SB358 Alabama 2015 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2015

Title

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

Summary

SB358 would bar employers in Alabama from asking about arrests or criminal history on job applications, with limited exceptions, and allow such questions later in the hiring process.

What This Bill Does

It makes it an unlawful employment practice to include questions about arrests, charges, or convictions on a job application, except for law enforcement positions or when law/regulation allows disqualification due to conviction. Employers may ask about criminal history at the first interview or later. There are two exceptions: if a federal or state law mandates or presumes disqualification for certain offenses, or if a required fidelity bond would disqualify the applicant due to a conviction; in those cases, questions about those offenses are allowed. The bill defines conviction and sets an effective date for when the law takes effect.

Who It Affects

• Job applicants in Alabama: cannot be questioned about arrests, charges, or convictions on applications, except in specific allowed situations; may be questioned later in the process.
• Employers in Alabama: must adjust application forms and interview practices to avoid asking about criminal history on applications, while preserving allowable inquiries at later stages and under certain exceptions.
• Applicants for positions with law enforcement or bonding requirements: may be asked about specific convictions when allowed by law or bond rules.

Key Provisions

• Prohibits including questions about arrest, charges, or convictions on employment applications, except for law enforcement positions.
• Allows employers to ask about criminal history at the first interview or thereafter, in line with applicable laws.
• Permits questions about convictions if a federal or state law creates mandatory or presumptive disqualification for certain offenses.
• Permits questions about convictions if a fidelity bond or equivalent bond is required and would disqualify the applicant.
• Defines conviction as a verdict of guilt after a trial or any guilty plea or nolo contendere.
• Effective date: the act becomes law on the first day of the third month after passage/approval.

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