HB377 Alabama 2022 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2022

Title

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

Summary

HB377 would bar state and local government employers from asking about or using an applicant's arrest or criminal history until after a conditional job offer, with recordkeeping and enforcement provisions.

What This Bill Does

If enacted, the bill would stop state agencies, boards, commissions, and political subdivisions from inquiring into or considering an applicant's arrest or conviction history before a conditional offer, with certain exceptions. It would require employers to maintain specific records related to conviction history and allow the State Personnel Department to enforce these provisions and conduct audits. The bill would limit how criminal history can disqualify someone, requiring that any disqualification be directly related to the job and be weighed against several factors. Background check information would remain confidential unless required by law.

Who It Affects

• Job applicants seeking employment with state agencies, boards, commissions, departments, or political subdivisions, who would be protected from early questions about criminal history and may receive notices or remedies if denied.
• State and local government employers and hiring authorities (state agencies, boards, commissions, departments, counties, and municipalities) who must adjust hiring practices, maintain records, and comply with enforcement, audits, and reporting requirements.

Key Provisions

• Prohibits inquiring into or considering an applicant's arrest or conviction history until after a conditional job offer, with specified exceptions.
• Requires state and local employers to maintain certain employment and hiring records related to conviction history; sets three-year retention and gives access to the State Personnel Department for monitoring and enforcement.
• Prohibits use or dissemination of certain records (e.g., arrest without conviction, sealed/dismissed/expunged offenses, minor infractions) and keeps background check information confidential unless required by law.
• Disqualifications based on a prior conviction are allowed only if the conviction is directly related to the job, and employers must consider defined factors to determine direct relation and relevance.
• Provides exemptions and special rules for certain positions and bond requirements; outlines specific positions where pre-screening questions may occur (e.g., bonds, sensitive positions, certain law enforcement or confidential roles).
• Establishes enforcement mechanisms, including complaints to the State Personnel Department, annual audits, and potential remedies in circuit court for violations by political subdivisions; requires notice to applicants when disqualification is considered; sets effective date of January 1, 2023.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Employment