Can a dismissed charge show up on a background check in Alabama?

Yes, dismissed charges can appear on a background check for up to 7 years under the FCRA. After that, they should not be reported for employment purposes. You may also be eligible to petition for expungement of dismissed charges under Alabama's expungement law to remove them sooner.

Does Alabama have ban-the-box for private employers?

No. Alabama's ban-the-box policy only applies to state government employers under a 2015 executive order. Private employers can ask about criminal history at any stage of the hiring process, including on the initial job application.

Can I get my record expunged in Alabama?

Alabama allows expungement of certain records through a petition process. Eligible records include non-convictions, some misdemeanor convictions, and certain felony charges. You must meet specific waiting periods and eligibility requirements. This is not automatic — you must file a petition with the court and may benefit from working with a legal aid organization.

Do Alabama employers have to do an individualized assessment?

Alabama state law does not require employers to perform an individualized assessment before denying employment based on criminal history. However, the federal EEOC recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job. Some employers voluntarily follow this guidance.

Will a felony from 20 years ago show up on an Alabama background check?

Yes. In Alabama, felony convictions can be reported indefinitely. Even a conviction from decades ago may appear on a background check. If you are eligible for expungement, pursuing that process is the most reliable way to remove older records from your background check.

Does Alabama have a Clean Slate law?

No. Alabama does not have a Clean Slate law that automatically seals or expunges records. Expungement in Alabama requires filing a petition with the court. Advocacy groups continue to push for automatic record-clearing legislation, but as of 2026, no such law has been enacted.

Can an employer in Alabama run a background check without my consent?

Under the federal FCRA, employers must obtain your written consent before running a background check through a consumer reporting agency. If the employer decides not to hire you based on the results, they must follow the FCRA's adverse action process, including giving you a copy of the report and a chance to dispute inaccuracies.

Alabama Background Check Laws

No state lookback limitLast updated: 2026-04-01

In Alabama, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. Non-conviction records (dismissed charges, acquittals) are limited to seven years under the federal FCRA for employment screening purposes.

Overview

Alabama does not impose any state-level time limit on how far back a background check can report criminal convictions. This means that under the federal Fair Credit Reporting Act (FCRA), convictions can appear on a background check indefinitely, regardless of how long ago they occurred. Non-conviction records (arrests that did not lead to a conviction, dismissed charges, etc.) are limited to seven years under the FCRA. Alabama enacted an executive order in 2015 that removed the criminal history question from state government employment applications (ban-the-box for public employers), but there is no statewide ban-the-box law covering private employers. Private employers in Alabama generally have wide latitude to ask about and consider criminal history at any point during the hiring process. Alabama does not have a Clean Slate law providing automatic sealing or expungement of records. However, Alabama does allow expungement of certain non-conviction records and some misdemeanor offenses through a petition process. If you are seeking a fresh start in Alabama, understanding your rights under both federal and state law is an important first step.

How Far Back Does a Background Check Go in Alabama?

Record Type	Rule in Alabama
Felony Convictions	No time limit. Felony convictions may appear on background checks regardless of age.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment reports.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes

Alabama Governor Robert Bentley signed an executive order in 2015 directing state agencies to remove the criminal history question from initial job applications for state government positions. This does not apply to private employers or local government employers. Private employers in Alabama may ask about criminal history at any point in the hiring process, including on the initial application.

Effective: 2015

Clean Slate / Auto-Sealing

No Clean Slate law

Alabama does not have a Clean Slate law that automatically seals or expunges criminal records. However, Alabama Code § 15-27-1 et seq. allows individuals to petition for expungement of certain records, including non-convictions, some misdemeanors, and certain felonies after meeting specific requirements. This is a manual petition process, not automatic.

What Employers Can Do in Alabama

When can employers ask about criminal history?: Private employers can ask about criminal history at any point during the hiring process, including on the initial job application. State government employers must wait until after the initial application phase under the 2015 executive order.
What can they consider?: Employers in Alabama can generally consider any criminal conviction in making employment decisions. There is no state law requiring employers to evaluate the relevance of a conviction to the specific job. Federal EEOC guidance recommends individualized assessment, but it is not mandated by Alabama state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Alabama

Fair Credit Reporting Act (FCRA)(1970)
Federal law that limits reporting of non-conviction records to 7 years for employment screening. Convictions may be reported indefinitely. Applies in Alabama as the primary framework since no stricter state law exists.
Alabama Executive Order — Ban the Box (Public Employers)(2015)
Governor's executive order removing the criminal history question from initial state employment applications. Applies only to state government agencies, not private employers.
Alabama Expungement Law (Ala. Code § 15-27-1 et seq.)(2014)
Allows individuals to petition for expungement of certain criminal records, including non-convictions, some misdemeanors, and specific felonies after meeting eligibility requirements and waiting periods.

Frequently Asked Questions — Alabama

How far back does a background check go in Alabama?: In Alabama, there is no state-imposed time limit on reporting criminal convictions. Convictions — both felonies and misdemeanors — can appear on your background check indefinitely. Non-conviction records are limited to 7 years under the federal FCRA for employment screening.
Can a dismissed charge show up on a background check in Alabama?: Yes, dismissed charges can appear on a background check for up to 7 years under the FCRA. After that, they should not be reported for employment purposes. You may also be eligible to petition for expungement of dismissed charges under Alabama's expungement law to remove them sooner.
Does Alabama have ban-the-box for private employers?: No. Alabama's ban-the-box policy only applies to state government employers under a 2015 executive order. Private employers can ask about criminal history at any stage of the hiring process, including on the initial job application.
Can I get my record expunged in Alabama?: Alabama allows expungement of certain records through a petition process. Eligible records include non-convictions, some misdemeanor convictions, and certain felony charges. You must meet specific waiting periods and eligibility requirements. This is not automatic — you must file a petition with the court and may benefit from working with a legal aid organization.
Do Alabama employers have to do an individualized assessment?: Alabama state law does not require employers to perform an individualized assessment before denying employment based on criminal history. However, the federal EEOC recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job. Some employers voluntarily follow this guidance.
Will a felony from 20 years ago show up on an Alabama background check?: Yes. In Alabama, felony convictions can be reported indefinitely. Even a conviction from decades ago may appear on a background check. If you are eligible for expungement, pursuing that process is the most reliable way to remove older records from your background check.
Does Alabama have a Clean Slate law?: No. Alabama does not have a Clean Slate law that automatically seals or expunges records. Expungement in Alabama requires filing a petition with the court. Advocacy groups continue to push for automatic record-clearing legislation, but as of 2026, no such law has been enacted.
Can an employer in Alabama run a background check without my consent?: Under the federal FCRA, employers must obtain your written consent before running a background check through a consumer reporting agency. If the employer decides not to hire you based on the results, they must follow the FCRA's adverse action process, including giving you a copy of the report and a chance to dispute inaccuracies.

Alabama Resources

Alabama Legal Help
Free legal information and resources for Alabama residents, including expungement assistance and criminal record questions.
Alabama Board of Pardons and Paroles
State agency handling pardons and paroles. Can provide information about pardon certificates and restoration of rights.
Legal Services Alabama
Provides free civil legal assistance to low-income Alabamians, including help with expungement petitions.
Alabama Law Enforcement Agency (ALEA) — Criminal History
State law enforcement agency where you can request your own criminal history record to check for accuracy before an employer runs a background check.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Alabama for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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