1. (1) A person convicted of the following actions under this chapter shall be guilty of a Class A misdemeanor:

   1. (a) Violating the confidentiality of records.
   2. (b) Violating lawfully adopted policies pursuant to this chapter.
   3. (c) Knowingly, willfully, and intentionally making or transmitting a false or misleading report or information concerning past convictions as required under this chapter.
   4. (d) Knowingly, willfully, and intentionally failing to report subsequent convictions as required by this chapter.
2. (2) A current employee of the Department of Human Resources who knowingly submits false information concerning past convictions on an application for employment or other form required for disclosure of criminal convictions may be subject to disciplinary action, up to termination of employment.
3. (3) An applicant for employment who knowingly submits false information concerning past convictions on an application for employment or other form required for disclosure of criminal convictions may not be employed with the Department of Human Resources and a request may be made by the Department of Human Resources to the State Personnel Department for the applicant to be removed from the employment register.

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.