With a background check, you can make a better judgement when it comes to a potential life partner, business partner, new neighbor, roommate, tenant or potential employee. The internet has made all this possible online. This article will guide you on an Alabama background check process. It will give you the methods and places where you can successfully perform a background check in the state.
Citizens of the United States can easily and quickly request public records thanks to the State of Alabama’s Public Records Law. You are not required to give a justification when requesting a public record.
Background Checks in Alabama
All 67 counties in Alabama began keeping records in the early 1900s. Most public records have been converted to digital format over the past 30 years. There are still some paper documents, though.
Although the state’s law has a good intention, its language is a little ambiguous and can cause some issues. Therefore, in order to give yourself the best chance of success, it is best to learn everything you can about the law.
You can ask for public records from all branches of government in Alabama, including court, criminal, inmate, and vital records.
It is crucial to realize that getting access to public and governmental records can take some time. You must be aware of the organization in charge of keeping the records and other data you require. The request must be made and the state’s response must be obtained over time.
Employment Background Check
Employers can use state-based criminal record checks as a useful tool to select candidates who are trustworthy, qualified, and safe. These background checks rely on databases or repositories of court documents, police reports, and other information on criminal proceedings that were developed and are maintained by the government. This database is kept up to date by the Alabama Law Enforcement Agency for the benefit of the state and a program called ABC, or the Alabama Background Check System. In order to use this system, a subject must submit fingerprint information before a background check can be completed.
Employers use background check products during the pre-employment process for a number of important reasons. In some circumstances, such as when hiring people to fill positions involving the supervision of minors or sizable sums of money, it is a legal issue. Other times, it comes down to exercising due diligence.
Employers use a criminal background check to better comprehend the background of a candidate, if an applicant has a history of crimes relevant to the position, don’t hire them, fulfill legal requirements
State Laws Governing Criminal Background Checks for Employment
Background check use by employers is constrained in many states, including by “ban the box” laws. There are no such laws in place in Alabama. A “ban the box” regulation only applies to internal hiring processes in one city, Birmingham. Otherwise, employers are free to obtain and review any criminal history records and base hiring decisions on that information.
Federal laws like the Fair Credit Reporting Act and the Civil Rights Act provide protections to citizens of Alabama.
The Fair Credit Reporting Act (FCRA)
A federal law known as the Fair Credit Reporting Act (FCRA) was passed in 1970. The FCRA, which was initially created to safeguard consumer rights when dealing with creditors, now contains guidelines and limitations on how employers can use background checks. These requirements include things like:
- Employers are required to inform candidates explicitly that a background check may be required.
- The check needs to have written permission from the employer.
- Employers are required to inform candidates before taking unfavorable action, provide a copy of the report, and give candidates enough time to contest the report, if necessary.
Alabama Background Check (ABC) System
Qualifying employers can access the most recent, comprehensive Alabama criminal records for current and potential employees through the Alabama Background Check (ABC) system, a secure web-based platform provided by the Alabama Law Enforcement Agency.
It costs about $95.00 per year to subscribe to the premium service offered by the Alabama Background Check system. There is a $15.00 fee for each Alabama Background Check ordered through this online form. You can send them an email at email@example.com for more information on subscribing.
Criminal penalties for felonies apply to anyone who knowingly requests, acquires, or attempts to acquire criminal offender record information under false pretenses. All transactions are tracked and recorded through ALEA. This and/or other ALEA systems will be aggressively prosecuted for any unauthorized or improper use.
This is an unofficial, free search of state records that yields results like:
- arrest history.
- vital documents.
- property documents.
- records from a background check, including housing history and bankruptcy records.
Since some smaller towns might not have digitized their records, these informally conducted background checks might be poor. These completely unofficial state background checks do not include certain records, including:
- Jail time for minors.
- federal prisons.
- incarceration in a county jail.
Criminal history records are what are referred to as official background checks in Alabama. Only potential employers, housing organizations, and the person whose records are being requested may obtain these for a fee.
These are some of the choices you have when it comes to an Alabama background check online. Familiarizing yourself with the laws that govern background checks in a particular state plays a major role in avoiding trouble with the law.