State Resources

North Carolina Background Checks | NCS

Written by tammy | Sep 16, 2023 1:06:28 PM

 

 

 

Restrictions on Criminal Record Reporting

Since state background checks involve accessing a host of sensitive personal information about a candidate, a number of local, state, and federal regulations apply to ensure fair hiring practices. 

 

Accessing Arrest and Conviction Records

In North Carolina, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction and arrest records. As we’ll explore, a handful of municipalities and counties have enacted limited ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions.

NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant. We now offer Continuous Monitoring, which is used to stay on top of applicant's criminal records after they have been hired. New arrests, pending cases, and convictions will be reported.

In the event that an employer chooses to review and weigh arrest records in a hiring decision, they must thoughtfully consider EEOC recommendations, as well as anti-discrimination guidelines presented by the FCRA and in Title VII of the Civil Rights Act. When a conviction record leads to the disqualification of a candidate for a position, this should be documented at each stage of the review/hiring process and be based on the relevancy of a conviction to the responsibilities of the job itself.

Employers may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.

 

 

 

 

Drug Screening

With a few easy steps, your employees can schedule their drug screen at a collection site they choose at a time that is convenient for them. DOT testing is also available.

 

 

Electronic Form I-9 & E-Verify Management

Is your company required to use E-Verify? The state defines an "employer" as "any person, business entity, or other organization that transacts business in this State and employs 25 or more employees in this State." All employers with 25 or more employees are required to use E-Verify to check work authorization for all new hires. State agencies, counties, municipalities and other governmental entities must verify the employee's work authorization within three business days after the hire date. NCS can help you comply with the law with our easy-to-use system that guides and stores new hire Form I-9s online and returns E-Verify results instantly.

 

 

Ban the Box Policies – Municipal and County 

North Carolina has not instituted a statewide ban-the-box law that uniformly denies employer access to arrest records. However, some municipalities and counties within the state have passed their own ban-the-box ordinances. For both municipal and county ordinances, restrictions only apply to public employers (e.g., county or city employers) and not private employers.



The following counties have instituted limited ban-the-box ordinances:
Buncombe, Cumberland, Durham, Forsyth, and Mecklenburg.

At the local level, the following municipalities have passed ban-the-box ordinances:
Asheville, Carrboro, Charlotte, Durham City, and Spring Lake.

Since the extent of these municipal and county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction. Generally speaking, private employers may continue to conduct state-level criminal background screenings that include the review of arrest records as long as they remain in compliance with all local, state, and federal regulations to ensure fair hiring practices.

 

 

 

 

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Navigate State Background Checks and Compliance with NCS

Enjoy an expedited, compliant, and informed hiring process with National Crime Search's comprehensive Criminal Background Checks.

Contact us today to learn how our services can seamlessly integrate with your HR needs, and help you hire with confidence and peace of mind about the regulations that apply to your organization.

 

 
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