Alabama Background Check
Alabama employers who need to hire must consider conducting background checks on prospective employees. Background screenings in Alabama allows employers to verify potential employees and make better choices about hiring.
Some applicants make up their resumes and claim to have work experience or credentials they don't possess. An Alabama background check offer employers to confirm the claims that applicants make on their resumes and applications.
Did you realize the 93% those interviewed said they knew someone who faked their resume?
If conducted correctly, Alabama background checks can assist employers in identify dishonest and unqualified candidates. However, background checks for employees in Alabama should follow a manner that is in compliance with all applicable laws to avoid exposing themselves to legal liability.
Based on our experience in conducting background check for companies in Huntsville, Mobile, Montgomery, Birmingham, and more We have created this guideline for employers to use to help them carry out background checks within Alabama.
Continue reading below.
Why do Alabama Employers conduct Background checks?
Background checks to be conducted for employees are performed in the state of Alabama by Alabama employers for a variety of reasons. The most commonly used ones are listed below.
1. Routine Screenings to Pre-Employment for entry-level jobs
Many Alabama employers consider background checks as an essential part of hiring decisions.
Conducting background checks prior to employment in Alabama on applicants for entry-level positions lets employers verify the claims that their candidates have made, and also screen out applicants with unqualified convictions or are insincere.
2. In-Depth Screening of Applicants for Supervisory positions
Supervisors typically have access to their company's trade secrets, while they also have more responsibility than other employees. This is why employers usually conduct background checks for applicants to supervisory post that are more rigorous than screenings they do for entry-level jobs.
3. Employment checks at regular intervals
Some employers opt or are required to conduct regular background checks on a regular basis on employees currently employed. Background checks on a regular basis are required in the trucking industry , and other industries by law.
4. Comprehensive Background Screens for Applicants for the Caring Professions
Charities, companies and non-profit organizations providing services to the most vulnerable that include disabled and elderly people and children have to run thorough background checks of job applicants and volunteers.
Services provided by companies to vulnerable populations need to conduct rigorous background checks to protect their customers and their patients. These kinds of background checks are far more extensive than the kinds of checks that other employers conduct.
Alabama Background Check Laws 2021
Background screening in Alabama are required to be conducted according to the laws and regulations in force.
Below, you'll be able to review the relevant federal and state laws.
Federal Laws on Employment Background Checks
Federal legislation known as the Fair Credit Reporting Act (FCRA) was adopted in 1970. It is enforced through the Federal Trade Commission (FTC). The law was enacted to ensure the security and privacy of data gathered by consumer report agency (CRAs) and made available to third parties, including businesses who conduct background checks for employees.
Employers also have rules they must comply with in accordance with the FCRA. Prior to employers from Alabama may conduct pre-employment screenings on prospective employees they must first provide an official notice in writing of their intention to conduct the screening and get permission from applicants in writing to conduct them.
The FCRA covers the steps employers must perform if they decide to make hiring decisions using information gathered in background checks. Making sure that background checks are in compliance with FCRA is essential to avoid penalties, fines and possible lawsuits from potential candidates.
Title VII of the Civil Rights Act of 1964 is an important role in the government's efforts to stop discrimination based on particular characteristics that are protected for people. Title VII is enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and prohibits discrimination in the workplace due to protected status of employees and applicants.
In accordance with this law under this law, the EEOC has issued guidance for employers on how to handle the information about criminal history that is uncovered on background checks before hiring.
Alabama State Laws on Employment Background Checks
The Ban on the Box Law for the City of Birmingham
In 2016 the the former Birmingham Mayor Raymond Bell signed a ban-the-box executive order to Birmingham. City of Birmingham.
This law is only applicable to employers of the public sector in Birmingham. City of Birmingham and prohibits employers from requesting criminal history information when they submit applications.
Alabama Redeemer Act
Alabama Governor Kay Ivey signed the Alabama Redeemer Act into law on April 23rd 2021. The law was in effect from June 1, 2021 and has changed the process for expunging records within the State of Alabama. Anyone with certain misdemeanor or felonies on their records are now able to request the court to get their records removed.
