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Alabama Background Check

Alabama employers who need to hire must consider conducting background checks on prospective employees. Background screenings in Alabama allow employers to verify potential employees and make better choices about hiring.

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Alabama Background Check

 

Some applicants make up their resumes and claim to have work experience or credentials they don't possess. An Alabama background check lets employers confirm applicants' claims on their resumes and applications.

Did you realize that 93% of those interviewed said they knew someone who faked their resume?

If conducted correctly, Alabama background checks can assist employers in identifying dishonest and unqualified candidates. However, background checks for employees in Alabama should follow a manner that complies with all applicable laws to avoid exposing themselves to legal liability.

Based on our experience in conducting background checks for companies in Huntsville, Mobile, Montgomery, Birmingham, and more, we have created this guideline for employers 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 Alabama by Alabama employers for a variety of reasons. The most commonly used ones are listed below.

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 before employment in Alabama on applicants for entry-level positions lets employers verify the claims their candidates have made and screen out applicants with unqualified convictions or who are insincere.

  1. 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 posts that are more rigorous than screenings they do for entry-level jobs.

  1. Employment checks at regular intervals

Some employers opt or are required to conduct background checks on employees currently employed regularly. For example, background checks regularly are necessary for the trucking industry and other industries by law.

  1. 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 other employers' kinds of reviews.

Alabama Background Check Laws 2022

Background screening in Alabama is 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

FCRA

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 agencies (CRAs) and made available to third parties, including businesses that conduct background checks for employees.

Employers also have rules they must comply with under the FCRA. For example, before employers from Alabama may conduct pre-employment screenings on prospective employees, they must first provide an official notice in writing of their intention to complete 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 comply with FCRA is essential to avoid penalties, fines, and possible lawsuits from potential candidates.

Title VII

Title VII of the Civil Rights Act of 1964 plays a vital 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 the protected status of employees and applicants.

In accordance with this law, the EEOC has issued guidance for employers on how to handle the information about criminal history 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 former Birmingham Mayor Raymond Bell signed a ban-the-box executive order to Birmingham. The city of Birmingham.

This law is only applicable to employers of the public sector in Birmingham. The city of Birmingham prohibits employers from requesting criminal history information when they submit applications.

Alabama Redeemer Act

Alabama Governor Kay Ivey signed the Alabama Redeemer Act on April 23rd, 2021. The law was in effect from June 1st, 2021, and has changed the process for deleting records within the State of Alabama. Anyone with a specific misdemeanor or felonies on their records can now request the court to get their records removed.

Expunged records cannot be used in employment-related decision-making and are not disclosed by CRAs. In addition, 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 and verification of education. In addition, employers who require their employees to be drivers as part of their work are also required to have records of their motor vehicles. Finally, most Alabama businesses also need 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 expunged
  • 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 of 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)
  • Disposition
  • Date of disposition
  • Sentence

 

According to Alabama law, expunged convictions and arrests are not reported.

Education Verification

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, any degrees claimed, and whether or not he or he is suitable for the job.

Employment Verification

Alabama employers who require confirmation of employment can 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 last 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 background check for employment that 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
  • Liens
  • Bankruptcies

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. As a result, 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 a Background check for Alabama?

Employers in Alabama can 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 and children can 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 and the background of an applicant's employment or education qualifications.

You could discover online sellers offering free Background checks for Alabama if you search online. However, please do not trust these providers as they may not conform to the FCRA and 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, comprehensive 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. They may include hundreds of dollars in fines per violation, attorney fees, and court costs. In addition, in the case of a dispute, punitive damages could be imposed based on circumstances in the case.

These tips will help you ensure that your business adheres to the laws governing employment background checks.

  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 based on an individual's convictions is justifiable when it is directly and negatively related to the job and the duties it requires.

  1. Send a Pre-Adverse Job Action Notification

Under 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 was disqualifying.
  • A copy report.
  • A reminder of the deadline you expect the applicant to provide more details.
  1. Send a Final Action Notice

Suppose you decide to reject an application due to criminal record information. In that case, 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 applicant's rights under the FCRA to contest the decision, request reconsideration, and request an official copy of his/her 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 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 on the pre-employment background check findings.

There are a variety of reasons employers may not hire applicants are convictions that directly and negatively impact their work and past employment or degrees awarded or the institutions 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, that doesn't necessarily mean they'll be denied work.

Suppose an applicant has a previous direct and negative conviction concerning the job for the position they have been considered. In that case, the employer may be justified in denying an employment application.

Specific industries also have rules that prevent hiring employees who have certain convictions.

Untruths About Past Employment

Some people lie on resumes and applications to conceal gaps in work or say they were in positions with more responsibility than they did.

Employers who request proof of employment will determine whether the applicant is lying and are likely to reject applicants who have.

The Truth About Education

Some applicants are also prone to lying about the institutions they attended or their degrees or diplomas.

Employers who require proof of education can quickly determine whether applicants are truthful about their qualifications and will not accept applicants who lie.

Poor Driving Record

Anyone who applies to become a professional driver or receive company vehicles will likely 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

Many employers in Alabama offer job opportunities conditioned upon pre-employment drug tests. If a candidate fails a drug test, the employer will likely decline the applicant.

What is the Cost of 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 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 a 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 takes to complete in Alabama?

Employers must make quick hiring decisions and can't afford to sit for long periods 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 to do background screening independently 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 decisions. We can send complete background checks 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 comply with the law.

Contact us today to learn 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 compliance with applicable laws.


Updated on 2022-06-07 21:33:49 by larry coleman

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