Bottom Line for Alabama Nonprofits
- ✓Volunteers in positions with unsupervised access to children, elderly, or persons with disabilities in DHR-contracted entities, childcare, adult care, and child placing agencies (§ 38-13-3)
- ✓Volunteers at youth sports and athletic organizations (non-school associated) — one of 13 states with this requirement
- ✓Volunteers at faith-based, nonprofit, and for-profit youth residential organizations with unsupervised contact with children
- +1 more covered roles below
State Laws That Apply to Volunteer Background Checks
Alabama Code § 38-13-3 — Background Check Requirement
Ala. Code § 38-13-3 (2024)Requires criminal history background information checks for applicants, employees, and volunteers in positions requiring unsupervised access to children, the elderly, or persons with disabilities as an essential function. Applies to employers under contract with DHR, child care facilities, adult care facilities, and child placing agencies.
Alabama Code § 38-13-4 — Mandatory Notice and Suitability
Ala. Code § 38-13-4 (2025)Specifies mandatory criminal history check notice requirements, suitability determination standards, and the obligation for volunteers to self-report any subsequent criminal convictions after their initial background check is completed.
Who Must Be Screened in Alabama
!Legally Required to Be Screened
- •Volunteers in positions with unsupervised access to children, elderly, or persons with disabilities in DHR-contracted entities, childcare, adult care, and child placing agencies (§ 38-13-3)
- •Volunteers at youth sports and athletic organizations (non-school associated) — one of 13 states with this requirement
- •Volunteers at faith-based, nonprofit, and for-profit youth residential organizations with unsupervised contact with children
- •Mentors and tutors in DHR-affiliated programs
Types of Background Checks Required in Alabama
How to Get Background Checks in Alabama
$5 per check — includes national criminal database, sex offender registry across all 50 states, SSN trace, and FCRA Certified Compliance Team review.
Start Free Today →Volunteer Screening in Alabama: What You Need to Know
Alabama's Title 38, Chapter 13 is unusually broad in explicitly naming volunteers alongside employees and applicants, and specifically covering both youth and elderly/disabled care — one of few Southern states to do so comprehensively. Alabama is one of 13 states requiring background checks for youth sports volunteers outside of school settings, making it stricter than most surrounding states for recreational league coaches and team managers. Alabama also explicitly requires volunteers at youth residential facilities (including faith-based organizations) to clear a background check before any unsupervised contact. The state has no FCRA analog at the state level; federal FCRA governs all consumer report-based checks. Volunteers must self-report subsequent convictions after their initial check — unusual ongoing obligation.
Compliance Tips for Alabama Nonprofits
- 1
Alabama's ongoing self-reporting requirement (§ 38-13-4) is legally binding — build a volunteer agreement clause that mirrors the statute, requiring volunteers to immediately notify the organization of any criminal conviction occurring after their initial background check.
- 2
For youth sports leagues, Alabama's requirement applies whether your organization is affiliated with a school or not — recreational coaches, board members, and team managers with unsupervised athlete contact all require ALEA fingerprint checks.
- 3
Submit ALEA background check requests within five business days of a volunteer beginning service — the statute sets this deadline for employers and it applies to volunteer-serving organizations equally.
- 4
Volunteers with physical disabilities preventing fingerprinting (loss of both hands, closed paralytic hands, severe scarring of all fingers) are exempt from the fingerprint requirement — document this with a physician's statement and rely on the name-based check alternative.
- 5
Disqualifying convictions under § 38-13 are broader than many nonprofits realize — they include drug distribution convictions and crimes against persons with disabilities, not just violent felonies. Review the disqualifying offense list with legal counsel before making suitability determinations.
Frequently Asked Questions
Does Alabama Code § 38-13-3 — Background Check Requirement apply to my nonprofit?
Alabama law applies to nonprofits with volunteers working in covered roles — typically involving direct, unsupervised contact with children, elderly individuals, or vulnerable adults. Alabama Code § 38-13 (Chapter 13 of Title 38) establishes one of the broadest state volunteer background check laws in the region, applying to volunteers with unsupervised access to children, the elderly, or persons with disabilities in employers, child care facilities, adult care facilities, and child placing agencies.
What happens if we skip background checks in Alabama?
Failing to screen volunteers in Alabama can expose your organization to negligent supervision liability, loss of insurance coverage, and — in sectors with mandatory requirements — regulatory penalties. Under the federal FCRA, running checks without proper procedures also creates compliance risk.
How long does a Alabama volunteer background check take?
Alabama Law Enforcement Agency (ALEA) — State Bureau of Investigation (SBI) / Criminal Justice Information Center (CJIC) processes all state fingerprint-based criminal history checks; Alabama Department of Human Resources (DHR) administers the Central Registry typically processes checks in ALEA state check: 3–5 business days; FBI national check: 2–4 weeks. VolunteerBadge's national criminal database search returns results instantly for most volunteers.