Alabama 2025 Regular Session

Alabama Senate Bill SB49 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB49INTRODUCED
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3	3	SB49
4	4	H4KN668-1
5	5	By Senators Singleton, Coleman, Coleman-Madison, Stewart
6	6	RFD: State Governmental Affairs
7	7	First Read: 04-Feb-25
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12	12	5 H4KN668-1 01/29/2025 CMH (L)bm 2025-373
13	13	Page 1
14	14	First Read: 04-Feb-25
15	15	SYNOPSIS:
16	16	Under existing law, there is no Alabama statute
17	17	prohibiting the State of Alabama, its agencies, or its
18	18	political subdivisions, as employers, from
19	19	discriminating against a job applicant based on the
20	20	applicant's criminal conviction record.
21	21	This bill would prohibit the State of Alabama,
22	22	its agencies, and its political subdivisions, as
23	23	employers, from inquiring into or considering an
24	24	applicant's arrest or conviction history for
25	25	consideration of a job until after the applicant has
26	26	received a conditional job offer, except when a
27	27	conviction is directly related to the position of
28	28	employment sought.
29	29	This bill would require the State of Alabama,
30	30	its agencies, and its political subdivisions, as
31	31	employers, to maintain certain employment and hiring
32	32	records relating to the conviction history of employees
33	33	and job applicants.
34	34	This bill would also authorize the Department of
35	35	Workforce to enforce the provisions of this act.
36	36	A BILL
37	37	TO BE ENTITLED
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65	65	28 SB49 INTRODUCED
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67	67	TO BE ENTITLED
68	68	AN ACT
69	69	Relating to criminal convictions; to prohibit the State
70	70	of Alabama, its agencies, and its political subdivisions, as
71	71	employers, from inquiring into or considering an applicant's
72	72	conviction history for consideration of a job until after the
73	73	applicant has received a conditional job offer, with
74	74	exceptions; to require the State of Alabama, its agencies, and
75	75	its political subdivisions, as employers, to maintain certain
76	76	employment and hiring records relating to the conviction
77	77	history of employees and job applicants; and to authorize the
78	78	Department of Workforce to enforce the provisions of this act.
79	79	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
80	80	Section 1. The Legislature finds and declares that
81	81	reducing barriers to employment for people with arrest and
82	82	conviction records and decreasing unemployment in communities
83	83	with concentrated numbers of people with criminal conviction
84	84	records are matters of statewide concern. The Legislature
85	85	further finds and declares that increasing employment
86	86	opportunities for people with criminal records will reduce
87	87	recidivism and improve economic stability in our communities.
88	88	Section 2. As used in this act, the following words
89	89	have the following meanings:
90	90	(1) APPLICANT. Any individual considered for, or who
91	91	requests to be considered for, employment or any employee
92	92	considered for, or who requests to be considered for, another
93	93	employment position by the employer.
94	94	(2) DEPARTMENT. The Department of Workforce.
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124	124	(2) DEPARTMENT. The Department of Workforce.
125	125	(3) EMPLOYER. The State of Alabama, its agencies, or
126	126	political subdivisions.
127	127	(4) HIRING AUTHORITY. The person, board, commission, or
128	128	department of the state, or the agencies or political
129	129	subdivisions thereof, responsible by law for hiring
130	130	individuals for public employment.
131	131	Section 3. (a) The following criminal records may not
132	132	be used, distributed, or disseminated by the state, or the
133	133	agencies or political subdivisions thereof, in connection with
134	134	any application for employment with an employer:
135	135	(1) Arrest not followed by a valid conviction.
136	136	(2) Convictions that have been sealed, dismissed, or
137	137	expunged.
138	138	(3) Infractions or misdemeanor convictions for which no
139	139	jail sentence may be imposed.
140	140	(b) Any information pertaining to an applicant's
141	141	background check obtained in conjunction with the hiring
142	142	process shall remain confidential, and may not be used,
143	143	distributed, or disseminated by the state, or the agencies or
144	144	political subdivisions thereof, except as otherwise required
145	145	by law.
146	146	Section 4. (a) An employer or hiring authority may not
147	147	inquire into or consider an applicant's conviction history
148	148	until after the applicant has received a conditional offer.
149	149	(b) Job applications for employment with an employer
150	150	may not inquire into an applicant's conviction history.
151	151	Section 5. (a) An individual may not be disqualified
152	152	from employment with an employer solely or in part because of
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182	182	from employment with an employer solely or in part because of
183	183	a prior conviction, unless a conviction is directly related to
184	184	the position of employment sought. If a state or federal law,
185	185	rule, or regulation explicitly requires that certain
186	186	convictions are an automatic bar to employment, then those
187	187	convictions shall be considered.
188	188	(b) In determining whether a conviction directly
189	189	relates to the position of employment sought, the employer or
190	190	hiring authority shall consider all of the following:
191	191	(1) Whether the conviction is directly related to the
192	192	duties and responsibilities of that employment position or
193	193	occupation.
