Agency to conduct criminal background checks for employers
While it is a good practice to utilize the state system to conduct a background check, what does the agency plan to do if the applicant is new to the state of Alabama? The state system does not include records from any other states. It also contains arrest records, which in it of themselves can cause an employer issues with the Fair Credit Reporting Act. I think that many employers miss this issue too when they rely simply on the state system, instead of contracting a third party background screening company to conduct a true county search based upon the residential history of the applicant.
The state agency that keeps criminal records in Alabama will conduct criminal background checks of employees or prospective employees for employers.
The Alabama Criminal Justice Information Center last week said it will conduct criminal background checks for qualified employers of prospective or current employees for $25 a search.
Alabama Criminal Justice Information Center spokeswoman Lynn Childs said Monday that employers will be required to get waivers from employees or applicants before criminal record searches can begin.
It is hoped the background checks will produce income and provide a service, Childs said.
“It’s a subscription service through the government (online) provider,” Childs said.
She said she did not know how much the state might make, but income will be shared with the Administrative Office of Courts and the Alabama Department of Public Safety.
Employment attorneys say background checks like drug testing are not discriminatory on their face, but employers shouldn’t use the checks to prevent someone who has been in trouble from trying to get back on his or her feet.
“We’re in the information technology age and you have to balance the employer’s right to know with the employee’s right to privacy,” said Tuscaloosa attorney Donnis Cowart, whose practice includes employment discrimination.
