Brian Lyman

Montgomery Advertiser

The Alabama Senate on Thursday approved a bill that would prevent public employers from asking about job applicants’ prior criminal histories on job applications.

The bill, sponsored by Senate Minority Leader Quinton Ross, D-Montgomery, passed the chamber 17 to 9. It goes to the House of Representatives. In the Montgomery County delegation, Ross and Sen. Dick Brewbaker, R-Pike Road, voted for the measure.

Ross characterized the legislation as part of the state's efforts at prison reform.

"We’ve seen studies that have shown this type of legislation can cut down on recidivism rates in our penal system," he said. "We’ve seen it help our unemployment rate because people are able to interview for a job and get a job."

Ross’ legislation, known as a “Ban the Box” measure, aims at allowing those with criminal records to find employment and reintegrate into society. The bill prevents the state’s agencies from inquiring into an applicant’s criminal history until they tender a conditional job offer.

In addition, employers could not use arrests without conviction; convictions sealed, dismissed or expunged or infractions or misdemeanor convictions without jail time to deny employment.

Supporters say the legislation will help individuals and the places where they live.

"Recidivism rates are reduced when individuals are able to successfully reenter their communities," Frank Knaack, executive director of Alabama Appleseed, which supports the bill, said in a statement. "By removing the criminal background box from state employment applications, individuals seeking state employment have an honest shot at securing a job."

Ross’ bill exempts law enforcement agencies from the measure, as well those applying for work handling confidential information for the Alabama Securities Commission.

State agencies could deny employment based on criminal history, but only if the conviction is “directly related to the position of employment sought,” the length of time since the conviction and whether it would give the opportunity for the crime to occur again.

Agencies could tell applicants in writing what federal or state laws might prevent individuals with certain convictions from getting jobs.

The bill passed after a short debate in which Sen. Paul Sanford, R-Huntsville, raised concerns about the measure leading to lawsuits.

Ross’ bill will have to move fast to have hopes of passage. There are only four days left in the legislative session.

"I’m hopeful enough people . . . will call their House members and ask them to put that piece of legislation in the committee," Ross said.