194	194	(2) Whether the position or occupation offers the
195	195	opportunity for the same or a similar offense to occur.
196	196	(3) Whether circumstances leading to the conduct for
197	197	which the individual was convicted will recur in the position
198	198	or occupation.
199	199	(4) The length of time since the offense occurred.
200	200	Section 6. (a) Nothing in this act shall be interpreted
201	201	as to create any requirement, power, or duty in conflict with
202	202	any federal or state law, rule, or regulation, or with a
203	203	requirement of any government agency or employer from
204	204	implementing any federal or state law, rule, or regulation
205	205	that may govern applicant inquiries, employment decisions, or
206	206	applicant communications.
207	207	(b) Nothing in this act shall prohibit an employer from
208	208	notifying applicants in writing of the specific offenses that
209	209	will disqualify an applicant from employment in a particular
210	210	position due to federal or state law or the employer's policy.
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240	240	position due to federal or state law or the employer's policy.
241	241	Section 7. (a) The requirements of this act do not
242	242	apply to positions where a standard fidelity bond or an
243	243	equivalent bond is required and an applicant's conviction of
244	244	one or more specified offenses would disqualify the applicant
245	245	from obtaining such a bond, in which case an employer may
246	246	include a question or otherwise inquire whether the applicant
247	247	has ever been convicted of any of those offenses.
248	248	(b) This act shall not apply to the hiring of Alabama
249	249	Securities Commission personnel who have access to
250	250	confidential information or who perform law enforcement
251	251	functions or to the hiring of Alabama Banking Department
252	252	personnel who have access to confidential supervisory
253	253	information.
254	254	(c) This act shall not apply to an employer that is a
255	255	law enforcement agency.
256	256	Section 8. If the employer or hiring authority intends
257	257	to deny an applicant a position of employment solely or in
258	258	part because of the applicant's prior conviction, the employer
259	259	or hiring authority, prior to a final decision, shall provide
260	260	the applicant written notification of the following:
261	261	(1) The specific conviction or convictions that are the
262	262	basis for the potential denial or disqualification.
263	263	(2) A copy of the conviction history report, if any.
264	264	Section 9. (a) The Department of Workforce shall be
265	265	responsible for enforcing this act. A person who is aggrieved
266	266	by an employer's or hiring authority's violation of this act
267	267	may contact the Department of Workforce to report any
268	268	problems, concerns, or suggestions regarding the
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298	298	problems, concerns, or suggestions regarding the
299	299	implementation, compliance, and impact of this act, and the
300	300	department shall keep a record. In addition, the Department of
301	301	Workforce shall conduct periodic reviews to assess compliance
302	302	with this act. The Department of Workforce shall investigate
303	303	and review complaints and maintain records detailing
304	304	complaints and their disposition.
305	305	(b) An employer or hiring authority shall retain for a
306	306	minimum of three years application forms, records of
307	307	employment, and other pertinent data and records required
308	308	under Sections 1 to 6, inclusive, including, but not limited
309	309	to, communications with the applicant, and shall allow the
310	310	Department of Workforce access to such records to monitor
311	311	compliance. In addition, the employer shall maintain a record
312	312	of all of the following:
313	313	(1) The number of positions requiring background
314	314	checks.
315	315	(2) The number of applicants for positions described in
316	316	subdivision (1) who were provided a conditional offer.
317	317	(3) The number of applicants with a conviction record
318	318	who were notified by the employer that the applicant's
319	319	conviction record may disqualify the applicant, as provided in
320	320	Section 8.
321	321	(c) Employers and hiring authorities shall also
322	322	regularly conduct a confidential, anonymous survey of
323	323	employees in public employment in which background checks are
324	324	not conducted to determine the number of individuals with
325	325	conviction records who are hired.
326	326	(d) An appeal, complaint, or grievance concerning a
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356	356	(d) An appeal, complaint, or grievance concerning a
357	357	violation of this act by an employer or hiring authority shall
358	358	be processed and adjudicated in accordance with established
359	359	state procedures.
360	360	(e) The Department of Workforce shall conduct an annual
361	361	audit to review the state's hiring practices in an effort to
362	362	ensure that individuals with criminal records are not
363	363	unreasonably denied employment with the state. The Department
364	364	of Workforce shall prepare a written report of this annual
365	365	audit and submit the written report to the Governor within 90
366	366	days of the end of the fiscal year for which the audit was
367	367	conducted. With respect to any violations of this act noted in
368	368	the annual audit report that occur after October 1, 2025, the
369	369	Governor shall take immediate and appropriate action to ensure
370	370	that such violations do not recur.
371	371	Section 10. This act shall prevail over any other laws
372	372	or rules which purport to govern the initiation, suspension,
373	373	or termination of employment on the grounds of conviction of
374	374	an offense. Nothing in this act may be construed to otherwise
375	375	affect relevant proceedings involving the initiation,
376	376	suspension, or termination of employment.
377	377	Section 11. This act shall become effective on October
378	378	1, 2025.
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