AL SB198

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 is made, except when a conviction is directly related to the position sought.

Bars use, distribution, or dissemination of arrests without convictions, 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 is directly related to a position: the conviction's relation to job duties, opportunity for similar offense, likelihood of recurrence, and time elapsed since the offense.

Mandates employers maintain records for a minimum of three years including application forms, employment records, and background check data, and requires Department of Labor access for monitoring compliance.

Designates the Department of Labor as enforcement agency, requires annual audits of state hiring practices, and mandates written notification to applicants before denying employment based on conviction history.

Exempts positions requiring fidelity bonds, Alabama Securities Commission and Banking Department personnel with access to confidential information, and law enforcement agencies from these requirements.

Becomes effective January 1, 2019.