Alabama Background Check Laws (2026 Guide)

Alabama has fewer state-level restrictions on background checks than most states. Employers in Alabama rely primarily on federal law, including the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act, when screening job applicants and employees. Understanding how these federal rules interact with Alabama-specific statutes is critical for employers, landlords, licensing boards, and job seekers alike.

This guide covers Alabama's current background check framework, including employer obligations, reporting limits, expungement protections, housing and licensing checks, and recent legislative developments through 2026.

Who Runs Background Checks in Alabama?

The Alabama Law Enforcement Agency (ALEA) operates the Alabama Background Check system, a secure online portal that allows qualifying employers and agencies to access Alabama criminal history records.

Individuals can also request their own criminal history records through ALEA by submitting:

• A completed Application to Review Alabama Criminal History Record Information
• Current photo identification
• Fingerprints on an FBI-approved card
• A payment of $25 (money order or cashier's check), with additional copies costing $5 each

Requests can be submitted in person at ALEA headquarters (301 S. Ripley Street, Montgomery, AL 36104) or by mail to PO Box 1511, Montgomery, AL 36102-1511.

For national criminal history checks, ALEA forwards fingerprints to the FBI. This is required for many licensed professions and positions involving vulnerable populations.

FCRA Requirements for Alabama Employers

The Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau, governs how employers in Alabama use background check reports obtained through consumer reporting agencies (CRAs).

Before Conducting a Background Check

Employers must:

• Provide the applicant a standalone written disclosure that a background check will be conducted
• Obtain the applicant's written authorization before requesting the report
• Certify to the CRA that the employer will comply with all FCRA requirements

Before Taking Adverse Action

If an employer plans to deny employment based on background check results, the FCRA requires a two-step adverse action process:

1. Pre-adverse action notice: Provide the applicant with a copy of the report and a summary of FCRA rights before making a final decision
2. Final adverse action notice: After allowing reasonable time for the applicant to respond, send a written notice that includes the CRA's name and contact information, a statement that the CRA did not make the employment decision, and notice of the applicant's right to dispute the report

Failure to follow these steps can result in federal lawsuits and statutory damages of $100 to $1,000 per violation under 15 U.S.C. § 1681n.

How Far Back Can Background Checks Go in Alabama?

Alabama does not impose its own time limit on criminal background check reporting. The state follows the federal FCRA lookback rules, which vary based on the type of record and the salary of the position.

The FCRA 7-Year Rule

Under the FCRA, consumer reporting agencies cannot report the following information if it is more than seven years old:

• Arrests that did not result in a conviction
• Civil lawsuits and civil judgments
• Paid tax liens
• Collection accounts

What Can Be Reported Beyond 7 Years

Several categories of information are exempt from the 7-year restriction:

Record Type	Reporting Limit
Criminal convictions	No limit (reportable indefinitely)
Bankruptcies	10 years
Employment history	No limit
Education records	No limit

The $75,000 Salary Threshold

The FCRA's 7-year limit on non-conviction records only applies to positions with an expected annual salary of less than $75,000. For positions paying $75,000 or more, CRAs may report all non-conviction adverse information regardless of age, going back to when the applicant turned 18.

This threshold is set by 15 U.S.C. § 1681c(b)(3) and applies uniformly across all states, including Alabama.

Ban the Box in Alabama

Alabama does not have a statewide Ban the Box or fair chance hiring law. Private employers across the state may legally ask about criminal history on initial job applications and at any stage of the hiring process.

Birmingham's Local Ordinance

The City of Birmingham is the only jurisdiction in Alabama with a Ban the Box policy. In 2016, Mayor William Bell signed an executive order that:

• Removed criminal history questions from City of Birmingham job applications
• Delays background check inquiries until later in the hiring process
• Applies only to city government positions, not private employers

The Birmingham ordinance was announced in partnership with the U.S. Attorney's Office for the Northern District of Alabama and modeled on the federal Fair Chance Act. However, it has no enforcement mechanism for private sector employers.

