HB387 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Dickie Drake
Republican
Co-Sponsors: Allen Treadaway Allen Farley
Session: Regular Session 2011
Title: Criminal history background checks, Human Resources Department and Public Safety Department, duties clarified, transmission of criminal history reports via FBI-certified channeler, suitability determinations, types considered for reversal, clarified, Secs. 38-13-2, 38-13-3, 38-13-4, 38-13-7 am'd.
Summary: HB387 clarifies and tightens Alabama's criminal history background checks for people who care for children, the elderly, or disabled, including how reports are shared and when suitability decisions can be reversed.
What This Bill Does
The bill updates who must have background checks, and how results are shared between the Department of Public Safety and the Department of Human Resources. It creates a process for transmitting background reports to HRS and to applicants with disqualifying crimes, and clarifies DPS duties in reporting arrests or convictions. It also allows reversal of certain suitability determinations after specified time limits and rehabilitation factors, and it permits prosecution or employment actions for inadvertently false information on applications. Additionally, it reduces duplication by removing some background information requests to Education for those already checked by Education, and it sets fingerprinting and identification procedures for applicants.

Who It Affects
Individuals: employees, volunteers, and applicants for child or adult care facilities, foster/adoptive parents, and others requiring unsupervised access to vulnerable groups; these individuals would undergo background checks, fingerprinting, and may face disqualification or potential reversal of determinations.
State agencies and licensees: Department of Public Safety, Department of Human Resources, care facilities, and child placing agencies; these entities will handle report transmission, suitability determinations, potential license actions, and cross-agency information sharing (with Education changes) under the new rules.

Key Provisions
Clarifies which Department of Human Resources employees must undergo criminal history background checks and defines the scope for applicants, employees, volunteers, licensees, and foster/adoptive approvals.
Eliminates certain requirements for the Department of Human Resources to request background information from the Department of Education for individuals already background checked by Education.
Establishes transmission of criminal history reports from the Department of Public Safety to the Department of Human Resources via an FBI-certified channeler and requires sending reports to applicants with disqualifying crimes; clarifies DPS duties regarding arrests/convictions.
Allows, but does not require, prosecuting individuals who inadvertently provide false information on a criminal history application; permits termination of employment or denial of approval as a foster/adoptive parent for such cases.
Provides for reversal of certain suitability determinations and sets time frames: felonies after 10 years and misdemeanors after 5 years, with criteria to demonstrate rehabilitation.
Requires two sets of fingerprints and written consent for background checks, with exceptions for certain disabilities; allows name-based checks when fingerprinting is not possible.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses