Alabama Background Check

 

 

 

What’s Included In An Alabama Background Check?

A basic background check can include a criminal history record search in the state of Alabama. Here is a list of what can be include in an Alabama background check:

• Arrest Records
• Criminal Records
• Civil Records Search
• Education Verification
• Employment Verification
• Credit Report
• Driving Records Or Motor Vehicle Report (MVR)
• Professional License Verification
• Reference Check
• Fingerprinting
• Drug Testing

 

Civil Records Search

Part of an Alabama public records search includes a civil records search. A civil record search includes, judgements, lawsuits, bankruptcies, liens, and more. Although not as common as a criminal record search or education verification, civil record searches are conducted on potential tenants. This can include evictions. Learn more about conducting an Alabama tenant background check.

 

Education Verification

Education verifications in Alabama includes a search of the applicant’s education career. The verification usually includes a post-secondary school career. This includes checking for a post secondary degree, or certifications to ensure the applicant is qualified for the position in question. An education verification can also include a secondary education check. This education check verifies if the applicant attained a high school diploma, or GED. The education verification does not only include if the applicant has gotten a degree or certification but also verifies if the applicant attended the secondary or post-secondary education institution. Applicant’s that lie about their education credentials, may be subject suspension, termination, and also legal consequences. 

 

Employment Verification

Employment verifications like education verifications are common when employers conduct background checks on its applicants, and employees. An employment verification verifies the employment history of an applicant. This type of check includes where an applicant previously worked, job title, start and end date, and how the applicant performed at this position. 

 

Fingerprinting in Alabama

Though most background checks in Alabama usually require a criminal history check through the courts. Another type of criminal history search is fingerprinting. Though fingerprints can be mailed anywhere, fingerprints specifically for an Alabama criminal history search must be conducted either electronically or on a manual fingerprint card by a fingerprint technician or law enforcement agency and either electronically or physically sent to the Alabama State Law Enforcement Agency (ALEA). Most healthcare positions in Alabama require fingerprinting. Learn about the Alabama healthcare background check. All employers or positions in Alabama do not require fingerprinting for applicants. A list of industries, and positions that require fingerprinting in Alabama include: 

 

• Anyone dealing with vulnerable person (children, disabled adults, elderly)
• Licensing needs (real estate, physicians, etc.)
• Employment
• Government Employees
• Financial institutions
• Nurses and more.

 

Fingerprint turnaround times can vary anywhere from a few days to several weeks to get the results.

 

Alabama Arrest Records

When a background check is conducted in Alabama, the first thing employers look for are arrest records. Arrest records are records created by law enforcement agencies after arrests are made on subjects. These records can include, date of arrest, arresting agency, and reason for arrest. Although arrest records verify arrests, they do not include convictions.

 

Alabama Criminal Background Check

A criminal background check in Alabama is a history that includes arrest records and other criminal history searches. Unlike arrest records these records will include convictions, or dismissals. The criminal background check in Alabama includes petty offense, misdemeanors, and felonies and covers all counties in Alabama. Although traffic tickets are considered “traffic infractions” in most states and counties, traffic tickets are included in a Alabama background check. Traffic tickets are still included in criminal background check’s because a major infraction can be considered crime. For example a speeding ticket is considered a minor infraction that doesn’t usually end in an arrest, but driving on suspended license or DUI usually does end in arrest. 

 

Alabama Background Check For Employment

Alabama employers conduct background checks on applicants to ensure the most qualified applicant is chosen for the position. When conducting background check HR must follow the local, state, and federal laws when conducting a background check. In order to conduct background checks on any applicant in Alabama, employers will need to get the applicant’s consent and will need the applicant’s info to conduct the background check. The Koleman Group LLC provide the necessary forms to conduct a background check in Alabama for employment. Running a background check without an applicant’s consent in Alabama is considered illegal and can put the company legal trouble.

 

Driving Records In Alabama

In Alabama employers and insurance agencies may request a driving record or motor vehicle record (MVR). These records reveal the driving history on an applicant or current employee. Data revealed on an Alabama MVR, reveal traffic infractions, accidents, and license validity. This records come from state and local DMVs. Also the records can come from state and county court records. Learn more about Alabama driving records here.

 

 

Drug Testing 

Employers in Alabama can conduct drug testing on applicants. Drug testing tests for banned substances in the workplace. Applicants can go to designated drug testing locations provided by their employers. Most drug tests screen for most federally illegal substances. Some employers may require more specialized drug test like DOT drug tests. 

 

Alabama Background Check Laws

Employer must follow local, state, and federal laws when conducting background checks in Alabama. Employers need a consent to conduct a background check and cannot run a background check on applicants without giving the applicant written notice. Although most criminal records, civil records, and other records are considered “public records”, employers cannot use a criminal history search to deny an applicant a position without getting consent to conduct the background check.

 

Alabama Ban of The Box Law

Alabama does not have a Ban the Box Law. This means that employers can ask an applicant about their background during the application process (e.g. on a job application), and during the interview process. Alabama employers can also refuse to hire applicants based on the results of the background check or during the application process.

 

AL Code § 15-27-16 (2015)

This laws states that any applicant who did have their record expunged does not have to inform an employer of that particular incident. Any CRA who knows of this expungement order prior to and reveals, gives access to, makes public, uses, or otherwise discloses the contents of an expunged file without a court order, may be guilty of a misdemeanor. 

 

AL Code § 38-13-3 (2000)

Criminal background checks are required for certain individuals: Here exceptions are some exceptions.

