Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Alabama: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Alabama does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Alabama has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Alabama has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Under Alabama's REDEEMER Act, a person whose record has been expunged does not have to disclose the record on an application for employment, credit, or similar purposes, and the proceeding is treated as though it never occurred. The duty to disclose still applies to government regulatory or licensing agencies, banks and financial institutions, and utilities.
Salary History Ban
Alabama does not fully ban salary history questions. Under the Clarke-Figures Equal Pay Act, an employer may still ask about an applicant's wage history, but may not refuse to interview, hire, promote, or retaliate against an applicant because the applicant declined to provide it.
*Employers may ask about wage history but may not penalize an applicant for declining to answer.
Credit Report Restrictions
Alabama does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Alabama has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Alabama has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Alabama has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Alabama's medical marijuana law provides no employment protections for cardholders. Recreational marijuana remains illegal in Alabama.
Pre-Adverse Action Notice & Waiting Period
Alabama has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Alabama has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Alabama has no state law governing background check authorization. Employers follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare, Elder Care & Vulnerable Adult Screening
Alabama law requires a criminal history background check for employees and volunteers at child care facilities, adult care facilities, and child placing agencies, as well as for foster and adoptive parents, before hiring or approval. Certain convictions, including offenses against children or vulnerable adults, make an individual ineligible for these positions. Alabama is also one of the states with a background check law covering volunteers of non-school youth sports and recreational programs.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Alabama has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Alabama gives employers more flexibility than most states, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. If asking about salary history, never refuse to hire, promote, or retaliate against an applicant who declines to answer. Run the required ALEA criminal history check before hiring for any role with unsupervised access to children, the elderly, or people with disabilities. Do not ask about or consider expunged convictions in hiring decisions. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Medical marijuana card status does not need to be accommodated, and drug free workplace policies may still be enforced after hire.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Alabama Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Alabama law.