Alabama Background Checks laws & HR compliance analysis

Alabama Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Alabama, employers must comply with laws concerning criminal background checks and driver's record information.
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Expunged criminal arrests. Applicants with certain expunged criminal arrests may legally answer “no” in response to employment application questions concerning arrests. Individuals who have been charged with misdemeanor criminal offenses, violations, traffic violations, or municipal ordinance violations may be eligible for expungement. Absent unreasonable, wanton, willful, or intentional conduct, an employer is immune from civil liability for any damage caused by a person hired with a criminal record, if the employer was not aware of the record due to an expungement under the new law.
School employees. A criminal history background information check must be conducted on all ...

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