Many states and localities have enacted ban-the-box laws. On November 1, 2020, North Carolina will join the list. In August, Governor Roy Cooper signed Executive Order 158 to implement fair chance and “ban the box” polices at state agencies to increase job opportunities for ex-offenders.
This new law will:
- Remove criminal history questions from the application for state employment and prohibit inquiries into an individual’s criminal history during the initial stages of the hiring process;
- Prohibit the consideration of expunged or pardoned convictions, charges unrelated to the underlying employment matter, arrests not resulting in a conviction, dismissed or ruled not guilty, unless the hiring is prohibited by law;
- Require that necessary background checks not be conducted before the initial job interview for the candidate;
- Require state agencies to provide a reasonable opportunity for applicants to explain the circumstances surrounding relevant conviction(s) and provide proof of rehabilitation, including a Certificate of Relief.
