(a) Prior to the employment or appointment of a law enforcement officer, a law enforcement agency shall do all of the following:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $6,000
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 36-21-55.3

  • Conviction: A judgement of guilt against a criminal defendant.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Conduct a fingerprint-based state and national criminal background check that shall be completed by the Alabama State Law Enforcement Agency (ALEA) for purposes of determining suitability for employment or appointment.
(2) Review the current and prior law enforcement officer employment history confirmed through access of the information in the database as required by subsection (e) of Section 36-21-55.1.
(3) Review current and previous residential addresses of the law enforcement officer.
(4) Review reportable offenses, if any, against the law enforcement officer while appointed or employed with any other law enforcement agency confirmed through access of the information in the database as required by subdivision (a)(1) of Section 36-21-55.1.
(5) Review available social media accounts of the law enforcement officer.
(6) Review professional references provided by the law enforcement officer.
(7) Review disciplinary action as defined in Section 36-21-55 taken against the law enforcement officer while in secondary and postsecondary school confirmed by telephone or electronic or other means.
(8) Review a full report of the law enforcement officer’s credit history provided by the law enforcement officer.
(b) A law enforcement officer shall sign a written release authorizing a law enforcement agency to obtain the pre-employment check information listed in subsection (a).
(c) A law enforcement agency shall complete an investigation validating any additional information provided by the law enforcement officer.
(d)

(1) Results of the criminal background check received by the hiring or appointing law enforcement agency shall be confidential and may not be deemed a public record, disclosed to any individual beyond those with authorized access, or disclosed under the Alabama Open Records Act.
(2) The employing or appointing law enforcement agencies shall comply with rules of Alabama State Law Enforcement Agency and the Federal Bureau of Investigation regarding the use of criminal records. Any person who releases or discloses records in violation of these rules or subdivision (1), upon conviction, shall be guilty of a Class A misdemeanor.
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