Expunged records cannot be used in employment-related decision-making and are not disclosed by CRAs. People who have expungements may legally dispute the validity of their conviction.
What is shown on a background check within Alabama?
What you can expect to see in your job background check will depend on the type of information you're looking for.
The majority of employers in Alabama will require background checks for criminals along with employment verification as well as verification of education. Employers who require their employees to be drivers as part of their work are also required to have records of their motor vehicles and most Alabama businesses also require pre-employment drug tests.
The typical job background check in Alabama will provide the following information:
- Convictions for misdemeanor or felony that have not been expunge
- Criminal matters pending
- Arrests that result in convictions
- Listing on the sex offenders registry
- History of education
- Employment and history
- History of address
- Participation in the Domestic Terrorist Watch List
We'll look at what you could discover on a few these reports.
Criminal History Reports
If the applicant has a non-punished criminal record the following information will be displayed for each crime:
- Date of the offense
- Offense Type
- Level of severity for the offense (felony or misdemeanor)
- Date of disposition
According to Alabama law the expunged convictions and arrests are not reported.
Employers who request verification of education will be able to view the following information regarding their candidate's education record:
- Name/location of each school which students attend
- The dates that students attend each institution of education.
- Degrees, diplomas or certificates awarded
Employers can use education verification to confirm the schools that an applicant attended, as well as any degrees claimed and whether or not he or is suitable for the job.
Alabama employers who require confirmation of employment are able to confirm the statements applicants have made regarding their past jobs. In this kind of report, you'll see the following details:
Addresses and names of all previous employers
The dates of each previous job
Titles and positions held by the previous companies
How Long Does the Employment Background Check get to Alabama?
In the FCRA There is a seven year limit on the time the background check for employment can be carried out for jobs with a salary less than $75,000 annually. The following information cannot be disclosed if it's older than seven years:
- Arrests that have not led to convictions
- Civil lawsuits
- Civil judgments
The salary cap exception implies that the data can be reported in the case of positions that pay $75,000 or more in a year.
The lookback period of the FCRA isn't applicable on criminal charges. Criminal convictions that aren't expunged in Alabama are filed regardless of how long they are.
Other forms of vital background information on the applicant's previous employment or educational background are also not governed by this FCRA regardless of the applicant's age.
Where Can I Find an Background check for Alabama?
Employers in Alabama are able to conduct criminal background checks for applicants through Alabama Law Enforcement Agency's Background Check System. Alabama Law Enforcement Agency's Alabama Background Check System.
Employers that offer services to vulnerable adults as well as children are able to apply for criminal background checks through the Alabama Department of Human Resources.
But, background checks conducted by the state do not reveal information regarding previous convictions within other countries as well as the background of an applicant's employment or education qualifications.
If you search online, you could discover online sellers offering free Background checks for Alabama. Do not trust these providers as they may not conform to the FCRA and will often provide incorrect and outdated data.
Using information obtained by this means could expose your business to lawsuits from prospective customers.
It is best to choose an established and trustworthy job background check company like The Koleman Group LLC. We adhere to the FCRA and provide complete, up-to-date complete reports to our customers.
For An Alabama Employer How Do I Ensure Compliance?
Alabama employers who conduct background checks must be sure they follow the applicable laws that govern the procedure.
The penalties for breaking FCRA are severe. FCRA can be severe. They may include hundreds of dollars in fines per violation, attorney fees, and court costs. In the event of a dispute, based on circumstances in the case, punitive damages could be imposed.
These tips will help you ensure that your business adheres to the laws that govern background checks for employees.
1. Individually assess criminal records
For applicants who have criminal convictions, you need to examine their convictions individually as they directly pertain to the jobs for which they've applied. A decision to reject an applicant on the basis of convictions of an individual is justifiable when it is directly and negatively related to the job and the duties it requires.
2. Send an Pre-Adverse Job Action Notification
In accordance with the FCRA it is mandatory to provide a pre-adverse actions notice to applicants who you plan to not accept the applicant upon the basis of an investigational background check. The notice should contain the conviction that was disqualifying as well as a copy report, as well as a reminder of the deadline by which you expect the applicant to provide more details.
