Alabama Background Check Laws for Employers (2026)
Alabama background check laws are lighter than most states. However, federal rules still apply to every hire.
This guide explains the statutes, lookback limits, application question rules, and state agencies Alabama employers need to know before screening applicants.
Alabama Background Check Laws at a Glance
Alabama has no state version of the Fair Credit Reporting Act. Instead, the federal FCRA sets the core rules for every Alabama employer.
First, scan this table to see which rules apply to your hiring. Then, read the detailed sections below.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Alabama equivalent) | Requires a disclosure, written authorization, and adverse action notices. | FTC and CFPB |
| State criminal records | ALEA Alabama Background Check (ABC) system | Lets qualifying employers subscribe to Alabama-only criminal history records. | Alabama Law Enforcement Agency (ALEA) |
| Fair chance / ban the box | None statewide; Birmingham executive order (2016) | Private employers may ask about convictions; Birmingham covers city jobs only. | City of Birmingham |
| Sealed and expunged records | REDEEMER Act, Ala. Code § 15-27-1 et seq. | Treats expunged proceedings as though they never occurred; applicants need not disclose them. | Alabama circuit courts |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Negligent hiring relief | Ala. Code § 12-26-9 | Shields employers that knowingly hire a person holding an Order of Limited Relief. | Alabama circuit courts |
| Credit reports | No state restriction; FCRA, 15 U.S.C. § 1681b | Requires FCRA consent and adverse action steps for employment credit checks. | FTC and CFPB |
| Salary history | Clarke-Figures Equal Pay Act, Ala. Code § 25-1-30 | Employers may ask, but cannot refuse to hire or retaliate because an applicant withholds pay history. | Enforced through civil lawsuits |
| Drug and marijuana testing | Ala. Code § 25-5-330 et seq.; § 20-2A-6 | Offers a 5% workers’ comp discount for a drug-free program; no duty to accommodate medical cannabis. | Alabama Department of Workforce; Alabama Medical Cannabis Commission |
| Application questions | Title VII, ADEA, ADA, INA (federal) | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC and U.S. Department of Justice |
| E-Verify | Beason-Hammon Act, Ala. Code § 31-13-15 | Requires every Alabama employer to enroll and verify new hires. | Attorney General; district attorneys |
| Social media | No state statute | Alabama has no password-privacy law for applicants. | Not applicable |
| Driving records | Driver’s Privacy Protection Act, 18 U.S.C. § 2721; 49 C.F.R. § 391.23 | The state sells MVRs; CDL carriers need three-year histories. | ALEA Driver License Division; FMCSA |
| Schools | Ala. Code § 16-22A-5 | Requires fingerprint checks before unsupervised access to children. | State Department of Education; ALEA |
| Child and adult care | Ala. Code § 38-13-3 | Requires state criminal history checks for staff and volunteers. | Department of Human Resources; ALEA |
| Sex offender job limits | Ala. Code § 15-20A-13 | Bars child-serving employers from knowingly hiring adult sex offenders. | ALEA Sex Offender Registry |
| Data breach | Ala. Code § 8-38-1 et seq. | Requires notice to affected people and the state after a qualifying breach. | Alabama Attorney General |
How the FCRA Applies to Alabama Employers
Alabama has not passed a state version of the Fair Credit Reporting Act. Instead, the federal FCRA governs every employment background check you order from a screening company.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce the law. You can read the full statute on the FTC’s Fair Credit Reporting Act page, and the FTC guide Using Consumer Reports: What Employers Need to Know spells out each employer duty.
Because Alabama adds few screening rules of its own, FCRA mistakes cause most local lawsuits. Consequently, your disclosure and notice process deserves the most attention.
Clear Disclosure
Give a clear, standalone written disclosure before you order the report. 15 U.S.C. § 1681b(b)(2) forbids extra terms on that form.
Written Authorization
Get written permission before the search begins. Our mobile e-signature platform captures it securely.
Pre-Adverse Action
Send the report and the FCRA Summary of Rights before you decide. Then allow time for a dispute.
Adverse Action Notice
After a final decision, send the adverse action notice with dispute rights. State that the screening agency did not make the decision.
Alabama Criminal Records: ALEA, County Courts, and Statewide Searches
The Alabama Law Enforcement Agency (ALEA) maintains the state criminal history repository. Qualifying employers can subscribe to the Alabama Background Check (ABC) system.
