SB198 Alabama 2018 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

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

SB 198 would bar Alabama state agencies and subdivisions from asking about an applicant's arrest or conviction history before a conditional job offer, with exceptions, and require recordkeeping and enforcement.

What This Bill Does

It stops employers from inquiring into arrest or conviction history until after a conditional job offer, except when a conviction is directly related to the job. It requires employers to keep specific records about conviction history for applicants and employees. It gives the Department of Labor authority to enforce the provisions and conduct audits. It also requires notifying applicants in writing if a conviction could disqualify them and providing a copy of the conviction history report when available.

Who It Affects

• Job applicants seeking state employment in Alabama would not be asked about arrest or conviction history until after a conditional job offer, except when the conviction is directly related to the job.
• State agencies and political subdivisions as employers must follow the new rules, maintain related records, and be subject to Department of Labor enforcement and audits.

Key Provisions

• Prohibits state agencies and political subdivisions from inquiring into or considering an applicant's arrest or conviction history until after a conditional job offer, with an exception if the conviction is directly related to the job.
• Requires employers to maintain certain employment and hiring records related to applicants' and employees' conviction history.
• Authorizes the Department of Labor to enforce the act and conduct investigations, audits, and reviews.
• Prohibits using arrests not followed by conviction, sealed/dismissed/expunged convictions, and certain minor offenses from background checks, and keeps background check information confidential.
• Requires employers to notify an applicant in writing of the specific offenses that could disqualify them, and to provide a copy of the conviction history report if available.
• Allows a prior conviction to disqualify only if it is directly related to the job, using criteria to assess relation and time since offense.
• Contains exemptions for certain bonds and for personnel in the Alabama Securities Commission and Banking Department, and for law enforcement-related hires.
• Requires record retention for at least three years and authorizes Department of Labor access to records to monitor compliance; includes reporting and auditing requirements.
• Establishes that the act prevails over conflicting laws and sets an effective date of 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