An Employer’s Guide to Alabama Background Checks

An Alabama background check inspects an individual’s history. Employers conduct these checks to confirm a candidate’s identity and examine details relevant to the position, such as criminal, civil, and educational history.

Employers usually conduct background checks during the hiring process to ensure they recruit the ideal candidate. These checks include several search types that verify a candidate’s identity and assess their qualifications. These screenings emphasize an applicant’s credentials and provide valuable information beyond what is provided by a resume.

Employers also conduct background checks within their company, and more thorough searches are used based on the scope of the role. For example, managerial roles require more responsibility than entry-level positions, so managerial candidates undergo more extensive screenings.

Employers also conduct thorough checks to fill caring positions, such as EMS personnel, caregivers, and first responders. Individuals working with vulnerable populations, such as children or the elderly, must be extensively vetted to protect those communities.

A thorough background check program promotes a safe workplace, reduces risk, and upholds an organization’s reputation. Alabama employers must conduct the appropriate searches for the given roles within their industry to hire qualified personnel. Common search types include criminal and civil history, education and identity verification, and pre-employment drug testing.

Alabama background checks reveal information based on the search type conducted. Searches include criminal and civil records checks, education and employment verification, and credit history reviews.

• Criminal History: Criminal history checks reveal the details of an individual’s pending criminal cases and convictions, including the offense date, type, and severity. Employers don’t rule out applicants with a criminal record, but it can influence hiring decisions.
• Civil Court Check: Civil court checks show an individual’s lawsuits, foreclosures, restraining orders, and other civil cases. Employers typically use these checks to fill financial and managerial roles.
• Education Verification: Education verification confirms an individual’s past schools, including names, addresses, contact information, attendance dates, and certificates awarded. These checks reveal a candidate’s honesty about their education.
• Employment Verification: Employment verification confirms an individual’s past employers, including their names, addresses, contact information, employment dates, and positions held. This type of check may reveal employment gaps or omitted employers.
• Credit Background Check: Credit background checks show an individual’s credit history, including payment history, accounts in collection, and bankruptcies. Employers often use these screenings for positions requiring financial responsibility.
• Identity Verification: Identity verification confirms an individual’s name, address, Social Security number, and date of birth. ID checks ensure applicants are who they claim to be and prevent identity theft. They’ll also reveal if a stolen identity was used to apply for the position.
• SSN Trace: Social Security number (SSN) traces search a proprietary database containing prior names, addresses, and birth dates linked with the SSN provided. These checks produce an address history for the candidate and reveal potential alias names and birth dates. The SSN trace uses non-confidential header information, which is recorded every time an individual uses their SSN, such as for loans, mortgages, utilities, credit cards, etc. These screenings are identification tools, not consumer reports, and should not be considered when hiring.
• Professional License Verification: Professional license verification shows the issue date, license type, expiration date, and validity of an individual’s professional license. Employers use this screening to fill positions requiring specific credentials. These searches confirm qualifications and prevent negligent hiring claims.
• Motor Vehicle Records Check: Motor vehicle records (MVR) checks reveal an individual’s driver’s license information, traffic violations, and points or suspensions. Employers use these checks to fill positions requiring vehicle operation. They show a candidate’s driving record and ensure they are qualified and insurable.
• Sex Offender Registry Check: Sex offender registry checks disclose if an individual is a registered sex offender at the time of the search. These checks reveal the offender’s aliases, address, conviction state, and physical features. Employers use these screenings to fill positions working with vulnerable populations, such as children.
• Pre-Employment Drug Test: Employers implement pre-employment drug testing to promote a safe workplace. These screenings commonly consist of a 5-panel drug test that detects amphetamines, cocaine, opiates, PCP, and THC in the applicant’s urine. These tests reveal the candidate’s recent drug use. They cannot show if they have or will abuse substances.
• Social Media Check: Social media checks examine an individual’s behavior outside of a work environment. While not typically included in screening programs, employers may conduct these searches to obtain a more relaxed view of applicants.

