HB280 Alabama 2017 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2017

Title

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

Summary

HB280 would stop Alabama state employers from asking about or using an applicant's arrest or criminal history until after a conditional job offer, and would establish recordkeeping and enforcement to protect those records.

What This Bill Does

If passed, state agencies and political subdivisions could not inquire into or consider an applicant's arrest or conviction history until after a conditional offer, with exceptions if a conviction directly relates to the job. Job applications could not ask about conviction history. If a conviction could disqualify a candidate, the employer must give written notice of the specific convictions and provide a copy of the conviction history, while certain records (like arrests without a conviction or sealed/dismissed offenses) could not be used. The act requires recordkeeping, confidentiality of background information, and oversight by the Department of Labor through enforcement, audits, and reporting.

Who It Affects

• Job applicants seeking state employment: protections against pre-offer questions about criminal history and potential disqualification only if the conviction is directly related to the job; must receive written notice if denial is considered.
• State agencies and political subdivisions as employers: must follow new rules, maintain specified records, protect background information, and cooperate with Department of Labor enforcement and annual audits.

Key Provisions

• Prohibits inquiring into or considering an applicant's arrest or conviction history until after a conditional job offer, with exceptions when the conviction directly relates to the job.
• Job applications may not ask about conviction history; certain records (arrests without conviction, sealed/dismissed/expunged convictions, minor offenses) cannot be used or disseminated.
• Employers must keep records for at least three years, provide written notice of potential disqualification with a copy of the conviction history, and maintain data on background checks and related activities; Department of Labor can access records to monitor compliance and conduct audits.
• Department of Labor enforcement, annual state hiring practice audits, and a requirement that violations be addressed; act includes a supremacy clause and an effective date of January 1, 2018.

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