Background checks are a vital screening tool for employers in Alabama. However, to ensure fair and thorough pre-employment screenings, it’s essential to comply with federal, state, and local regulations. This guide explains the components of an Alabama background check, provides execution guidance, and highlights the legal considerations that may influence your screening processes.

What Is an Alabama Background Check?

In Alabama, a background check utilizes both public and private databases to gather information about a candidate’s past and credentials. This process helps employers make informed hiring decisions by examining criminal records, driving histories, employment backgrounds, and other relevant details to evaluate a candidate’s suitability for a job or volunteer position. Conducting pre-employment checks is widely regarded as a necessary step in thoroughly vetting a candidate’s qualifications before recruitment.

Why Do Employers in Alabama Conduct Background Checks?

Employers in Alabama conduct background checks to verify a candidate’s qualifications and assess their fit for a specific role. In some cases, these checks are required by law. For example, Alabama mandates fingerprint-based criminal history screenings for individuals working in certain roles, such as employees at childcare and adult care facilities, foster parents, and agents at child placement agencies. Additionally, positions in law enforcement or healthcare may also require background verifications.

Beyond criminal record checks, pre-employment background screenings allow employers to evaluate candidates’ skills, expertise, and professional history. This can involve verifying educational qualifications, checking employment history, and reaching out to professional references for further insights. Depending on the role, employers may also inquire about a candidate’s driving history, credit reports, and other pertinent information.

What Does a Background Check Show in Alabama?

Employment background checks in Alabama can reveal various aspects of a candidate’s history, including criminal records, education, employment history, driving records, and more. The information disclosed depends on the specific background screenings chosen by the employer, the depth of the investigation, and the nature of the position.

Here’s what typical background checks in Alabama may include:

• Criminal History Search: This can cover national, federal, state, and county records, revealing both felony and misdemeanor convictions, as well as pending criminal cases.
• Civil Records Search: An examination of civil court records may uncover past judgments, liens, bankruptcies, and restraining orders.
• Driving History: Motor vehicle records provide information on license status, moving violations, and DUI convictions, especially important for positions that involve driving.
• Employment Credit Check: For roles that involve financial responsibilities, credit checks reveal credit histories, payment records, accounts in collections, and bankruptcies.
• Education Verification: This confirms a candidate’s educational credentials, validating the institutions attended, dates of attendance, and degrees earned.
• Employment Verification: Validating past employment details, including employers, dates of employment, and job titles, helps ensure the accuracy of the candidate’s resume.
• Professional Reference Checks: Gathering insights from references provides a well-rounded view of a candidate’s work history, accomplishments, work ethic, and character.

How Long Does a Background Check Take in Alabama?

The duration of a background check in Alabama can vary based on the depth of the search and the entity conducting it. Employers who access state and government databases directly may face a more manual and time-consuming process. Additionally, some county criminal records are not digitized, requiring in-person searches at county courthouses. Verifying a candidate’s education or conducting reference interviews can also be time-consuming.

Qualified consumer reporting agencies (CRAs), like Identify Background Checks, often utilize automation and advanced technology to expedite turnaround times and streamline workflows. With access to numerous databases and established relationships with court runners nationwide, Identify Background Checks can provide quick and accurate background check results.

How Far Back Do Background Checks Go in Alabama?

The lookback period for background checks in Alabama can vary depending on the type of check and whether it is conducted by a CRA or done internally. While some states limit how far back employers can investigate a candidate’s criminal history—typically to seven years—Alabama does not impose such restrictions. Criminal records checks can cover an indefinite period. However, when employers work with a CRA, they must adhere to lookback regulations outlined in the federal Fair Credit Reporting Act (FCRA).

Certain items, such as civil suits, judgments, paid tax liens, collection accounts, and arrest records without convictions, are generally limited to a seven-year review period. Bankruptcies are usually reviewed within a ten-year timeframe. Credit checks report for seven years for positions with an annual salary of $75,000 or less, and for ten years for those earning more.

Other screenings, like employment and education verification, are typically exempt from time constraints and can go as far back as necessary to validate the information provided.

How to Get a Background Check in Alabama

Employers can either conduct background checks themselves or partner with a Consumer Reporting Agency (CRA) for pre-employment screenings in Alabama. Those choosing to perform their own checks online can subscribe to Alabama.gov for an annual fee of $95, which grants access to the Alabama Background Check database for criminal records and the Alabama Motor Vehicle Driver License Abstract database for motor vehicle records (MVRs). Employers will incur a per-record fee for each search conducted.

However, online searches through Alabama.gov may not provide comprehensive results. For instance, a background check from Identify Background Checks includes national, federal, state, and county searches, which can reveal out-of-state or federal records. Other screenings, such as drug tests, reference checks, license verifications, or employment credit checks, require separate handling when conducted in-house.

Collaborating with a reputable CRA like Identify Background Checks can streamline the background check process and provide access to a wide range of screening options. Identify Background Checks also facilitates compliance by offering automated workflows, simplifying consent acquisition, keeping candidates informed, and managing adverse action procedures when necessary.

How Much Does an Alabama Background Check Cost?

The costs associated with conducting an Alabama background check depend on the number and types of screenings selected. Employers must subscribe to Alabama.gov, which costs $95 annually, to access online databases. Additionally, fees include $15 per criminal history record and $10 per Motor Vehicle Record (MVR). Extra costs may arise from online searches, credit reports, drug tests, and the time spent by staff compiling background reports.

Alabama Background Check Laws

Employers in Alabama must comply with federal, state, and local regulations governing pre-employment background checks. Although Alabama currently lacks a statewide ban-the-box law affecting inquiries into a candidate’s criminal history during hiring, there are laws that may impact your background screening practices.

The Redeemer Act

The Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act (REDEEMER Act) allows individuals with certain misdemeanor or felony convictions to petition the court for expungement. Those with expunged records are not required to disclose such convictions to potential employers, and disclosing expunged convictions without a court order can be a misdemeanor offense.

Additionally, Alabama employers must follow local fair hiring ordinances, such as the ban-the-box law implemented in Birmingham. Employers working with a CRA are also subject to the federal Fair Credit Reporting Act (FCRA), which requires written disclosure regarding the intent to conduct a pre-employment background check and obtaining written consent before proceeding. If any information in a background report influences the decision not to hire a candidate, employers must adhere to the adverse action process.

This comprehensive approach to background checks not only helps in making informed hiring decisions but also supports fair and equitable employment practices in Alabama.