Does a Criminal Background Check in North Carolina Reveal Old Records?

Every employer needs a process to select individuals who are ideally suited to vacancies. Sometimes, almost any applicant will be acceptable, like seasonal demand in a retail store. Other times, a business needs to identify people with particular skills and experience for specialist work. In every case, there is a need to avoid the risks of negligent hiring. Background screenings can help. How far back can you see records with a criminal background check in North Carolina?

There is often a great deal of confusion about regulatory limits on background check reporting. “How far do background checks go back?” is a question that employers and job applicants often ask. The period a report looks back on can and usually does vary between the states. Likewise, regulations that govern how and when employers may use background checks vary, too. For employers in North Carolina, it’s essential to understand what a typical criminal history report could reveal.

How Far Back Do Background Checks Go in North Carolina? 

There are no laws or regulations that limit a criminal history check in NC. Any criminal conviction within the state on an individual’s record could appear in the background report. The only exceptions are sealed or expunged criminal history records. Such records should not appear on any report, and knowledge of them should not factor into an employment decision.

Does that mean a misdemeanor conviction from 20 years ago could still show up on a background check in NC? Yes. Criminal record checks in North Carolina can functionally look back on an individual’s history for an indefinite period. Juvenile court records are typically an exception. These records are held separately from adult criminal records and are considered confidential, not public. They may be accessible, but only through court systems and in particular circumstances.

Employers may be aware of a seven-year limit that relates to consumer reports—a broad category of information that includes background checks. This concept, which originates with the federal Fair Credit Reporting Act, is the source of much of the confusion about lookback periods. Let’s get to the root of the issue.

The Fair Credit Reporting Act and the 7-Year Limit

Many employers and even job seekers assume that federal guidelines dictate how far back a background check can be reviewed. In reality, that’s not strictly true. The essential legislation to know about in this area is the Fair Credit Reporting Act (FCRA). The FCRA, as federal law, does apply to all employers across the nation. It also regulates the different types of background checks as a consumer report. However, what the FCRA says about background checks can differ from other targets of the law, such as credit reports.

The FCRA does impose some limitations on how far you can look back into someone’s history. These limitations apply to all jobs that pay $75,000 or less per year, but exceptions exist above that threshold. Such limitations include:

• Consumer agencies can only report information about bankruptcies for a maximum of 10 years.
• Agencies may only report on civil suits or court judgments for a maximum of 7 years after they occur.
• Arrests that didn’t produce a conviction may not appear more than 7 years after the date of the arrest. At backgroundchecks.com, we do not include arrest records in our databases, nor do we report non-conviction arrests.

Note that none of these restrictions apply to criminal conviction records. As mentioned, convictions may appear on a background check indefinitely under the FCRA. In the absence of legislation or a clean slate law within a state, this is the rule of thumb reporting agencies rely upon.

Some states do impose such additional restrictions on what shows when employers run a background check, though North Carolina is not one of them. States that enact limits on conviction reporting usually adopt the seven-year time window from the Fair Credit Reporting Act. States, including California, Massachusetts, New York, and Washington, all have a seven-year lookback limitation on criminal convictions.

So far, there has been little to no attempt in North Carolina to change the law to create a limited lookback period.

How Much Weight Should Older Convictions Have? 

If employers in the state of NC use a background check, they might encounter very old convictions. These may be ten to twenty years old—or even older for some individuals. Encountering this information means determining how to interpret it. What kind of an impact should an old record have on your considerations as an employer? It can be a tricky question.

Some types of felonies and misdemeanors may also be a red flag to a business, no matter how long ago it occurred. Violent felonies such as manslaughter or lower-degree murder may instantly raise concerns for employers. Likewise, sexual assault and related crimes may cause hiring managers to view an applicant as too risky. However, there is a wide range of other possible convictions.

The Equal Employment Opportunity Commission (EEOC) encourages employers to consider convictions on a case-by-case basis. Guidance from the EEOC highlights the value and potential for reduced discrimination of an individualized assessment. These guidelines help employers weigh the impact of criminal convictions in the hiring process.

The amount of time that has passed since the conviction occurred is one such factor. Likewise, employers may also wish to consider how much time has passed since the completion of the terms of the applicant’s sentence. Explore whether they’ve undertaken rehabilitative efforts before or since release. Consider that a very old conviction for a less severe crime may not indicate a higher level of risk.

Has the applicant had any subsequent convictions? A clear record from years after a conviction can also be evidence in an applicant’s favor. Consider each case carefully when conducting background checks.

Learn More Important Facts About Background Checks

As we’ve seen, a criminal background check in North Carolina can report convictions from any time in an individual’s past. Employers should have a policy in place that’s prepared to evaluate such reports in the proper context. Understand the impact of state and local laws on the employment process. Companies in other states may be subject to different rules. For more information about background check regulations and compliance, visit our Resource Center for additional help today.