However, the ABC system only covers Alabama records. It does not reach other states or the federal courts.
County Court Searches
Alabama circuit and district courts hold the charge, the disposition, and the sentence the FCRA expects. A trained researcher searches each court index and reviews every possible match.
For that reason, BCS Background Screening LLC runs a county criminal court search in each county of residence. The search costs $18 plus any court fees.
Real-Time Statewide Search
For faster hiring, order our real-time Alabama state search. It is FCRA compliant because it provides the most recent case information and the final disposition.
Then add a federal criminal search for Alabama’s Northern, Middle, and Southern districts when the role warrants it.
How Far Back Do Background Checks Go in Alabama?
Alabama has no state lookback law. Therefore, the federal FCRA sets the reporting limits for screening companies under 15 U.S.C. § 1681c.
Agencies cannot report arrest records, civil suits, or civil judgments older than seven years. However, the seven-year cap does not cover criminal convictions, so Alabama convictions can appear no matter how old they are.
Non-Conviction Records (Federal)
Arrests without conviction, civil suits, civil judgments, paid tax liens, and collection accounts under § 1681c(a).
Bankruptcies (Federal)
Bankruptcy cases, counted from the date of the order for relief or adjudication.
Criminal Convictions (Federal)
Convictions stay reportable indefinitely under § 1681c(a)(5), unless an Alabama court expunges the record.
Salary Exemption (Federal)
The seven-year limit falls away for jobs expected to pay $75,000 or more a year.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Alabama Expungement Law and the REDEEMER Act
Sealed, Expunged, and Set-Aside Records
Alabama has no automatic clean-slate sealing. Instead, people petition the circuit court for expungement under the REDEEMER Act, Ala. Code § 15-27-1 et seq.
You can look up each section in the official Code of Alabama. In 2021, the REDEEMER Act expanded the law, so many non-violent misdemeanor convictions now qualify after a three-year wait.
Pardoned felonies also qualify. Meanwhile, dismissed charges and not-guilty verdicts can qualify after just 90 days.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Dismissed charge or not-guilty verdict | Ala. Code § 15-27-1 et seq. | 90 days | Petition to the circuit court |
| Non-violent misdemeanor conviction | Ala. Code § 15-27-1 et seq. | 3 years | Eligible offenses only; added by the 2021 REDEEMER Act |
| Pardoned felony | Ala. Code § 15-27-1 et seq. | After pardon | Pardon required before the petition |
Under § 15-27-6, the law treats expunged proceedings as though they never happened. Courts and agencies must also reply that no record exists.
Consequently, applicants need not disclose expunged records on employment applications. Never penalize a candidate for leaving an expunged record off an application.
Exception for regulated employers: applicants must still disclose expunged records to government licensing agencies, utilities, and banks or other financial institutions. So, if you hire for a utility or a bank, keep your disclosure question on the application.
Arrests and Non-Convictions
Alabama places no state restriction on arrest records beyond the federal seven-year reporting limit on non-convictions. However, an arrest alone does not prove conduct.
Always confirm the final disposition before you act. Consider the underlying conduct only when it is job-related and you have reviewed the facts.
Is Alabama a Ban-the-Box State?
No. Alabama has no statewide ban-the-box law for private or public employers, and the state requires no individualized assessment, notice, or waiting period before you act on a record.
In fact, the current State of Alabama employment application still asks applicants about misdemeanor and felony convictions. Nevertheless, federal law still shapes how you use that answer, so document a job-related reason for every criminal-history decision.
Birmingham Executive Order (2016)
Birmingham is the main local exception. In February 2016, the city removed the conviction question from its own job applications by executive order.
The U.S. Attorney’s Office for the Northern District of Alabama announced the policy alongside the mayor. According to Troutman’s legal analysis, the order covers city positions and exempts police jobs.
The Birmingham policy does not bind private businesses. Still, many Alabama employers delay criminal history questions voluntarily to widen their talent pool.
Negligent Hiring Protection: the Order of Limited Relief
Negligent hiring lawsuits worry many employers. Fortunately, Alabama offers a safeguard that few screening guides mention.
