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AlabamaSB1382025 Regular SessionSenateWALLET

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

Sponsored By: Rodger M. Smitherman (Democratic)

Enacted

Incarceration

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Fewer criminal record barriers to licenses

Beginning October 1, 2025, covered Alabama licensing boards cannot deny licenses based on convictions unrelated to the work. They also cannot rely on pardoned, sealed, expunged, nullified, or confidential convictions, or arrests without convictions when no charges remain pending. Boards cannot use vague good-character standards. They must publish their standards and weigh the offense, job duties, age at the offense, time passed, and rehabilitation or treatment. Exceptions include driver licenses, police certification, certain professional boards, interstate licensing agreements, specified state licensing laws, and federal requirements.

Court help for licenses excludes some

Beginning October 1, 2025, a valid court order of limited relief gives applicants favorable assumptions in covered licensing decisions. Boards must presume rehabilitation, fitness for a license, and that the conviction is unrelated to the work. Boards can still consider the underlying conduct; the order does not guarantee a license. People required to register as sex offenders or convicted of a legally defined violent offense cannot get an order. Petitions require sworn eligibility information, prior applications and convictions, and the specific conviction-related barriers the person wants removed. Courts weigh the offense, its connection to the barrier, any pattern of conduct, and prior relief. Relief requires a finding that it meaningfully supports work and lawful living without unreasonable public-safety risk. Petition rulings can be appealed directly to the Alabama Court of Civil Appeals.

Early license answers for job seekers

Beginning October 1, 2025, people with convictions can request an Alabama licensing board's written answer before applying. Requests must include relevant information; boards must answer within 30 days of receipt and explain disqualifications using the required factors. Boards may charge up to $20 per request. A favorable answer can be withdrawn for a later conviction, pending charges, or an undisclosed prior conviction when the completed application arrives. After an unfavorable answer, the board must review eligibility from scratch when the person submits a completed application.

Job certificates for eligible parolees

Beginning October 1, 2025, Alabama's Board of Pardons and Paroles must create employability certificates and notify people in state prison. It must issue certificates to eligible people upon release on parole. Board criteria must consider prison discipline and completed programs or useful skills gained in custody. People required to register as sex offenders or convicted of a legally defined violent offense are ineligible. The board must revoke a certificate after a conviction for a felony committed after issuance.

Hiring protections limit some injury claims

Beginning October 1, 2025, employers gain limited protection when hiring someone with a relief order or employability certificate. Employers must know about the document at hiring; it can show reasonable care and shield conviction-based negligent-hiring claims. Other claims about the employee's conduct remain available. For relief orders, claims over keeping an employee require demonstrated danger or a later felony, plus retention after danger or a substantially similar later felony conviction. For certificates, such claims require demonstrated danger or a felony conviction, actual knowledge by the hiring-and-firing decision-maker, and retention after actual knowledge of danger. The injured person must prove that knowledge more likely than not. Later certificate revocation does not undo reliance at hiring unless the employer knew before employment that it was fraudulent or revoked.

Sponsors & Cosponsors

Sponsor

  • Rodger M. Smitherman

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 313 • No: 0

House vote • 4/29/2025

Motion to Read a Third Time and Pass - Adopted Roll Call 1133

Yes: 83 • No: 0 • Other: 19

House vote • 4/29/2025

Third Reading in Second House

Yes: 89 • No: 0 • Other: 13

Senate vote • 3/6/2025

Weaver motion to Adopt - Adopted Roll Call 314

Yes: 28 • No: 0

Senate vote • 3/6/2025

Smitherman motion to Adopt - Adopted Roll Call 313

Yes: 28 • No: 0

Senate vote • 3/6/2025

Smitherman motion to Adopt - Adopted Roll Call 312

Yes: 28 • No: 0

Senate vote • 3/6/2025

Third Reading in House of Origin

Yes: 28 • No: 0

Senate vote • 3/6/2025

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 315

Yes: 29 • No: 0

Actions Timeline

  1. Enacted

    5/14/2025Senate

  2. Signature Requested

    5/1/2025House

  3. Delivered to Governor

    5/1/2025Senate

  4. Ready to Enroll

    4/30/2025Senate

  5. Enrolled

    4/30/2025Senate

  6. Carried Over to the Call of the Chair

    4/29/2025House

  7. Third Reading in Second House

    4/29/2025House

  8. Motion to Read a Third Time and Pass - Adopted Roll Call 1133

    4/29/2025House

  9. Reported Out of Committee Second House

    4/3/2025House

  10. Read for the Second Time and placed on the Calendar

    4/3/2025House

  11. Third Reading in House of Origin

    3/6/2025Senate

  12. Judiciary 1st Amendment Offered

    3/6/2025Senate

  13. Judiciary 2nd Amendment Offered

    3/6/2025Senate

  14. Smitherman motion to Adopt - Adopted Roll Call 312

    3/6/2025Senate

  15. Smitherman motion to Adopt - Adopted Roll Call 313

    3/6/2025Senate

  16. Weaver 1st Amendment Offered

    3/6/2025Senate

  17. Weaver motion to Adopt - Adopted Roll Call 314

    3/6/2025Senate

  18. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 315

    3/6/2025Senate

  19. Engrossed

    3/6/2025Senate

  20. Read for the first time and referred to the House Committee on Judiciary

    3/6/2025House

  21. Pending Committee Action in Second House

    3/6/2025House

  22. Read for the Second Time and placed on the Calendar

    2/27/2025Senate

  23. Judiciary 1st Amendment

    2/26/2025Senate

  24. Judiciary 2nd Amendment

    2/26/2025Senate

  25. Reported Out of Committee House of Origin

    2/26/2025Senate

Bill Text

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