On November 1, 2000, all employers, child care facilities, adult foster care facilities, human resources departments, and child placement agencies required Alabama State Law Enforcement Agency (ALEA) to conduct criminal history background for the following: 

 

1. A job applicant, employee, or volunteer of an employer, child care facility, adult care facility, or child placement agency. 
2. The child's current foster parent or an adult household member of a foster parent, or a person in a foster family, and a recruitment agency or human resources department for an adult household member of a foster family who is applying for foster parent or foster parent home. Except otherwise provided in this chapter, cannot conduct a criminal  background check  on a current foster parent or household member of a foster family if a criminal background check has already been completed by the Federal Bureau of Investigation and the Alabama State Law Enforcement Agency meets the suitability criteria listed in this chapter under other laws. Subsequent arrests or convictions of foster parents, or arrests or convictions entered into the automated system after the initial report, will be forwarded by the Alabama State Law Enforcement Agency to the Department of Human Resources, as described in this chapter.  
3. Applicants in human resources positions other than those currently employed as of November 1, 2000, that require unsupervised access to children, the elderly, or persons with disabilities in order to perform the essential functions of the job. or an employee. All current Human Resources employees are subject to a criminal background check upon reasonable suspicion. Criminal background checks are available for unsupervised access to children, elderly, or individuals with disability. Current employees who contract with Human Resources or work for another organization that contracts with Human Resources are required to undergo background checks under reasonable suspicion. Background checks are also required for students, instructors, and volunteers in positions that employ individuals with disabilities as an important part of the job. Human Resources shall pay all costs associated with any checks required under this section. 
4. A current licensee or applicant for a license from the Department of Human Resources to operate a childcare facility or adult care facility.  
5. Adoptive parents applying to adopt a child through the Department of Human Resources or a child placement agency, and an adoption order approved by the Department of Human Resources or a child placement agency prior to issuance of a final adoption order. Except as otherwise provided in this chapter, do not conduct a criminal background  check  on a current adoptive parent or  member of the adoptive family's household if a criminal background check has already been completed by the Federal Bureau of Investigation and the Alabama State Law Enforcement Agency meets the suitability standards listed in this chapter in accordance with other laws. Subsequent arrests or convictions of the adoptive parent or arrests or convictions entered into the automated system after the initial report shall be transmitted by the Alabama State Law Enforcement Agency to the Department of Human Resources as provided elsewhere in this chapter. 

 

An employer, child care facility, adult care facility, Department of Human Resources, or child placement agency must provide the identity of its chief executive officer or its chief executive officer's written and notarized authorized representative for any criminal history; Only an investigation may be requested and the law enforcement agency shall provide assistance in obtaining the fingerprints necessary to submit an application to the Alabama State Law Enforcement Agency. 

 

 All employees, volunteers, applicants for employment or volunteer positions, licensee, adoptive parent applicant or adoptive parent approved by the Department of Human Resources, or licensed by the Department of Human Resources to operate a children's or adult facility must submit two sets of fingerprints and a written consent signature shall be provided to obtain background information regarding the applicant's criminal history. Fingerprinting is not required if a disability prevents fingerprinting. Disabilities that prevent fingerprinting include loss of both hands, severe scarring of all fingers, paralysis of closed hands, and similar disabilities. When a disability is involved, written consent must be obtained to obtain available criminal history background information by name only. Any person who fails or refuses to provide written consent or  fingerprints required to obtain criminal history background information shall not be permitted to be employed, volunteer or otherwise employed, approved or issued a license by the Department of Human Resources, or allowed to hold a license or approval Department of Human Resources, an employer, child care facility, adult care home, or child placement agency. 

 

Adult care facilities that are exempt from licensing by the Department of Human Resources are not required to comply with this chapter, but may voluntarily provide two sets of fully acceptable fingerprints, written consent, and the non refundable applicant to the Alabama State Law Enforcement Agency. Alabama State Law Enforcement Agency may request a criminal history check, which shall be processed in accordance with this chapter. Social workers licensed to perform home visits may also request a criminal background check, which will be processed in accordance with this chapter. Before disbursing child care subsidies, The Department of Human Resources will require all employees and applicants of legally operating child care facilities to request a criminal background check and have the results of the check as soon as possible. If there is reasonable suspicion that the person has a criminal history or that a criminal background check has not been conducted, the Department of Human Resource will require an employee of a child or adult care facility to submit a request for a criminal background check notify the applicant the results as they become available.

 

How Far Do Background Checks Go Back In Alabama?

Depending on the laws in Alabama a background check can go back anywhere from 7 years to not having a time limit.

 

State Lookback

Alabama does not a have a law that limits how far back a background check goes. This means that arrest records, misdemeanors, felonies, civil judgements have no limits, in Alabama. 

 

FCRA Lookback

Under The Federal Credit Report ACT (FCRA), Consumer Reporting Agencies or CRA’s, criminal records for non-convictions go back seven years from the current date of the background check. Criminal records that resulted in convictions have no time limit. 

The civil records like bankruptcies, judgements, liens etc. go back seven years. The exceptions include employment of individuals who make 75,000 or more in which case the look back can be further. 

So a background check done by The Koleman group LLC could go back 7 years, unless an exception is met e.g. the position salary is 75,000 or the arrest resulted in a conviction then the report is unlimited since The Koleman Group LLC is classified as a CRA.

 

Alabama Criminal Records Search

An Alabama criminal records search all criminal records across Alabama. A basic background check includes a criminal records search. The criminal records search includes arrest records, driving records, infractions misdemeanors, felonies, and convictions. This records come from various sources, including Alabama police departments, Alabama county court records and other public and private sources.

 

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