Under Ala. Code § 12-26-1 et seq., circuit courts can grant convicted people an Order of Limited Relief. The order creates a presumption of rehabilitation for occupational licensing.
Moreover, § 12-26-9 gives the employer immunity from negligent hiring claims based on the underlying conviction. To qualify, the employer must know about the order when it hires.
However, the immunity ends if you retain the employee after the employee shows dangerousness or commits a substantially similar felony. So, ask candidates with records whether they hold an Order of Limited Relief, and keep a copy in the hiring file.
Federal Contractors
Federal agencies and contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
What an Alabama Job Application May Ask
Alabama has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions an Alabama application may ask.
So, the four limits below apply to nearly every Alabama employer. Each one also protects you from a discrimination claim after a rejection.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
Alabama does not restrict employment credit checks. Nevertheless, 15 U.S.C. § 1681b still requires written authorization first, and the adverse action steps apply in full.
Also, keep credit checks job-related. Roles that handle cash, accounts, or sensitive data make the strongest case.
Salary History and Pay Transparency
Alabama does not ban salary-history questions. The Clarke-Figures Equal Pay Act, Ala. Code § 25-1-30, took effect in 2019.
Under § 25-1-30(c), you may still ask about wage history. However, you cannot refuse to interview, hire, promote, or employ an applicant, or retaliate, because the applicant withholds it.
The safest practice is not to ask. Littler’s summary covers the details.
Drug and Marijuana Testing
Alabama does not restrict pre-employment THC testing, and employers need not accommodate medical cannabis. Under Ala. Code § 20-2A-6, you may keep drug-free policies and testing in place.
In addition, the voluntary Drug-Free Workplace Program under Ala. Code § 25-5-330 et seq. earns a 5% workers’ compensation premium discount. You need a written policy, testing, and supervisor training.
Littler’s employer brief covers testing and discipline for medical cannabis patients. The Alabama Medical Cannabis Commission administers the patient program.
Motor Vehicle Records
The ALEA Driver License Division sells driving records online and at driver license offices. The federal Driver’s Privacy Protection Act limits access to personal data in those records.
For CDL drivers, 49 C.F.R. § 391.23 requires a three-year record from each state within 30 days of hire. BCS Background Screening LLC pulls these reports through its motor vehicle records search.
E-Verify and Form I-9
The Beason-Hammon Act, Ala. Code § 31-13-15, requires every Alabama employer to enroll in E-Verify and verify new hires. Violations can suspend or revoke your business licenses, as Littler explains.
Every employer must also complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
Alabama has no social media password-privacy statute. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
Alabama has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Protecting Report Data
Alabama’s data breach law, Ala. Code § 8-38-1 et seq., requires notice to affected people and the state after a qualifying breach. Follow the Attorney General’s notification process and limit who can open background reports.
Industry-Specific Background Check Requirements in Alabama
Several Alabama laws require deeper screening for jobs that involve children, vulnerable adults, or public trust. Below are the rules employers ask about most.
Schools and Educators
Under Ala. Code § 16-22A-5, schools cannot hire anyone with unsupervised access to children without a fingerprint check. The State Department of Education reviews state and FBI results through ALEA.
Child Care and Adult Care
Under Ala. Code § 38-13-3, child care, adult care, and child placing agencies must request ALEA criminal history checks. The Department of Human Resources also checks its abuse and neglect registry.
Sex Offender Job Limits
Under Ala. Code § 15-20A-13, adult sex offenders cannot work at schools, child care facilities, or businesses that serve children. Knowingly hiring one is a Class C felony, so search the ALEA Sex Offender Registry.
E-Verify for All Employers
The Beason-Hammon Act, Ala. Code § 31-13-15, requires every Alabama employer to use E-Verify. The Alabama Attorney General and district attorneys enforce it, and violations can suspend or revoke business licenses.
Commercial Drivers
Motor carriers must pull an MVR from every state of licensure in the past three years under 49 C.F.R. § 391.23. They also run FMCSA Clearinghouse queries before hire and annually, and DOT drug testing covers marijuana.
Applicant Data Security
Protect the personal data you collect during screening. After a qualifying breach, follow the Attorney General’s notification process under Ala. Code § 8-38-1 et seq.
