SB49INTRODUCED
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SB49
H4KN668-1
By Senators Singleton, Coleman, Coleman-Madison, Stewart
RFD: State Governmental Affairs
First Read: 04-Feb-25
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5 H4KN668-1 01/29/2025 CMH (L)bm 2025-373
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, there is no Alabama statute
prohibiting the State of Alabama, its agencies, or its
political subdivisions, as employers, from
discriminating against a job applicant based on the
applicant's criminal conviction record.
This bill would prohibit the State of Alabama,
its agencies, and its political subdivisions, as
employers, from inquiring into or considering an
applicant's arrest or conviction history for
consideration of a job until after the applicant has
received a conditional job offer, except when a
conviction is directly related to the position of
employment sought.
This bill would require the State of Alabama,
its agencies, and its political subdivisions, as
employers, to maintain certain employment and hiring
records relating to the conviction history of employees
and job applicants.
This bill would also authorize the Department of
Workforce to enforce the provisions of this act.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to criminal convictions; to prohibit the State
of Alabama, its agencies, and its political subdivisions, as
employers, from inquiring into or considering an applicant's
conviction history for consideration of a job until after the
applicant has received a conditional job offer, with
exceptions; to require the State of Alabama, its agencies, and
its political subdivisions, as employers, to maintain certain
employment and hiring records relating to the conviction
history of employees and job applicants; and to authorize the
Department of Workforce to enforce the provisions of this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares that
reducing barriers to employment for people with arrest and
conviction records and decreasing unemployment in communities
with concentrated numbers of people with criminal conviction
records are matters of statewide concern. The Legislature
further finds and declares that increasing employment
opportunities for people with criminal records will reduce
recidivism and improve economic stability in our communities.
Section 2. As used in this act, the following words
have the following meanings:
(1) APPLICANT. Any individual considered for, or who
requests to be considered for, employment or any employee
considered for, or who requests to be considered for, another
employment position by the employer.
(2) DEPARTMENT. The Department of Workforce.
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(2) DEPARTMENT. The Department of Workforce.
(3) EMPLOYER. The State of Alabama, its agencies, or
political subdivisions.
(4) HIRING AUTHORITY. The person, board, commission, or
department of the state, or the agencies or political
subdivisions thereof, responsible by law for hiring
individuals for public employment.
Section 3. (a) The following criminal records may not
be used, distributed, or disseminated by the state, or the
agencies or political subdivisions thereof, in connection with
any application for employment with an employer:
(1) Arrest not followed by a valid conviction.
(2) Convictions that have been sealed, dismissed, or
expunged.
(3) Infractions or misdemeanor convictions for which no
jail sentence may be imposed.
(b) Any information pertaining to an applicant's
background check obtained in conjunction with the hiring
process shall remain confidential, and may not be used,
distributed, or disseminated by the state, or the agencies or
political subdivisions thereof, except as otherwise required
by law.
Section 4. (a) An employer or hiring authority may not
inquire into or consider an applicant's conviction history
until after the applicant has received a conditional offer.
(b) Job applications for employment with an employer
may not inquire into an applicant's conviction history.
Section 5. (a) An individual may not be disqualified
from employment with an employer solely or in part because of
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from employment with an employer solely or in part because of
a prior conviction, unless a conviction is directly related to
the position of employment sought. If a state or federal law,
rule, or regulation explicitly requires that certain
convictions are an automatic bar to employment, then those
convictions shall be considered.
(b) In determining whether a conviction directly
relates to the position of employment sought, the employer or
hiring authority shall consider all of the following:
(1) Whether the conviction is directly related to the
duties and responsibilities of that employment position or
occupation.
(2) Whether the position or occupation offers the
opportunity for the same or a similar offense to occur.
(3) Whether circumstances leading to the conduct for
which the individual was convicted will recur in the position
or occupation.
(4) The length of time since the offense occurred.
Section 6. (a) Nothing in this act shall be interpreted
as to create any requirement, power, or duty in conflict with
any federal or state law, rule, or regulation, or with a
requirement of any government agency or employer from
implementing any federal or state law, rule, or regulation
that may govern applicant inquiries, employment decisions, or
applicant communications.
(b) Nothing in this act shall prohibit an employer from
notifying applicants in writing of the specific offenses that
will disqualify an applicant from employment in a particular
position due to federal or state law or the employer's policy.
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position due to federal or state law or the employer's policy.
Section 7. (a) The requirements of this act do not
apply to positions where a standard fidelity bond or an
equivalent bond is required and an applicant's conviction of
one or more specified offenses would disqualify the applicant
from obtaining such a bond, in which case an employer may
include a question or otherwise inquire whether the applicant
has ever been convicted of any of those offenses.
(b) This act shall not apply to the hiring of Alabama
Securities Commission personnel who have access to
confidential information or who perform law enforcement
functions or to the hiring of Alabama Banking Department
personnel who have access to confidential supervisory
information.
(c) This act shall not apply to an employer that is a
law enforcement agency.
Section 8. If the employer or hiring authority intends
to deny an applicant a position of employment solely or in
part because of the applicant's prior conviction, the employer
or hiring authority, prior to a final decision, shall provide
the applicant written notification of the following:
(1) The specific conviction or convictions that are the
basis for the potential denial or disqualification.
(2) A copy of the conviction history report, if any.
Section 9. (a) The Department of Workforce shall be
responsible for enforcing this act. A person who is aggrieved
by an employer's or hiring authority's violation of this act
may contact the Department of Workforce to report any
problems, concerns, or suggestions regarding the
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problems, concerns, or suggestions regarding the
implementation, compliance, and impact of this act, and the
department shall keep a record. In addition, the Department of
Workforce shall conduct periodic reviews to assess compliance
with this act. The Department of Workforce shall investigate
and review complaints and maintain records detailing
complaints and their disposition.
(b) An employer or hiring authority shall retain for a
minimum of three years application forms, records of
employment, and other pertinent data and records required
under Sections 1 to 6, inclusive, including, but not limited
to, communications with the applicant, and shall allow the
Department of Workforce access to such records to monitor
compliance. In addition, the employer shall maintain a record
of all of the following:
(1) The number of positions requiring background
checks.
(2) The number of applicants for positions described in
subdivision (1) who were provided a conditional offer.
(3) The number of applicants with a conviction record
who were notified by the employer that the applicant's
conviction record may disqualify the applicant, as provided in
Section 8.
(c) Employers and hiring authorities shall also
regularly conduct a confidential, anonymous survey of
employees in public employment in which background checks are
not conducted to determine the number of individuals with
conviction records who are hired.
(d) An appeal, complaint, or grievance concerning a
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(d) An appeal, complaint, or grievance concerning a
violation of this act by an employer or hiring authority shall
be processed and adjudicated in accordance with established
state procedures.
(e) The Department of Workforce shall conduct an annual
audit to review the state's hiring practices in an effort to
ensure that individuals with criminal records are not
unreasonably denied employment with the state. The Department
of Workforce shall prepare a written report of this annual
audit and submit the written report to the Governor within 90
days of the end of the fiscal year for which the audit was
conducted. With respect to any violations of this act noted in
the annual audit report that occur after October 1, 2025, the
Governor shall take immediate and appropriate action to ensure
that such violations do not recur.
Section 10. This act shall prevail over any other laws
or rules which purport to govern the initiation, suspension,
or termination of employment on the grounds of conviction of
an offense. Nothing in this act may be construed to otherwise
affect relevant proceedings involving the initiation,
suspension, or termination of employment.
Section 11. This act shall become effective on October
1, 2025.
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