North Carolina State Background Check

Following the Law on Background Checks in North Carolina 

Using a criminal history search requires complying with laws at several levels. Federal rules, such as the Fair Credit Reporting Act (FCRA), mandate specific disclosures. You must also obtain written consent to the background check. In some states and communities, there are additional rules to follow. Here are the facts regarding the current state law in NC.

Ban the Box

A ban the box law restricts what employer may ask on their job applications. The box refers to a question about a person’s felony or general criminal history information. Many legislators are concerned that the box discourages people with a record from applying. Others worry that it makes it easy for employers to avoid all job applicants with a record, regardless of suitability. Banning the box requires employers to remove this question from the application.

Related Fair Chance laws may also require employers to delay background checks. A job interview or conditional offer of employment may be necessary. In areas where these rules exist, compliance is essential. Failing to comply could lead to lawsuits, fines, and other damages.

Currently, there is no ban the box law for private employers in North Carolina, but a state-level policy does exist. Likewise, several counties and municipalities have banned the box for public sector jobs. These rules don’t affect private companies, and North Carolina has no fair chance law for private employers, either.

Criminal Records 

North Carolina does not have any legislation that explicitly addresses considering arrest records. However, employers should consider avoiding the use of arrest records altogether. The Equal Employment Opportunity Commission cautions against their consideration. At backgroundchecks.com, we do not have arrest records in our database. Employers should focus on criminal convictions and consider using the Equal Employment Opportunity Commission (EEOC) evaluation factors.

Employers may not consider sealed records. Applicants do not have to disclose any expunged conviction records. Employers must inform applicants that they don’t have to disclose such information. 

How Long Will It Take for a Criminal Background Check in NC? 

Background check turnaround times vary due to many factors. At backgroundchecks.com, we make every effort to provide a quick turnaround time on NC criminal history report orders. Our multi-jurisdictional database, the US OneSEARCH, provides instant results for processes requiring agility. A typical turnaround time on a record request from a state database may be 1 to 3 business days.

However, delays may occur due to circumstances beyond our control. Backlogs may occur due to computer system outages or issues with court reporting. Usually, results arrive promptly to keep your hiring process moving along. 

How Far Back Does a State of NC Background Check Go? 

The FCRA created a seven-year reporting limit on some records, including limited reporting on arrests that didn’t lead to a conviction. However, this rule does not apply to criminal convictions. North Carolina does not have any laws that would restrict the age of criminal records, either.

Therefore, North Carolina criminal records may review records of an age – even a conviction from decades ago may appear in a report. However, the EEOC encourages employers to consider the age of a sentence during the process. An old record without a subsequent criminal offense may look different from a record checkered with convictions.

What Shows Up on an NC Criminal Background Check? 

The information contained in criminal records searches can vary. Many factors affect the data in court records. There are, however, some items that are broadly common in these files. Some of this information may be central to your decision-making process when evaluating applicants. The following items may appear on background checks based on the state’s criminal database:

• Jurisdiction where the record is recorded
• Case number
• Defendant
• Date of birth
• Charge
• Filing date
• Degree of offense, such as a misdemeanor
• Disposition
• Disposition date
• Sentence

Equip Yourself for State-Level Background Screening Today 

Hiring the best people for your business requires a detailed process, including thorough screening. Background checks help protect your business and provide more insight during hiring.

A North Carolina state background check allows you to search for additional information. At backgroundchecks.com, we make access to these records straightforward. Our Resource Center provides detailed information on important background check types and best practices. Order your first report or learn more about your options for making hiring decisions today.