SB49 Alabama 2025 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

2025 Regular Session

Title

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

Summary

SB49 would limit how state employers in Alabama use applicants' criminal history by delaying inquiries until after a conditional job offer and strengthening record-keeping and enforcement.

What This Bill Does

The bill bars the state, its agencies, and political subdivisions from asking about or considering an applicant's arrest or conviction history until after a conditional offer is made, with exceptions if the conviction is directly related to the job. It also prohibits using arrests with no conviction, sealed/dismissed/expunged convictions, and certain minor offenses without jail time in hiring decisions, and requires confidentiality of background-check information. It requires keeping records on conviction history for applicants and employees and gives the Department of Workforce authority to enforce, audit compliance, and report findings to the Governor. It defines how to assess whether a conviction directly relates to a job, outlines notification requirements if a denial is considered, and sets an effective date of October 1, 2025.

Who It Affects

• Job applicants seeking state employment, who would not be asked about or evaluated on arrest/conviction history until after a conditional job offer (with some exceptions), and who could only be disqualified if the conviction directly relates to the job.
• State government employers (the State, its agencies, and political subdivisions) and the Department of Workforce, which must implement the new rules, maintain and audit related records, protect background-check information, and enforce compliance.

Key Provisions

• Prohibits inquiring into or considering an applicant's arrest history or conviction history until after a conditional job offer is made, with exceptions if the conviction directly relates to the job.
• Prohibits using arrests not followed by conviction, sealed/dismissed/expunged convictions, and certain infractions or misdemeanors with no jail time in hiring.
• Requires employers to maintain employment and hiring records related to conviction history for applicants and employees for at least three years and to keep background-check information confidential.
• Requires written notification to an applicant if denial or disqualification based on prior conviction, including the specific conviction and a copy of the conviction history report if available.
• Authorizes the Department of Workforce to enforce the act, conduct periodic compliance reviews and audits, and maintain records of complaints and dispositions; provides a process for appeals and Governor oversight.
• Establishes a direct-relations test to determine if a conviction relates to the job, considering duties, risk of recidivism, time since offense, and similar factors.
• Provides certain exceptions where the act does not apply (e.g., specific bonding requirements, certain personnel in securities/banking, and law enforcement contexts), and notes the act does not override all other laws.
• Effective date is October 1, 2025.

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

Subjects

Labor & Employment