Federal Fair Chance Act

Under the Fair Chance to Compete for Jobs Act of 2019, federal agencies and federal contractors cannot request criminal history information before making a conditional offer of employment. This applies to federal jobs located in Alabama but does not extend to state or private employers.

Alabama Expungement Law (The Redeemer Act)

Alabama's expungement framework is codified in Ala. Code § 15-27-1 through § 15-27-15. The law was significantly expanded by the Alabama Redeemer Act (Act 2021-482), effective July 1, 2021, and further amended by Act 2024-407, effective October 1, 2024.

Who Can File for Expungement

Non-Conviction Records (Misdemeanor and Felony)

A person may petition for expungement when charges were:

• Dismissed with prejudice (90-day waiting period)
• No-billed by a grand jury (90-day waiting period)
• Resulted in acquittal (90-day waiting period)
• Nolle prossed without conditions (90-day waiting period)
• Dismissed after completing drug court, mental health court, or veteran's court (1-year waiting period)

For charges dismissed without prejudice:

• Misdemeanors: Eligible after 1 year if not refiled and no convictions in the prior 2 years
• Felonies: Eligible after 5 years if not refiled and no convictions in the prior 5 years

Conviction Records

• Misdemeanor convictions: Eligible after 3 years from conviction date, provided all probation, parole, fines, restitution, and court-ordered payments are complete
• Felony convictions: Require a certificate of pardon with restoration of civil and political rights from the Board of Pardons and Paroles, plus a 180-day waiting period after issuance

Offenses That Cannot Be Expunged

The following categories are permanently excluded from expungement:

• Sex offenses (rape, sodomy, child exploitation, trafficking involving sexual servitude)
• Violent offenses (capital murder, manslaughter, robbery, domestic violence in the first and second degree)
• Crimes of moral turpitude (felony theft, drug trafficking)
• Serious traffic offenses (DUI, BUI, reckless driving, vehicular homicide)
• Commercial vehicle violations under 49 C.F.R. § 383.51

Exception: Victims of human trafficking may petition for expungement of otherwise excluded convictions related to their trafficking.

Filing Limits

Record Type	Maximum Expungements
Dismissed cases (non-diversion)	Unlimited
Misdemeanor convictions	Two per lifetime
Diversion program dismissals	Two per lifetime
Felony convictions	One per lifetime
Human trafficking victims	Unlimited

One filing covers all charges arising from a single arrest.

Filing Fee

The administrative filing fee is $500 under Ala. Code § 15-27-4. This fee can be waived upon a finding of indigency through an Affidavit of Substantial Hardship. The fee was increased from $300 by Act 2024-407.

Effect on Background Checks

Once a court grants an expungement order, the proceedings are "deemed never to have occurred" under Alabama law. This means:

• Expunged records cannot appear on background check reports
• Applicants may legally answer "no" when asked about expunged charges or convictions
• Employers and CRAs are prohibited from accessing or reporting expunged records
• Violations may result in civil liability

Arrest Record Restrictions

Alabama does not have a standalone statute prohibiting employers from asking about arrests. However, several protections exist at the federal level:

• FCRA: Arrests that did not lead to conviction cannot be reported by CRAs after 7 years (or at any salary level if the position pays $75,000 or more)
• EEOC Guidance: The EEOC's 2012 Enforcement Guidance states that using arrest records as an automatic disqualifier is not job-related and consistent with business necessity. Employers may consider the conduct underlying an arrest but not the arrest itself.
• Title VII Disparate Impact: Blanket policies excluding applicants based on arrest records are likely to have a disparate impact on Black and Hispanic applicants and may violate Title VII unless the employer can demonstrate business necessity

Employer Background Checks for Vulnerable Populations

Alabama mandates criminal history checks for specific employer categories under Ala. Code § 38-13-3. This statute requires fingerprint-based state and national background checks for:

