If you were discharged from a company...and the discharge was questionable....Can you legally leave them off your application/resume when searching for another job?

Also, can prospective employers look at past job history from the state? If they can...is there any way for an employee to expunge old data from his/her records?

This is for Alabama.

Is there a law prohibiting you from leaving them off your resume? No, there isn't. Is a prospective employer allowed to question the gap in your work experience, and refuse to hire you (or fire you) because of a "lie of omission"? Yes, they may. If you were there for any length of time, leaving it off your resume is a HUGE red flag for a prospective employer. They'll want to know what you were doing during that time. What's more, when you sign most applications there is usually an agreeement specifically stating that the information you include is true AND COMPLETE. By signing this without including all information is to lay yourself open to be fired (or not hired) for falsifying your application.

No law in any state prohibits an employer from looking at job history out of state.

If you are looking for a foolproof way to leave this employer off your resume and applications with no possible repercussions, there isn't one.