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A new bill in Alabama will allow people who received enhanced sentences prior to 2000 due to the Habitual Offender Act to have their records reviewed.

Alabama’s Second Chance Act

Alabama’s Senate Bill 156 (SB156), also known as a Second Chance Act was introduced in February 2025. It was the second attempt by state legislators to create this type of law. The Senate approved it with a 17-8 vote. A synopsis of the bill reads: This bill would provide that an individual whose sentence has been enhanced pursuant to the habitual felony offender act may be eligible to be resentenced in certain circumstances.

SB156 says that on or after October 1, 2025, a person who is in custody may request a reduction of sentence if they:

• Have an enhanced sentence due to the Habitual Offender Act.
• Received their final sentence at a trial court prior to May 26, 2000.
• Do not have prior convictions.

Exceptions

SB156 lists some exceptions. People are not eligible to request sentence reductions if they are serving time for crimes such as:

• Homicide.
• Sexual offenses.
• An offense that caused serious physical injury or physical injury to another individual.
• Anything that resulted in a life sentence without the possibility of parole.

The Process

Qualifying individuals will be permitted to submit a request for a sentence reduction from the court where they were convicted. Each case will be heard by the sentencing judge or his or her successor, the presiding judge of the circuit, or a retired judge that is assigned by the Chief Justice of the Alabama Supreme Court. The District Attorney will also be given a chance to voice their opinions.

Any person who was victimized by the petitioner will also be given an opportunity to be heard. Everything that is brought forth during that time will be considered before a final decision is made. When cases are approved, the petitioner can be granted an earlier release date.

What Employers Should Know

Employers in Alabama should be aware that various people may soon have their sentences reduced. That could also lead to those individuals being eligible to have their records expunged after a certain period. Once a record is expunged it can no longer be reviewed or considered by employers or anyone else who makes decisions about consumers. The person who had the record may act as if it never occurred.

A great way to avoid inadvertently reviewing expunged records is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo an audit by a third party and show that they follow reasonable procedures to only provide current, reportable records before they can become accredited.

Need Background Checks?

If your organization is bringing on employees, volunteers or contractors, please contact us. Our experienced, friendly team can help you customize screening packages based on your specific needs, applicable laws and industry best practices.

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