What Changed for Alabama Employers in 2026
Alabama passed no new screening statute in 2026. However, three federal changes affect how Alabama employers screen this year.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. Alabama’s § 20-2A-6 still lets you keep drug-free policies for every other role.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Alabama Employment Screening Services
BCS Background Screening LLC helps Alabama employers hire with confidence. We build every search around FCRA rules and Alabama law.
Real-Time State Search
This Alabama criminal search is FCRA compliant because it provides the most recent case information and final disposition.
County Criminal Court Search
Direct searches of Alabama county courts, with final dispositions and sentencing. Price: $18 plus court fees.
Federal Criminal Search
Federal district court records for Alabama’s Northern, Middle, and Southern districts.
Nationwide Background Check
SSN trace, national criminal database, sex offender registry, and government watchlists.
Motor Vehicle Records
Alabama driving histories for delivery, fleet, sales, and CDL positions.
Mobile E-Signature Screening
Applicants e-sign FCRA disclosures and enter their own data from any phone.
Alabama Employer Compliance Checklist
- Use a standalone FCRA disclosure and collect written authorization.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Confirm whether Alabama law requires fingerprint checks for your industry.
- Apply the FCRA seven-year rule and the $75,000 salary exception correctly.
- Never require expunged records, unless you are a utility, bank, or licensing agency.
- Ask about Orders of Limited Relief, and keep the immunity by acting on any later dangerous conduct.
- Review each conviction against the offense, time elapsed, and job duties.
- Send pre-adverse and adverse action notices, in that order.
- Enroll in E-Verify, verify every new hire, and follow Alabama’s breach notification law.
Alabama Employment Screening Law FAQs
Does Alabama have a state version of the Fair Credit Reporting Act?
No. Alabama has no state mini-FCRA. Instead, the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs employment background checks.
The law requires a standalone disclosure, written authorization, and pre-adverse and adverse action notices. The Federal Trade Commission and the Consumer Financial Protection Bureau administer and enforce it.
How far back can an Alabama criminal background check go?
Alabama has no state lookback law. Under the federal FCRA, 15 U.S.C. § 1681c, screeners cannot report non-conviction records older than seven years.
However, criminal convictions have no time limit. The seven-year cap also lifts for jobs paying $75,000 or more. The FTC and CFPB enforce these limits.
Is Alabama a ban-the-box state?
No. Alabama has no statewide ban-the-box law, so private employers may ask about convictions on applications.
In 2016, the City of Birmingham removed the question from city job applications by executive order. The City of Birmingham administers that policy, which covers only city jobs and exempts police positions.
What may an Alabama employer ask on a job application?
Alabama has no pre-employment inquiry statute, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC and the Department of Justice enforce those rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Do applicants have to disclose expunged records to Alabama employers?
Usually, no. Ala. Code § 15-27-6 treats expunged proceedings as never having occurred. So, applicants need not list them on job applications.
However, applicants must disclose them to licensing agencies, utilities, and financial institutions. Alabama circuit courts grant expungements by petition under the REDEEMER Act, Ala. Code § 15-27-1 et seq.; the state has no automatic sealing.
Which Alabama employers must run fingerprint background checks?
Under Ala. Code § 16-22A-5, schools must fingerprint staff with unsupervised access to children. This rule comes from the Alabama Child Protection Act of 1999. The State Department of Education administers those checks through ALEA and the FBI.
Also, child care, adult care, and child placing agencies must request checks under Ala. Code § 38-13-3. The Alabama Department of Human Resources oversees that program.
Can Alabama employers check driving records and credit reports?
Yes. No Alabama law restricts employment credit checks, but FCRA consent and notices under 15 U.S.C. § 1681b still apply.
The Alabama Law Enforcement Agency sells driving records, subject to the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721. For CDL drivers, FMCSA rule 49 C.F.R. § 391.23 requires a three-year record within 30 days of hire.
Do Alabama employers have to use E-Verify?
Yes. The Beason-Hammon Act, Ala. Code § 31-13-15, requires every Alabama employer to enroll in E-Verify and verify each new hire.
The Alabama Attorney General and local district attorneys enforce the law. Violations can lead to business license suspension or permanent revocation.
Start Screening Alabama Applicants Today
Open your free account in minutes, then pay only for the searches you order. BCS Background Screening LLC delivers FCRA-compliant Alabama state, county, federal, and driving record searches.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Alabama background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.