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Alabama Background Checks

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Alabama Background Checks for Employment

Employee Background Checks and Drug Screening Trends White Paper

Employers that are either located in Alabama or hiring Alabama residents must abide by the Federal FCRA, and applicable Alabama state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Alabama state laws. This page also contains steps an end-user must take to stay in compliance with Alabama state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Alabama state laws, please consult your legal counsel.

Employment Background Check Laws In Alabama:

This state follows the regulations and standards for hiring policies as set forth by the Fair Credit Reporting Act. There are no additional state or local employment screening laws applicable to Private Employers to consider. Additional laws for State/Public Employers may apply. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws applicable to Private Employers to consider. Additional laws for State/Public Employers may apply. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Fees:

County: Court Fee: County: Court Fee: County: Court Fee:
Autauga $0.00 Baldwin $0.00 Barbour $0.00
Bibb $0.00 Blount $0.00 Bullock $0.00
Butler $0.00 Calhoun $0.00 Chambers $0.00
Cherokee $0.00 Chilton $0.00 Choctaw $0.00
Clarke $0.00 Clay $0.00 Cleburne $0.00
Coffee $0.00 Colbert $0.00 Conecuh $0.00
Coosa $0.00 Covington $0.00 Crenshaw $0.00
Cullman $0.00 Dale $0.00 Dallas $0.00
De Kalb $0.00 Elmore $0.00 Escambia $0.00
Etowah $0.00 Fayette $0.00 Franklin $0.00
Geneva $0.00 Greene $0.00 Hale $0.00
Henry $0.00 Houston $0.00 Jackson $0.00
Jefferson $0.00 Lamar $0.00 Lauderdale $0.00
Lawrence $0.00 ledbetter $0.00 Lee $0.00
Limestone $0.00 Lowndes $0.00 Macon $0.00
Madison $0.00 Marengo $0.00 Marion $0.00
Marshall $0.00 Mobile $0.00 Monroe $0.00
Montgomery $0.00 Morgan $0.00 Perry $0.00
Pickens $0.00 Pike $0.00 Randolph $0.00
Russell $0.00 Saint Clair $0.00 Shelby $0.00
Sumter $0.00 Talladega $0.00 Tallapoosa $0.00
Tuscaloosa $0.00 Valdez $0.00 Walker $0.00
Washington $0.00 Wilcox $0.00 Winston $0.00

Summary of Rights:

Alabama Security Freeze Notice
AL Code § 8-35-3 (2019)

Alabama Consumers Have the Right to Obtain a Security Freeze. You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.

To provide that authorization you must contact the consumer reporting agency and provide all of the following:

(1) Your personal identification number or password.
(2) Proper identification to verify your identity.
(3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than 15 minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted.

A security freeze does not apply to a person or entity, or its affiliates or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crime, or you are 65 years of age or older, a consumer reporting agency has the right to charge you a fee of no more than ten dollars ($10) to place a freeze on your credit report.

Court Cases:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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