HB257 Alabama 2018 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2018

Title

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

Summary

HB 257 would restrict government employers in Alabama from asking about or using an applicant's arrest or criminal history until after a conditional job offer, while adding record-keeping and enforcement requirements.

What This Bill Does

The bill bars the State of Alabama, its agencies, and political subdivisions from inquiring into or considering an applicant's arrest or conviction history before a conditional offer, with exceptions if the conviction is directly related to the job. It requires employers to maintain specific records about conviction history and to keep background check information confidential. The Department of Labor would enforce the act, conduct complaints and annual audits, and require employers to retain records for at least three years, including data on offers and potential disqualifications. If an employer denies employment based on a prior conviction, it must provide written notice detailing the specific convictions and include a copy of the conviction history report.

Who It Affects

• State agencies, local governments, and other public employers in Alabama, who must change when and how they inquire about criminal history and must maintain record-keeping and reporting requirements.
• Job applicants and current employees with criminal records, who gain stronger protections against automatic disqualification and have access to notice and record-keeping processes related to their history.
• The Department of Labor, which is granted enforcement, auditing, and complaint-handling roles.
• Employers with exceptions (e.g., certain bonding requirements, law enforcement, securities commission, and banking department positions) who have tailored provisions and potential exemptions.

Key Provisions

• Prohibits inquiring into or considering an applicant's conviction history until after a conditional job offer, except when the conviction is directly related to the position.
• Requires employers to maintain certain employment and hiring records related to conviction history and to keep background check information confidential.
• Authorizes the Department of Labor to enforce the act, investigate complaints, and conduct periodic compliance audits; employers must retain records for at least three years and provide access to the Department of Labor for monitoring.
• If denial of employment is based on prior conviction, the employer must give written notice of the specific convictions and provide a copy of the conviction history report; disqualification must be tied to direct relation to the job, with specified factors to assess relation.
• Defines exemptions and limitations (e.g., certain bonding requirements, law enforcement or confidential information roles, and specific agencies) where the act does not apply.
• Effective date is January 1, 2019.

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