Alabama Background Check Laws (2026 Guide)

Background checks in Alabama are governed primarily by the federal Fair Credit Reporting Act (FCRA), as Alabama has no statewide ban-the-box law for private employers. Criminal convictions may be reported indefinitely, while non-conviction records are limited to seven years for positions paying under $75,000 annually.

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.

This Process Changes on October 1, 2026

The $25 record fee and the consent-based release process described above come from Ala. Code § 32-2-61, which Act 2026-374 repeals effective October 1, 2026. The Alabama Code now stamps that section, and the rest of Article 4 of Chapter 2 of Title 32, with the notice that it was repealed by Act 2026-374 effective October 1, 2026.

From that date the Alabama Background Check Service in Ala. Code §§ 41-9-650.1 to 41-9-650.5 governs instead. Under § 41-9-650.3, the ALEA secretary may set a record fee of up to $30 per report and may waive it at his or her discretion. A requester may also owe the FBI's cost for a national check, financial transaction fees, and a reasonable one-time account registration fee.

Section 41-9-650.2 also adds a second way to search. A name-based search is submitted through an Internet web portal or another commission-approved mechanism and returns state records only. A biometric-based search still requires fingerprints or other biometrics and returns state records plus other state and federal information allowed by law.

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:

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.

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

One filing covers all charges arising from a single arrest.

Filing Fee

The administrative filing fee is $500 under Ala. Code § 15-27-4(a). The fee can be waived upon a finding of indigency through an Affidavit of Substantial Hardship under § 15-27-4(c). Both the $500 amount and the indigency waiver date from Act 2021-286, not from any 2024 legislation.

A petitioner seeking to expunge several charges arising from a single arrest pays one filing fee. A petitioner seeking expungement of charges from multiple arrests pays a filing fee for each arrest.

Effect on Background Checks

Once a court grants an expungement order, the proceedings are "deemed never to have occurred" under Alabama law. For an ordinary employment or tenant screening this means:

• Expunged records generally cannot appear on background check reports
• Applicants may legally answer "no" when asked about expunged charges or convictions
• Violations may result in civil liability

Who Can Still See an Expunged Record

Expungement in Alabama is not absolute. Subject to Ala. Code § 15-27-16, both § 15-27-1(c)(1) and § 15-27-2(d) expressly allow expunged records to be disclosed to:

• A criminal justice agency, district attorney, or prosecuting authority for criminal investigation purposes as provided in § 15-27-7
• A utility and its agents and affiliates
• The Department of Human Resources, for investigation or assessment in order to protect children or vulnerable adults
• Any entity or service providing information to banking, insurance, and other financial institutions as required by state and federal law

Charges that are expunged or pending expungement also remain available to any attorney, officer of the court, or the court itself in civil matters related to those charges, with the references redacted once the expungement is granted.

The practical result is that anyone applying to a utility, to a bank or insurer, or to a position screened by the Department of Human Resources should expect that an expunged record may still be visible to that recipient, even though it will not show up on a routine employment background check.

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.

From October 1, 2026, Ala. Code § 41-9-650.1(a)(4) expressly lists a housing authority or a lessor of rental property among the requesters that may obtain a background check from ALEA for a prospective or current resident.

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 through September 30, 2026. From October 1, 2026, Ala. Code § 41-9-650.3 caps the record fee at $30 per report, waivable by the ALEA secretary, with the FBI's national check cost, financial transaction fees, and a one-time account registration fee charged separately.

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.

Recent Legislative Changes (2024 to 2026)

The Expungement Filing Fee Came From Act 2021-286

The $500 administrative filing fee in Ala. Code § 15-27-4(a) and the Affidavit of Substantial Hardship waiver in § 15-27-4(c) both come from Act 2021-286. The official history line for § 15-27-4 reads "(Act 2014-292, p. 1043, §4; Act 2021-286, §2.)" and shows no later amendment to that section.

Act 2024-407 is a real 2024 expungement act, but it amended Ala. Code § 15-27-1, not the filing-fee section. Sources that credit the $500 fee or the indigency waiver to a 2024 act are mistaken.

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 did not become law in the 2025 session.

Act 2026-374 (SB118), Effective October 1, 2026

SB118 is now law. The enrolled act certifies that it originated in and passed the Senate on February 3, 2026, that the House of Representatives amended and passed it on March 17, 2026, and that the Senate concurred in the House amendment on April 1, 2026. Section 4 of the enrolled act provides that "This act shall become effective on October 1, 2026." The Code of Alabama carries the new sections with the history line "(Act 2026-374, §2.)"

Act 2026-374:

• Establishes the Alabama Background Check Service within ALEA for noncriminal justice purposes, codified at Ala. Code §§ 41-9-650.1 to 41-9-650.5, covering employer, licensing-board, volunteer-organization, housing, and educational-entity screening
• Creates the Alabama Rap Back Program, so a participating entity receives ongoing criminal history notifications about individuals it has enrolled
• Authorizes ALEA to assess an annual fee of up to $12 per individual enrolled in the Rap Back Program, payable by the participating entity
• Caps the background check record fee at $30 per report under § 41-9-650.3, waivable by the ALEA secretary, with the FBI national check cost, transaction fees, and a one-time registration fee charged on top
• Adds a name-based search through an Internet web portal, returning state records only, alongside the biometric search that returns state and federal results
• Requires the subject's express permission before ALEA releases a noncriminal-justice background check, with that permission kept for three years or the length of the association, whichever is longer, and bars the recipient from passing the report on to anyone else
• Amends Ala. Code §§ 41-9-590, 41-9-594, 41-9-625, and 41-9-650 to mandate the collection and dissemination of biometric identifiers by certain entities
• Repeals Article 4 of Chapter 2 of Title 32 (Ala. Code §§ 32-2-60 to 32-2-63), the article that currently governs consent-based release of ALEA criminal history information and sets the $25 fee

Employers, landlords, licensing boards, and volunteer organizations that order Alabama background checks should expect new fee schedules, a new web portal option, and new express-permission recordkeeping obligations starting October 1, 2026.

More Alabama Laws

• Alabama Expungement Laws
• Alabama Landlord-Tenant Laws
• Alabama At-Will Employment Laws