SB134 Alabama 2015 Session

Summary

Primary Sponsor

Quinton Ross

Democrat

Session

Regular Session 2015

Title

Employment practice, unlawful to inquire from job applicant information relating to arrests or conviction of crimes

Summary

SB134 would bar employers and licensing authorities from asking about an applicant's criminal history until after a conditional job offer or after being found otherwise qualified for a license, with recordkeeping and enforcement provisions.

What This Bill Does

It prohibits pre-offer inquiry or consideration of conviction history by employers, and licensing authorities from asking about convictions until the applicant is otherwise qualified, except when the conviction directly relates to the job or occupation. It requires employers to keep certain records on conviction history and gives the Department of Labor enforcement power, including audits and possible fines. If a conviction might affect eligibility, the bill requires notice to the applicant, a chance to provide mitigation evidence, and an individualized assessment before a final decision. It also protects certain records from use (arrest without conviction, sealed/dismissed records, minor infractions) and sets procedures for denial or reapplication.

Who It Affects

• Job applicants and current employees with criminal records, who would face fewer automatic barriers and have opportunities to present mitigation evidence before any hiring decision.
• Employers, hiring authorities, licensing authorities, and the Department of Labor, who must follow new rules on how to handle conviction history, maintain records, and enforce compliance (including possible fines and civil actions).

Key Provisions

• Prohibits employers from inquiring into or considering conviction history until after a conditional job offer, unless the conviction directly relates to the job.
• Prohibits licensing authorities from inquiring into or considering conviction history until the applicant is found otherwise qualified for the license, unless the conviction directly relates to the occupation.
• Requires employers to maintain specific employment and hiring records related to conviction history and allows DoL access for compliance monitoring.
• Gives the Department of Labor enforcement powers, including audits and the ability to issue fines and pursue civil action for violations.
• Provides a process for applicants to receive written notice, copies of conviction history, and an opportunity to present mitigation evidence, with a 10-business-day response window and an open position during review.
• Defines how to evaluate whether a conviction directly relates to the position and outlines conditions for mitigating evidence and eligibility after mitigation.
• Protects certain records from disclosure (arrests without convictions, sealed/dismissed records, certain misdemeanors) and requires confidentiality of background check information.

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

Subjects

Employment