On June 25, 2018, Governor Roy Cooper signed House Bill 774, which expands Certificate of Relief. The North Carolina Certificate of Relief Law, which was enacted in 2011, offers relief from the collateral consequences of a criminal conviction (i.e. penalty, disability, or disqualification). An employer may take into consideration a certificate of relief despite the applicant’s criminal past; however, the certificate is not an expungement or pardon.
Beginning on December 1, 2018, people convicted of “no more than three Class H or I felonies and any
In addition, the law protects employers from liability from most employment-related negligence claims when hiring or retaining a person with a certificate of relief, but only if the employer “relied on” the Certificate of Relief “at the time of the alleged negligence.”
What This Means to You
- This update applies to all employers in North Carolina.
- The Certificate of Relief will be available to people convicted of no more than three Class H or I felonies and
- Employers are immune from liability from negligent hiring if the employer “relied on” the Certificate of Relief at the time of the alleged negligence.
House Bill 774 is available here:
About Michael Klazema The author
Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments