Blog

 
     

Expunged Records Are Off Limits to Employers in North Carolina

By Michael Klazema on 2/3/2014

The North Carolina legislators passed Senate Bill 93 last year for the purpose of clearing the public record of any entry of any arrest, criminal charge, or criminal conviction that has been expunged. The bill also clarifies that an administrative licensing board may reissue a license if an administrative action is vacated due to an expunged record.

Employers and educational institutions in North Carolina are prohibited as of December 1, 2013, from requiring an applicant for employment or admission to disclose information about an arrest, criminal charge, or criminal conviction that has been expunged. The law also prohibits them from inquiring about an expunged arrest, charge, or conviction in an application, interview, or otherwise. It also prohibits an inquiry about an arrest, charge or conviction that they know has been expunged. The law further protects individuals with expunged records by permitting them to omit reference to the expunged charges or convictions to potential employers and others.

The law does not prohibit an employer from asking a job applicant about criminal charges or convictions that have not been expunged and are part of the public record.

Violations of the law will result in a written warning for the first event. Each additional violation will be subject to a civil penalty of up to $500. The state’s Commission of Labor will consider the size of the business, the gravity of the violation, the good faith of the person, and the record of previous violations when accessing penalties. There is an appeal process is available to employers.

Senate Bill 91 also amended the General Statutes section 15A-145.4 that deals with expungement of juvenile first offender non-violent crimes, and section 15A-145.5 that deals with expungement of non-violent misdemeanors and felonies. Each section now requires state agencies to vacate any administrative actions taken on the basis of an expunged record and allows the individual to reapply for any occupational licenses previously denied.

Other provisions of the law deal with state or local governments making inquiries into expunged criminal records of applicants.

This new law in North Carolina is similar to other state laws being passed or proposed that prohibit employers from obtaining or using information about an applicant or employee’s criminal convictions that have been expunged.

You may view Senate Bill 91 here: http://www.ncga.state.nc.us/Sessions/2013/Bills/Senate/PDF/S91v6.pdf


Tag Cloud
Categories
Recent Posts

Latest News

  • November 08 A Texas-based company was found to be supplying landlords with inaccurate background check results, potentially affecting housing decisions. The company must pay a record-setting settlement.
  • November 07 Orange Leaf Frozen Yogurt brand trusts backgroundchecks.com to perform the crucial function of background checks on job candidates before extending offers of employment.
  • November 06 The man previously responsible for running background checks on New York City’s school bus drivers says the city’s Department of Education has been pushing back against more thorough checks. The DOE reportedly circumnavigated proper bus driver vetting channels for most of the spring and summer this year.
  • November 06 If you have a series of speeding tickets or other traffic violations, do you need to disclose them as criminal history?
  • November 01 South Carolina's legislature recently adopted a measure to expand access to expungement opportunities for the state's ex-convicts, but other gaps in the process remain. Advocates disagree on how to address the problem to protect offenders as well as the public.
  • October 31 Background checks will show different things depending on the type of check. Here are a few ways employers can use background checks to learn about candidates.
  • October 30 The Pentagon recently disclosed a breach that exposed the personal information of roughly 30,000 personnel. The government blamed the breach on a contractor, calling into question background check policies for federal government vendors.
  • October 30 Just because a record has been expunged from the record or sealed from public view doesn’t mean all traces of it are gone. Expunged and sealed records can sometimes show up on criminal background checks.
  • October 29 What is the status of your driver’s license? Not only can driver’s license statuses impact your ability to drive legally, but they can also impact your auto insurance coverage.
  • October 26 As fresh details emerge in the long-running sex abuse scandal plaguing the Catholic Church, some efforts to mitigate risks and protect the vulnerable stand out from the rest, including those in the diocese of Austin, Texas.