Alabama § 41-9-650.1 - Alabama Background Check Service - Background Check for Noncriminal Justice Purposes.

§ 41-9-650.1. Alabama Background Check Service - Background Check for Noncriminal Justice Purposes.

(a) For the noncriminal justice purposes specified in this section, ALEA may provide a background check to any of the following persons or entities:

(1) Any public or private employer to screen a prospective employee or contractor or for other employment purposes.

(2) Any government agency, board, or commission with legal authority to issue a license, permit, or certification to screen an applicant for the issuance or renewal of the license, permit, or certification.

(3) Any nonprofit or volunteer organization to screen a prospective or current volunteer of the organization.

(4) Any housing authority or lessor of rental property to screen a prospective or current resident.

(5) Any educational entity to screen student applicants, prospective or current volunteers involved with entity-related activities, or other individuals directly related to the operations or events of the entity and subject to the entity’s authority.

(6) Any agency or organization established by federal or state law for an official purpose of the agency or organization.

(7) Any person or entity authorized by the rules of the commission to obtain a background check for noncriminal justice purposes.

(b) Except as otherwise provided by law, an individual who is the subject of a background check for noncriminal justice purposes shall provide express permission for the release of information to the authorized person or entity requesting the check prior to ALEA’s dissemination of background check information. The subject’s express permission shall be maintained, physically or digitally, by the requesting person or entity for a period of three years or for the term of the subject’s association with the requester, whichever is longer.

(c) A background check may not be provided on any individual under 18 years of age without parental consent.

(d) Any person or entity that is authorized by state law to perform a background check or allowed by law to adopt rules requiring a background check is subject to the AJIC rules and ALEA procedures described in Section 41-9-650.

(e) The commission may require a person or entity to develop background check guidelines for the commission’s review and approval prior to allowing the release of background check information to that person or entity.

(f) Background check information may only be disseminated for the specific purposes listed in this section. No person or entity that has received background check information from ALEA shall subsequently disseminate the background check information to any other person or entity.

(g) Any recipient of a background check record may be subject to an audit by ALEA CJIS.