Background checks may extend seven years into a candidate’s history for civil lawsuits, judgments, liens, collection accounts, and arrests, per the Fair Credit Reporting Act (FCRA). Bankruptcies cannot be reported after ten years.

The seven-year lookback period only applies to jobs offering less than $75,000 a year. For positions offering greater salaries, employers can view reports since the applicant turned eighteen. Employment, education, and professional license records have no access restrictions.

The amount of time it takes to yield background check results depends on the type and extent of a search. For instance, a federal criminal history check may take a day to complete, while a more exhaustive state and county-level screening may take a few days.

Conducting background checks yourself can extend the process significantly. Although online databases can be accessed relatively easily, contacting past employers, sifting through court records, and cross-referencing information can be very tedious for your HR team.

Streamline the screening process with a reputable consumer reporting agency. ScoutLogic provides an extensive background check program that yields efficient and up-to-date results while adhering to legal requirements.

Criminal history checks

A criminal history check’s turnaround time depends on the search extent and the jurisdictions involved. Federal-level searches may be done in less than 24 hours, but employers often include state and county-level checks for a more thorough and up-to-date view of an applicant’s history. These checks can take several days to complete.

Multiple jurisdictions and international searches can slow the process even more. Record digitization and court efficiency can accelerate turnaround times.

Employment verification

Employment verification can yield results in seconds if the candidate’s employment background is stored on The Work Number. Otherwise, the screening generally takes one to three business days to verify information manually. Turnaround times depend on a past employer’s urgency to respond, the extent of the candidate’s work history, and whether international employment is involved.

Education verification

Education verification turnaround times range from a few minutes to a few days. Records stored in the National Student Clearinghouse can be accessed within minutes, but information that hasn’t been digitized must be accessed directly from the candidate’s past schools. Contacting past institutions and confirming information can take a few days, depending on the institution’s response times.

Motor Vehicle Records check

MVR checks can be completed within minutes if the records are digitized. If they are not, employers must submit an MVR check request by mail, which can take weeks. The Alabama Law Enforcement Agency (ALEA) holds driving records online.

Drug testing

Drug test results depend on the type administered and the lab’s processing times. Rapid tests can yield results within a few hours, but more extensive tests take one to three business days to return results. A positive test result can further elongate the process, as it typically requires administering a second test.

Federal, state, and county laws determine how Alabama employers navigate background checks. Some employers must implement screening programs by law, while others do so to uphold a safe and efficient workplace. Alabama employers must be familiar with the applicable laws and regulations before conducting background checks.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that applies to credit reporting agencies (CRAs) providing information for employment background checks. Enforced by the Federal Trade Commission (FTC), the FCRA protects consumer privacy by limiting the information reported by CRAs.

Under the FCRA, CRAs cannot report protected information in background check reports for positions offering less than $75,000 a year. Protected information includes arrests without convictions, civil lawsuits, liens, and judgments older than seven years. Bankruptcies older than ten years cannot be reported. The FCRA does not restrict positions offering a salary of more than $75,000.

CRAs can provide all other information about an applicant. Alabama employers working with a CRA to implement background checks must follow FCRA guidelines. Employers must notify candidates of their intent to perform a background check and receive their consent.

The FTC also guides employers on dealing with negative details found on a background check. Employers must complete the adverse action steps and provide candidates with their FCRA rights before turning down employment based on the background check results.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law enacted by the Equal Employment Opportunity Commission (EEOC) that restricts discrimination against candidates based on race, color, sex, religion, or national origin. The EEOC also guides employers on handling arrest and conviction information reported on screening results.

Per EEOC guidelines, employers must evaluate criminal records individually and relate them to the job description before refusing employment based on background check results.

REDEEMER Act

The Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act (REDEEMER Act) allows individuals with particular misdemeanor or felony convictions to petition the court for expungement. Applicants do not have to disclose expunged records to prospective employers and can legally deny being convicted of a crime. Disclosing an expunged conviction without a court order may be grounds for a misdemeanor.