• Employees and volunteers of child care facilities
• Staff at adult care facilities
• Department of Human Resources employees with unsupervised access to children, the elderly, or individuals with disabilities
• Child placing agencies and their employees
• Any entity receiving subsidized child care funds

Consequences of Non-Compliance

Under Ala. Code § 38-13-3, any person who fails or refuses to provide written consent or submit fingerprints for the background check:

• Cannot be employed in a covered position
• Cannot perform volunteer work with the covered population
• Cannot be approved for or retain a license to operate a care facility

State Employee Background Checks

Under Ala. Code § 41-27-10, state departments and agencies that handle federal tax information must conduct criminal history background checks on all employees and contractors with access to that information. These checks include both state (ALEA) and national (FBI) criminal history record searches, and each department must establish policies defining which convictions would disqualify an individual from access.

Housing and Tenant Screening

Alabama does not have a statewide fair housing law that restricts landlord use of criminal background checks. Landlords and property managers may screen tenants using criminal history, credit reports, and eviction records.

However, landlords must follow these rules:

• FCRA compliance: Written consent from the applicant is required before running any background check
• Adverse action notices: If denying a rental application based on screening results, landlords must provide the same pre-adverse and final adverse action notices required of employers
• Fair Housing Act: Under HUD's 2016 guidance, blanket policies that deny housing based on any criminal history may violate the Fair Housing Act if they have a disparate impact based on race or national origin
• No automatic denials for arrests: Landlords should not automatically deny applicants based on arrest records that did not result in conviction

Alabama does not cap tenant screening fees. Most landlords charge between $30 and $50 per adult applicant.

Professional Licensing Background Checks

Many Alabama professional licensing boards require fingerprint-based criminal background checks as part of the application process. These checks are conducted through ALEA and may include both state and FBI national searches.

Each licensing board establishes its own policy for which convictions may prevent licensure. Commonly affected professions include:

• Healthcare workers (nurses, emergency medical technicians, physicians)
• Teachers and education professionals
• Real estate agents and brokers
• Accountants and financial professionals
• Contractors and tradespeople

The cost for an ALEA background check for licensing purposes is $25 per report.

Clean Slate Status in Alabama

Alabama does not currently have a Clean Slate law providing for automatic expungement or sealing of criminal records. Unlike states such as Pennsylvania, Utah, and Michigan that have enacted automatic record-clearing statutes, Alabama requires individuals to actively petition the court for expungement through the process described above.

Any future Clean Slate legislation would need to pass through the Alabama Legislature. As of early 2026, no such bill has been introduced.

Recent and Pending Legislative Changes (2024 to 2026)

Act 2024-407 (Effective October 1, 2024)

This amendment to the expungement statute made two significant changes:

• Increased filing fee from $300 to $500 under Ala. Code § 15-27-4
• Made the fee waivable upon a finding of indigency through an Affidavit of Substantial Hardship (previously, the fee was explicitly non-waivable)

HB513 (2025 Session, Did Not Pass)

This bill would have established the Alabama Background Check Service for noncriminal justice purposes and created the Alabama Rap Back Program, which would provide ongoing notifications when individuals with registered fingerprints are arrested or convicted. The bill passed the House 97-0 in April 2025 but died in the Senate.

SB118 (2026 Session, Pending)

Senator Bell reintroduced the background check modernization bill in the 2026 regular session. SB118 contains similar provisions to the 2025 HB513:

• Establishes the Alabama Background Check Service within ALEA for noncriminal justice employment screening
• Creates the Alabama Rap Back Program allowing employers to receive ongoing criminal history notifications
• Authorizes ALEA to charge up to $12 per year per enrolled individual for Rap Back services
• Requires law enforcement to collect biometric identifiers (fingerprints, photographs, palm prints) upon arrest

The bill was engrossed in the Senate and is pending in the House Judiciary Committee as of early 2026. If enacted, it would take effect October 1, 2026.

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