Blog

 
     

North Carolina Amends Certificate of Relief Law

By Michael Klazema on 7/26/2018

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 misdemeanors” may petition the court for a Certificate of Relief.” In addition, if a person “is convicted of more than one Class H or I felony in the same session of court, then the multiple felony convictions shall be treated as one felony conviction.”

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 misdemeanors.
  • 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: 
https://legiscan.com/NC/text/H774/2017


Tag Cloud
Categories
Recent Posts

Latest News

  • August 10 Moore Advanced teamed up with backgroundchecks.com to secure the best possible hires. Read more about how this process has assisted them.
  • August 10 An adjudication withheld is a court agreement that doesn’t qualify as a conviction but can make matters confusing for individuals applying for jobs. Should you disclose a withheld adjudication to a prospective employer?
  • August 09 With adults now legally using recreational marijuana in numerous states, and with additional legalization efforts in the wings, expungement of old and minor drug-related convictions is more important than ever.
  • August 07 A West Virginia TV station is pushing the state’s Child Protective Services and Department of Health and Human Services to answer questions about background check policies. A CPS employee was recently charged with contributing to the delinquency of a minor, domestic assault, and threatening a police officer.
  • August 02 Woes continue for ridesharing companies struggling to keep riders safe after a man, illegally in the United States, was arrested and accused of several rapes dating back years.
  • July 31 South Carolina legislators recently passed a new law that will change the language of the state’s expungement policy. The new law will make expungement possible for repeat offenders. The previous law only allowed first offenses to be scrubbed from the public record.
  • July 26

    Hawaii employers have been banned from asking job applicants about their salary history. The new act’s effective date is January 1, 2019, and covers all employers that have at least one employee in that state.

  • July 26

    The expansion of the The North Carolina Certificate of Relief  Law, offers relief to jobseekers. 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.

  • July 26

    With growing concerns about liability, businesses are transitioning away from one-time background checks in favor of continuous checks. The results are impacting both employers and employees.


  • July 25 Uber is officially launching a new ongoing criminal monitoring policy for drivers. The company started rolling out the new system in early July and will expand it in the months to come.