Agency to conduct criminal background checks for employers

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.

Florence lawyer Henry F. Sherrod III, who practices employment law across north Alabama, said criminal background information is available from a variety of existing sources, but the Alabama Criminal Justice Information Center may just be handier.

He said using a background service isn't discriminatory, but selectively using information to deny certain people jobs could be.

"The information is out there, but it's up to employers to use their judgment in evaluating people who have made mistakes in their lives," Sherrod said.

Employee background checks, like drug screening, could be self-excluding for someone who doesn't want to list his or her criminal record for fear it will hurt a job chance.

Cowart advises clients to try to get criminal records expunged, get a pardon or be prepared to show a prospective employer that their debt to society has been paid.

"They don't want someone to disqualify them for some conviction five years ago," Cowart said.

Childs said the Alabama Background Check system also requires an annual access fee of $75. Qualifying employers can get Alabama felony, misdemeanor arrest and court conviction records.

Criminal background information is normally available only to law enforcement agencies, said Alabama Criminal Justice Information Center Director Maury Mitchell.

"An exception in Alabama law allows our agency to also provide this information to employers or prospective employers," he said.

An employee or prospective employee who is confused with someone of the same name with a criminal record will have the opportunity to dispute erroneous results, Childs said.

For details, go to online to background.alabama.gov.

Dana Beyerle can be reached at (334) 264-6605 or dtb12345@aol.com.