1. (1) All reports of criminal history background investigations received by the Department of Human Resources from the Alabama Law Enforcement Agency and arrest history background investigations from local law enforcement agencies shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection.
2. (2) All criminal and arrest history background investigation information reports shall be excluded from any requirement of public disclosure as a public record.

3. (3) Without additional public disclosure, the following release of the criminal and arrest history background information reports shall not be construed to violate this section:

   1. (a) Showing the report to the applicant or current employee.
   2. (b) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee.
   3. (c) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court.
   4. (d) Use of the report in preparation, investigation, and presentation during a criminal prosecution, or in any administrative proceeding involving the challenge to a suitability determination.
   5. (e) Release to anyone with the written consent of the employee or applicant.
4. (4) Nothing in this chapter shall be construed to prohibit the distribution of employment information to an interested party.

Author: Clifford Smith

Statutory Authority: Code of Ala. 1975, §§41-27-10; 26 U.S.C. §6103(p)(4)(C); P.L. 92-544.

History: New Rule: Published September 30, 2021; effective November 14, 2021.