3. Send a Final Action Notice
If you decide to reject an application due to criminal record information, you are obliged to issue an adverse action notification to the applicant informing them of your decision not to employ him or her.
The notice should include the rights of the applicant under the FCRA to contest the decision, to request reconsideration, as well as to request an official copy of his/ background check at the CRA within 60 days.
It should also include details of the contact details of the CRA as well as a declaration of the fact that they were the background check provider did not make the hiring decision that was adverse to the applicant.
What causes you to fail a background check for Alabama?
Many factors can lead applicants to be turned down for employment based upon the findings of the pre-employment background check.
There are a variety of reasons employers may not hire applicants are convictions that directly and negatively have an impact on their work and past employment or degrees awarded or the institutions they that they have attended, a poor driver's record or failing drug screenings.
The reasons for this are explained below.
Criminal Convictions that are directly connected to the Work
Although millions of Americans have criminal histories but that doesn't necessarily mean that they'll be denied work.
If an applicant has a previous conviction which is in direct and negative relation to the job for the position to which they have been considered, the employer may be justified in denial of an application for employment.
Certain industries also have rules that prevent hiring employees who have certain kinds of convictions.
Untruths About Past Employment
There are people who lie on resumes and applications in order to conceal gaps in work or to say they were in positions with more responsibility than they actually did.
Employers who request proof of employment will be able to determine whether the applicant is lying and are likely to reject applicants who have.
The Truth About Education
Some applicants also are prone to lying about the institutions they attended, or about their degree and degrees or diplomas.
Employers who require proof of education can quickly determine whether an applicant is truthful about their qualifications and will not accept applicants who lie.
Poor Driving Record
Anyone who applies to become professional drivers or receive company vehicles are likely to check their driving record. If they have numerous road violations in their record are most likely to be disqualified due to potential liability and insurance concerns.
Failures in Pre-Employment Drug Screens
A lot of employers in Alabama offer job opportunities conditioned upon pre-employment drug tests. If a candidate fails a drug test the employer is likely to decline the applicant.
What is the Cost of an Background Checks cost to be conducted in Alabama?
The cost of a background check for a criminal background check requested from the Alabama Law Enforcement Agency costs $25 for each check. Ordering a criminal background check from the Alabama Department of Human Resources costs $48.85 per report.
However, these kinds of background checks are restricted to Alabama arrests and convictions, and do not provide information on criminal convictions from other states, or the past work experience and educational background.
An alternative is to use an external background check provider like The Koleman Group LLC. We have access to trusted databases and the most cutting-edge methods for research to deliver accurate, legally compliant and precise background check reports at an reasonable cost.
We have a variety of background check reports for employers in Alabama. Additionally, you can benefit from our volume discounts if you need to purchase 50 or more reports within a calendar year. To get a no-obligation, complimentary estimate, contact us today.
What is the length of time a Background Check take to complete in Alabama?
Employers must make quick hiring decisions and can't afford to sit for long periods of period of time to wait for the results of a background check to come back. The amount of time a background check might take will be contingent on the way it's carried out.
Employers who try do background screening on their own with a do-it-yourself method often discover that the process could take several weeks.
If you're a part of The Koleman Group LLC, you will get reports on your background check reports quickly so you can make quick and well-informed hiring decision. We can send complete background checks for employment to Alabama employers within only an hour.
The Koleman Group LLC is your trusted partner for Fast and Accurate Compliant Alabama Background checks
Alabama employers must consider background checks before hiring as an essential factor when making hiring choices. If you conduct thorough exact, precise background checks that are FCRA compliant You can be more secure in hiring decisions and protect your business from any potential legal liability.
In The Koleman Group LLC, We have the experience and resources to conduct thorough background checks that are in compliance with the law.
Contact us today to find out more about our services and request a no-cost estimate.
Disclaimer: The materials provided in this article are meant to be educational only and do not provide legal advice. Contact your attorney for legal concerns regarding your particular practices and the compliance with applicable laws.
Written on 2021-01-30 01:13:11 by larry coleman