relief, adds a process to challenge licensure disqualification, and establishes a certificate of employability for parolees with employer immunity in negligent-hiring cases.

What This Bill Does

It creates a presumption of rehabilitation for individuals who have been granted an order of limited relief when applying for an occupational license. It sets a formal process for determining whether a conviction disqualifies someone from licensure, with specific factors boards must consider and a 30-day decision deadline from receipt of a request. It requires the Board of Pardons and Paroles to issue a certificate of employability to eligible parolees to help them obtain employment, while excluding sex offenders and violent offenses; it also provides limited immunity to employers who hire someone with a valid certificate in negligent-hiring cases. The act takes effect October 1, 2025, and applies to actions from that date forward.

Who It Affects

• Convicted felons seeking occupational licenses (including those with an order of limited relief) and parolees eligible for a certificate of employability, who gain a clearer path to licensure and employment assistance.
• Employers, licensing boards, and the Board of Pardons and Paroles who interact with these provisions, including potential immunity in negligent-hiring cases and the need to publish standards and follow new procedures.

Key Provisions

• Presumption of rehabilitation for an order of limited relief: boards must treat such an order as evidence of fitness for licensure.
• Prohibition on automatic license denial: boards may not automatically deny a license solely because of a conviction if an order of limited relief exists, though they may consider underlying conduct.
• Formal determination process for licensure: individuals may request a board to determine if their conviction disqualifies them, with a 30-day decision timeline and published standards; boards may charge up to $20 per request.
• Certificate of employability: Board of Pardons and Paroles shall create and issue a certificate to eligible parolees prior to release to aid employment; eligibility includes criteria like disciplinary history and program completion; excludes sex offenders and violent offenses; certificate can be revoked if a subsequent felony is committed.
• Employer immunity and liability: employers who hire certificate holders have limited immunity in negligent-hiring claims if they knew about the certificate; certificate is not a blanket shield for all claims, and revocation or fraud can affect reliance.
• Publication and transparency: boards must publish standards guiding determinations and the factors used in decisions.
• Not applying to certain licensures: the provisions do not apply to law enforcement employment, POST certification, driver licenses, interstate compacts, or certain other licensure requirements.
• Effective date: the act becomes effective October 1, 2025, and applies to actions occurring on or after that date.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Incarceration