HB 280 Summary

• Prohibits the State of Alabama, its agencies, and political subdivisions from inquiring about or considering an applicant's arrest or conviction history until after a conditional job offer has been made, except when a conviction is directly related to the position sought.

• Bars the use of arrest records not followed by conviction, sealed/dismissed/expunged convictions, and infractions or misdemeanors with no jail sentence in employment decisions.

• Requires employers to consider four factors when determining if a conviction relates to a position: the relation to job duties, whether the position creates opportunity for similar offense, likelihood circumstances will recur, and time elapsed since offense.

• Mandates the Department of Labor enforce the act, investigate complaints, conduct annual audits of state hiring practices, and requires employers to retain records for three years and maintain data on background check positions and applicants with conviction records.

• Becomes effective January 1, 2018, with carve-outs for positions requiring fidelity bonds and Alabama Securities Commission law enforcement personnel.