Background checks - North Carolina

Summary of differences between federal and state regulations

Arrest and conviction record inquiries

Applies to all employers. NC Stat. §15A-153.

While not a “ban the box” law, this statute (effective December 1, 2013) prohibits an employer from requesting that an applicant provide information regarding an arrest, criminal charge, or conviction that has been expunged, and requires a state or local government agency to advise an applicant that he or she is not required to disclose such information.

State

Contacts

Employer immunity from disclosure claims

North Carolina Department of Correction

North Carolina Department of Justice

Arrest record inquiries

North Carolina Employment Discrimination Bureau

Conviction record inquiries

North Carolina Employment Discrimination Bureau

Regulations

Immunity from civil liability for employers disclosing information

NC General Statute – Chapter 1, Subchapter XIV, Article 43B (§1-539.12)

Blacklisting employees

NC General Statute – Chapter 14, Subchapter XI, Article 45 (§14-355)

Arrest record inquiries

None.

Conviction record inquiries

None.

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.